TERMS OF SERVICE
Among other things, our Services allow fans of Internet content provide financial rewards to the owners of content including, without limitation, pictures, videos, text, and other and, in some cases, to those who use our Services to make others aware of really cool or interesting third-party content.
Eligibility to Use our Services
Our Services are offered and available to users who are 18 years of age or older that reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Juble It! and meet all of the foregoing eligibility requirements. If you are entering into this Agreement for an entity, such as the company you work for, you represent and warrant to us that you have legal authority to bind that entity and grant the licenses and permissions you are granting herein. If you do not meet all of these requirements, you must not access or use the Services.
Accessing the Services and Account Security
We reserve the right to withdraw or amend our Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The phrase Juble It!, the Juble It! logo and all related names, logos, product and service names, designs and slogans are trademarks of Juble It! or its affiliates or licensors. You must not use such marks without the prior written permission of Juble It! All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit or send any "junk mail", "chain letter" or "spam" or any other similar solicitations.
To impersonate or attempt to impersonate Juble It! (including any of its employees), another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Juble It! or users of the Services or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Referral Content – Linking to Third-Party Content
Referral Content. The Services may allow you to link to, display, and view third-party content that is available elsewhere on the Internet (“Referral Content”).
Your Representation and Warranty.
By linking to Referral Content on our Services, you represent and warrant that such public display does not and will not violate any third-party intellectual property (without limitation, copyright and trademark) or other proprietary right.
How Referral Content Can be Used by Juble It! and its Users.
By providing Referral Content on or through our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable right and license link to and perform or display your Referral Content in connection with our Services and Juble It!’s business.
You also hereby grant each user of the Service a worldwide, perpetual, non-exclusive, royalty-free right and license to use your Referral Content as permitted by the functionality of our Services. The license will expire a reasonable amount of time after you remove or delete your Referral Content from the Services, provided that Juble It! may retain a backup copy of your deleted Referral Content.
Your Content. The Services may allow you to post, link to, or otherwise make available content owned or controlled by you (or the entity that you are authorized to act on behalf of) including, without limitation, pictures, videos, text, comments and other materials that is owned by you (“Your Content”).
Your Representations and Warranties. You represent and warrant that:
You (or the entity you are authorized to act on behalf of) own or control all rights in and to Your Content and are authorized to grant the licenses and permissions granted herein; and
How Your Content Can be Used by Juble It! and its Users
By providing any of Your Content on or through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, create derivative works, perform, display, distribute, transmit, and otherwise disclose to third parties Your Content in connection with our Services and Juble It!’s businesses.
You also hereby grant each user of the Service a worldwide, perpetual, non-exclusive, royalty-free right and license to use, reproduce, modify, create derivative works, distribute, display, perform, and transmit your User Contributions as permitted by the functionality of our Services. The license will expire a reasonable amount of time after you remove or delete your User Contribution from the Services, provided that Juble It! may retain a backup copy of your deleted User Contribution.
Your Content and Referral Content shall be referred to collectively as “User Contributions”. Any of User Contributions will be considered non-confidential and non-proprietary. You understand and acknowledge that you are responsible for your User Contributions that you post, link to, or otherwise make available and that you, not Juble It!, have fully responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any of your User Contributions.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS JUBLE IT! AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
While we reserve the right to monitor and remove User Contributions, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement Policy
Reporting Claims of Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
[PHYSICAL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Our Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Juble It!, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Juble It! We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may modify or change our Services from time to time, without notice. Content found using our services is not necessarily complete or up-to-date. We are under no obligation to update such material.
Information About You and Your Visits to the Services
Payment Services and Other Terms and Conditions
Linking to our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Our Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on our Services.
Send e-mails or other communications with certain content, or links to certain content, on our Services.
Cause limited portions of content on our Services to be displayed or appear to be displayed on your own or certain third-party websites.
You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the state of Ohio in the United States. We provide our Services for use only by persons located in the United States only. We make no claims that the Services or any of its content is accessible or legally permissible outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so on your own initiative and risk and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JUBLE IT! NOR ANY PERSON ASSOCIATED WITH JUBLE IT! MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER JUBLE IT! NOR ANYONE ASSOCIATED WITH JUBLE IT! REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
JUBLE IT! HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Juble It! LLC 1311 Vine Street, Cincinnati, OH 45202
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: Support@jubleit.com
For the purposes of these Payment Service Terms:
If you, or an entity that you are authorized to act on behalf of, would like to post, link to, or otherwise make available Your Content on or in connection with our Services and accept payments from fans who appreciate Your Content, then you are a “Content Owner.”
