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Copyright ©2014 LD Interactive, LLC
The following are terms of a legal agreement (“Agreement”) between you and LD Interactive LLC (Parent Company of Lucid Dreams LLC), herein after (“Company”). By accessing, browsing, downloading and/or otherwise using the Web Site, jackd.mobi, or the Jackd mobile device software and application or any related mobile device or web services applications owned or controlled by Company, (collectively the “JACKD Services”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You must be 18 years of age or older (21 years of age in places where 18 years is not the age of majority) to use JACKD Services and to register as a user. If we discover or have any reason to suspect that you are not over 18 years of age (21 years of age in places where 18 years is not the age of majority), then we reserve our right to suspend or terminate your membership or use of the JACKD Services immediately and without notice.
If you do not agree to all of these terms and conditions, you may not access, browse and/or use JACKD Services.
STATE OF NEW JERSEY INTERNET DATING SAFTEY ACT DISCLOSURE
IF YOU ARE A USER OR MEMBER COMING FROM THE STATE OF NEW JERSEY, WE ARE REQUIRED TO NOTIFY YOU THAT WE DO NOT CONDUCT CRIMINAL BACKGOUND CHECKS ON ANY USER, MEMBER OR PROSPECTIVE MEMBER.
The material provided on JACKD Services is protected by law, including, but not limited to, United States copyright law, trademark and international treaties.
These terms of access apply to your access to and use of JACKD Services and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use JACKD Services automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to JACKD Services.
Copyright. All JACKD Services materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company © 2014, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on JACKD Services for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on JACKD Services for commercial use without prior written approval of the Company. You may not “mirror” any material contained on JACKD Services on any other server without prior written permission from the Company. Any unauthorized use of any material contained on JACKD Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names and logos (the “Trademarks”) used and displayed on JACKD Services are registered and unregistered Trademarks of the Company. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. You acknowledge that the Trademarks used and displayed on JACKD Services are and shall remain the sole property of the Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in JACKD Services shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on JACKD Services, without the express written permission of the Company or the Trademark owner. The misuse of the trademarks displayed on JACKD Services, or any other Content on JACKD Services, is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a hypertext link to JACKD Services provided that such link is to the entry page of JACKD Services and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found on JACKD Services, the Content of any text or the layout/design of any page or any form contained on a page without the Company’s express written consent. Links to third party sites on JACKD Services are provided solely as convenience to you. If you use these links, you will leave JACKD Services. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their Content or their policies, including, without limitation, privacy policies or lack thereof. The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to JACKD Services, you do so entirely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Downloadable Materials. Any software, including codes or other materials that are made available to download including the JACKD IOS or Android mobile applicaiton, is the copyrighted work of the Company and/or its suppliers and affiliates. If you download the JACKD mobile application, use of the software is additionally subject to the license terms in the end user license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable end user license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable end user license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.
Limited Access. Except as otherwise expressly permitted by the Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to create profiles or user interactions, “screen scrape,” monitor, “mine,” or copy the Web pages on or the Content contained therein without the Company’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of JACKD Services for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of JACKD Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure.
Additional Use Restrictions. You shall not post, message, transmit, e-mail, re-transmit or store material on or through any of the JACKD services provided by the Company which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the JACKD Services. In addition, you may only use the JACKD Services in a manner that, in the Company's sole judgment, is consistent with the purposes of such JACKD Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at email@example.com. By way of example, and not limitation, the following uses described below of the JACKD Services are expressly prohibited:
The Company does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the JACKD Services, nor does the Company endorse any opinions expressed by Users or others. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement and do not represent the views of the Company. JACKD Services, including all software, functions, materials, and information are provided “as is” without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational Content. The Company does not warrant or make any representations regarding the operation of the JACKD Services, the use, validity, accuracy or reliability of, or the results of the use of the materials on the JACKD Services or any other sites linked to the JACKD Services. The materials of the JACKD Services may be out of date, and the Company makes no commitment to update the materials on JACKD Services. The Company does not and cannot guarantee or warrant that the files available for downloading from the JACKD Services, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. The Company does not warrant that the JACKD Services, software, materials, products, or services will be uninterrupted or error-free or that any defects in the JACKD Services, software, materials, products, or services will be corrected. The JACKD Services are intended only as personal, location based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other application in which the failure or inaccurancy of that application or the JACKD Services could lead directly to death, personal injury or server physical or property damage.
