Terms of Service
Thank you for using our applications and services! By accessing, using, downloading, or visiting any service, application or site provided by JRummy Apps Inc., and its affiliates (together, “JRummy”), you agree to the terms (“Terms”) listed in this agreement (“Agreement”). JRummy reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted at http://jrummyapps.com/terms.html.. By continuing to access or use the Services, you accept any changes or revisions to the Terms.
- JRummy grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by JRummy as part of the Services ("Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
- The Software includes certain executable modules that JRummy has licensed from third party providers ("Third Party Components") that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
- Except as provided in the next section, you may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions, the source code is in the public domain, or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of JRummy’s third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
- You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
- You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License version 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
- As between the parties and except as otherwise provided in any license agreement for Third Party Components, JRummy shall own all title, ownership rights, and intellectual property rights in and to the Software, and any copies or derivative works thereof.
- You understand that JRummy or its licensors may modify or discontinue offering the Services at any time.
- This Agreement does not entitle you to any support, upgrades, patches, enhancements, or ﬁxes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by JRummy, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data provided by JRummy or other third party data providers may be delayed or unavailable as specified by JRummy or such third party data providers. JRummy does not verify any data provided by JRummy or other third party data providers and disclaims any obligation to do so. JRummy, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.
- You may not, or allow anyone else to, use any of the Services to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- JRUMMY SERVICES ARE PROVIDED "AS IS". JRUMMY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND JRUMMY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE JRUMMY SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, JRUMMY DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT JRUMMY SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO JRUMMY'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that JRummy and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by JRummy's software, network services, or the like, or arising from JRummy's use of such services.
Limitation of Liability and Damages
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL JRUMMY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. JRUMMY'S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO JRUMMY (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE JRUMMY'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO JRUMMY'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The above limitations and exclusions apply to software developed by JRummy and any software developed by a third party.
This website and other Services may provide links to websites, software, or other materials provided by third parties. JRummy does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. JRummy is not liable for any harm caused by any such materials.
"Malware" means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. JRummy does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that JRummy and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless JRummy and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the JRummy Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys' fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by JRummy or any third party.
This Agreement shall be governed by the law of the State of California applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of California therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
- This Agreement does not give you any rights not expressly and unambiguously granted herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind JRummy in any respect whatsoever.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement is not assignable, transferable, or sublicensable by you except with JRummy's prior written consent. JRummy may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.