If you, or an entity you are authorized to act on behalf of, would like to use our Services to provide funds to a Content Owner, whose Your Content you like or appreciate, then you are a “Fan.”
If you, or an entity you are authorized to act on behalf of, would like to use our Services to link to Referral Content and accept payment from Juble It! for bringing such content to our users’ attention and accept payments from fans who appreciate your Referral Content, then you are a “Curator”
How Payments Work
For Content Owners
If you have registered with us as a Content Owner, we will keep an account of pledges of payments to you by Fans of Your Content. We will invoice the Fans to obtain payment for you at the end of each month. YOU WILL ONLY BE PAID WHEN AND IF A FAN PAYS THE APPLICABLE INVOICE. IF A FAN DOES NOT PAY AN INVOICE, YOU WILL NOT BE PAID AND JUBLE IT! HAS NO LIABILITY TO YOU OR TO YOUR FAN FOR YOUR FAN’S FAILURE TO PAY AN INVOICE.
You may pledge a contribution to a Content Owner [and/or] Curator who has registered for our Services by clicking on the Juble It! button found on the website where you found the User Contribution. At that time we will ask you to log in or sign up with Juble It!. We will keep an account of your pledges of contributions to Content Owners who have registered for our Services. We will invoice you at the end of each month. If you have not yet set up an account with us, you will be asked to provide payment information at that time and approve your invoice for processing at that time. If you have already set up an account with us, you will be asked approve your invoice for processing at that time. Once the payment has been processed, you can only obtain a refund or cancellation by contacting Juble It!. You authorize Juble It! to cause your deposit account to be debited for the amount on the invoice.
If you have registered with us as a Curator, we will keep track of referral fees that may be owed to you as result of pledges of contributions [to Content Owners] for your Referral Content. We will invoice Fans for any pledges of contributions by Fans at the end of each month. We will deposit any referral fees in your account once we receive payment from the Fans. YOU WILL ONLY BE PAID WHEN AND IF A FAN PAYS THE APPLICABLE INVOICE. IF A FAN DOES NOT PAY AN INVOICE, YOU WILL NOT BE PAID AND JUBLE IT! HAS NO LIABILITY TO YOU OR TO THE FAN FOR THE FAN’S FAILURE TO PAY AN INVOICE.
For Content Owners and Curators-How Payments are Processed
It is a requirement for use of the Services that the Content Owner and Curator have a PayPal account. Transactions may be paid by means of a Visa or MasterCard account, or by ACH transfer. All transactions will be processed through PayPal. By registering for the Services, Content Owner authorizes PayPal to act as a payment processor on its behalf for the purpose of processing payment transactions initiated by Fans for deposit to Content Owner’s or Curator’s deposit account identified as part of the registration process. PayPal will process transactions through a clearance and settlement system that operates between federally regulated financial institutions. JUBLE IT! IS NOT A BANK, SAVINGS AND LOAN OR REGULATED FINANCIAL INSTITUTION. JUBLE IT! IS NOT A MONEY TRANSMITTER. You agree that you do not and will not participate in any of the prohibited activities described below or in Section 8.
Our Fees. We (and our partners) may charge service and/or processing fees as set forth on our website. Such fees are only charged by Juble It! to Content Owner when a Fan pays an invoice, and Juble It! will subtract such fees before transmitting the proceeds of the contributions into a Content Owner’s account. We reserve the right to modify our fees at any time.
Taxes. You are responsible for determining what, if any, additional fees or taxes may apply as a result of your use of our Services, and it is your responsibility to collect, report, and pay the correct tax to the appropriate tax authority. We do not withhold taxes from any payment we make.
You may use our Services only for lawful purposes and in accordance with these Payment Service Terms. You agree not to:
Use any payment source you are not authorized to use or engage in any fraudulent transaction.
Manipulate or abuse the credit card or ACH payments process in any way including, but not limited to, making a payment to crate cash from a credit or gift card.
Use the Services for any unauthorized or illegal purpose.
Access the Services from a country other than the United States.
USE OF JUBLE IT! IS AT YOUR OWN RISK. JUBLE IT! SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS O MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM JUBLE IT! SHALL CREATE ANY WARRANTY.
You shall be solely responsible and liable for, and we shall have no responsibility or liability for, any bad debts, fraudulent purchase activity, disputed payments and refunds.
DISPUTE RESOLUTION & MANDATORY ARBITRATION.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at: Support@Jubleit.com We will contact you based on the contact information you have provided us or that we obtain by other means.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTION” section below, we each agree that any arbitration will be solely between you and Juble It!, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in section is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply, and the classwide dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.