LIMITATION OF LIABILITY
In no event will the Company, its Directors, Officers, Employees, Agents, Affiliates, or Content or Service providers or other third parties mentioned at or in the JACKD Services be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of the JACKD Services, any web sites linked to the JACKD Services, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from the JACKD Services results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
REVISIONS TO THIS AGREEMENT
The Company may revise this Agreement at any time WITHOUT NOTICE BY UPDATING THIS POSTING. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the JACKD Services, including but not limited to, content, features or hours of availability. We may also impose limits on certain features of the JACKD Services or restrict your access to part or all of JACKD Services without notice or penalty. By using the JACKD Services you agree to be bound by any such revisions and should therefore periodically visit the JACKD Services and these pages to determine the then current Terms of Access and Use conditions of use to which you are bound.
Any idea you transmit to or post on the JACKD Services by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from the JACKD Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
You warrant to the Company that:
ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION
The Company may take any or all of the following actions at our sole discretion:
GOOD SAMARITAN CONTENT AND NOTICE OF CLAIMS OF INFRINGEMENT
Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact our Copyright Agent in writing listed above, if you believe that a work protected by a U.S. Copyright which you own has been posted on the JACKD Services without authorization or that the JACKD Services, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use the JACKD Services in an inappropriate or objectionable manner.
SUBSCRIPTIONS AND FEES
While the standard service on JACKD is free, additional data charges may apply to you depending on the data plan you have with your mobile carrier. Additional payment is required to upgrade to the JACKD Pro version. If there is a charge associated with a portion of the JACKD Services, you agree to pay that charge by accessing or using it. The price stated for the JACKD Pro version may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you download the JACKD App (each, an “App Store”) on your device. Fees and charges are collected by the App Store on your mobile device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. The Company relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the JACKD Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the JACKD Services for non-payment could result in a loss of access to and use of your account and its content.
If you would like to buy the Pro Version of the JACKD Services, you do this with in-app subscriptions from the App Store on your mobile device. You will be advised of the charge for the Pro Version of the JACKD Services before making payment and being billed. You must make all payments through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the JACKD Pro Version (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying for any amounts for services billed to your mobile device, debit or credit card or PAYPAL account by an App Store or third party who had access to these account, whether or not such amounts were authorized by you.
Subscriptions are managed by the App Store directly. The Company does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for either 7, 30, 90, 180, or 365 days. Payment will be charged to your App Store account at confirmation of purchase. If you have chosen an auto renew subscription plan, your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during your current active subscription period.
COOPERATION WITH LAW ENFORCEMENT
The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using the JACKD Services or any Content or materials available in, at, through or in association with the JACKD Services in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION BY THE COMPANY DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES
APPLICABLE LAWS, VENUE, JURISDICTION
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts notwithstanding any conflict of laws provisions. You and the Company agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be CAMBRIDGE, MASSACHUSETTS. You and the Company further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Middlesex, Massachusetts (the “Massachusetts Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Massachusetts Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Massachusetts Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.
Compliance with California Civil Code - Section 1694-1694.4 :Chapter 2.1. Dating Service Contracts
Notwithstanding anything in these Terms of Access and Use, You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect.
This notice shall be sent to:
LD Interactive LLC, P.O. Box 425338, Cambridge, MA 02142
LD Interactive LLC, (“LD”) owners of the jackd.mobi web site and the JACKD mobile app, collectively (“JACKD”) is committed to respecting your privacy. We take reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to ensure that personal information is relevant for the purposes for which it is to be used. Because JACKD is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries other than the one in which you reside. By using JACKD you explicitly consent to such use and/or transfer of your information.
Please read the following policy to understand how your personal information will be treated. This policy may change from time to time. You are responsible for reviewing the policy so please check back periodically. This policy will let you know the following:
What personally identifiable information is collected from me?
On some JACKD mobile pages, you can create an account, make payments and requests and/or receive materials. The types of personal information collected at these pages may include your name, gender, age, e-mail address and standard contact information, including addresses and phone numbers and your user name.
What about other information including profile information?
The name and profile of a user of the JACKD mobile application as well as whether the user is online, may be visible to others. DO NOT INCLUDE INFORMATION IN YOUR PROFILE THAT YOU WANT TO KEEP PRIVATE. App users can use the search feature in the App to search for other users by different profile criteria. Understand that when you use the App, as a default, information about your distance from other users is public and other users of the App can see this information within your profile.
As a user of JACKD you may voluntarily provide content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) ("User Submissions") to the Service. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when providing User Submissions. Before submitting content, please read our Terms Of Access And Use, and Profile Guidelines carefully.
We reserve the right to remove any such content for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms Of Access And Use, Profile Guidelines or End User License Agreement or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
What are cookies, web beacons, persistent device identifiers, advertising identifiers and tracking pixels and how they are used by LD?
We automatically collect certain information to help us understand how you use JACKD. Each time you use JACKD we automatically collect your IP address (the Internet address of a computer), or mobile device address, browser and computer or device type, access times, the web page from which you came and the web page(s) you access. In addition, LD may place Internet cookies on your hard drive or use tracking pixels embedded in our web pages. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies and tracking pixels are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of JACKD; (c) we may also use this information to help target advertisements to you, either on JACKD or other third party sites whom we partner with, based on user interests and behavior; (d) track your progress and entries in promotions, sweepstakes and contests, if any; and (e) measure certain traffic patterns for use as a research tool to understand how our users’ habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some Web pages may not display properly or you may not be permitted to access certain information.
LD may also collect IP or device addresses to track a user’s session while the user remains anonymous. We analyze this data for certain trends in statistics, such as which features of JACKD users are using and how much time they spend there.
Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of Web beacons to capture information by blocking cookies.
Persistent device identifiers are unique strings that are associated with the mobile device that you use to connect to the Service. Persistent device identifiers may be modified or disabled by sophisticated users.
Advertising identifiers are unique strings associated with your mobile device provided by the operating system. Advertising identifiers may be modified or disabled by users in the operating system settings.
Apple iOS and Google Android devices provide the ability for users to enable a "do not track" setting that disables your advertising identifier. If the “do not track” setting is disabled, we may record when a user installs the App, and whether or not this action was the result of a tap on an ad outside of the App. We may also run targeted advertising on third party applications via our advertising display partners. For users who have enabled the "do not track" setting in iOS or Android, this data will not be collected.
To enable the “do not track” setting on iOS, visit: http://support.apple.com/kb/HT4228
To enable the “do not track” setting on Android, visit: http://www.futureofprivacy.org/2013/11/15/android-kitkat-update-new-privacy-features/
How is my information used?
LD will not sell, rent or lease your personally identifiable information to others without your consent. The information you provide will be used to support your customer relationship with LD. Your information may be shared with agents, contractors or business partners for the purpose of performing services for LD.
We want to help you quickly find information on JACKD and be alerted to specific offers, updated information, and other new products and services from LD. Accordingly, we may send you an e-mail to your external e-mail address about a special contest or promotion or about our various products and services or other products and services we feel may be of interest to you. If you do not want to receive such mailings, simply “opt-out” by the means provided for in the mailings or by contacting firstname.lastname@example.org.
Notwithstanding, LD does research on our users’ demographics, interests and behavior based on the information provided to us during your use of JACKD. This research is compiled and analyzed on an aggregated basis. Aggregated data does not include personally identifiable information. LD may share this aggregated data with others.
Who is collecting my information?
When you are on JACKD and are asked for personally identifiable information, you are sharing that information with LD alone, unless specifically stated otherwise. If data is being collected and/or maintained by any company other than LD or an agent for LD, you will be notified prior to the time of the data collection or transfer. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service or purchasing those particular goods.
Please be aware that JACKD advertisers or Web sites that have links on to JACKD may collect personally identifiable information about you. The information practices of those web sites linked to JACKD either through advertisements or other hyperlinks are not covered by this privacy statement.
With whom does LD share my information?
How can I access, update or delete my information?
What does “opt-out” mean?
To “opt-out” means that you have notified LD that we no longer have permission to use your information for an enumerated particular purpose. For example, when we send you information on a new product to your external e-mail account, you will be given the opportunity to “opt-out” of receiving such information in the future.
What else should I know about my privacy?
Third Party Internet sites and services accessible through the JACKD have separate privacy and data collection practices, independent of us. LD has no responsibility or liability for these independent policies or actions. Please be careful and responsible online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your information, LD cannot ensure or warrant the security of any information through the transmission process and you do so at your own risk.
Other Legal Notices.
Thank you for your interest in advertising with Jack'd.
Please feel free to follow up with us at any time at our email address: email@example.com