Effective Date: __________________, 2018
Welcome to JetHeart™, operated by Original Creativity, LLC, a California limited liability company (“OC” or “we”, “us” or “our”). JetHeart provides you with invitations (a “JetHeart Invitation”) for mutual experiences (an “Experience”) to be shared with friends and family members.
Please read the terms of this User Agreement (the “Terms”) carefully before using JetHeart (JetHeart products, software, services and web sites are referred to collectively as the “JetHeart Services”). By clicking on “I Agree” at the end of these Terms, you acknowledge that you have read and understand, and that you unconditionally agree to be bound by, these Terms. If you do not unconditionally agree to all of these Terms, you may not use the JetHeart Services. To reject these Terms, you must click “I Don’t Agree”, and cease your use of the JetHeart Service.
We may modify, replace, refuse access to, suspend or discontinue the JetHeart Services, or change these Terms or any other terms concerning the JetHeart Services from time to time. Any change will be effective thirty (30) days after the earlier of the date we notify you directly by electronic mail or other communication, or on the date you specifically agree to the modified Terms. The modified Terms will only affect your, and our, rights and obligations on or after the effective date of the modification, but will not affect the terms of any Invitation for which you have paid before the effective date of the modification. Unless specifically set forth otherwise in these Terms regarding dispute resolution, if the modified Terms are not acceptable to you, your only recourse is to cease using the JetHeart Services.
Your use of the JetHeart Services contains a number of responsibilities and risks. By accepting these Terms, you are accepting these responsibilities and risks including, without limitation, those set forth in Sections 4, 5, and 12.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes, without limitation, JH Content and User Content.
“JH Content” means Content that OC makes available through the Service including any Content licensed from a third party, but excluding User Content.
“User” means a person who has completed JetHeart’s account registration process, as described under the “Account Registration” section below.
“User Content” means Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Service.
“Website” means our website located at www.jetheart.com.
Certain areas of the JetHeart Services and your access to or use of certain aspects of the JetHeart Services or Content may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and separate terms and conditions specific to an Invitation for a particular Experience, the latter terms and conditions will take precedence. If there is a conflict between these terms or notifications and any terms contained on the Website, these Terms will prevail.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. We may use third party age verification services to confirm that you are 18 or older. You represent and warrant that any information that you provide to us, or to any of our third party age verification services, is true.
3. Account Registration
In order to access certain features of the JetHeart Service, including to (i) create an Invitation, and (ii) post any User Content through the JetHeart Service, you must become a User by registering and creating an account (“Account”). You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. OC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You will be asked to create a password when you create your Account. OC does not have access to your password and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately change your password and notify us upon detecting any unauthorized use of your Account by emailing [email protected].
4. Your Responsibilities and Risks
4.1 Your Responsibilities and Risks – Generally
OC does not take part in, nor is OC in any way responsible for, any interaction between you and any other individual or entity concerning any Experience except to the extent necessary to maintain the JetHeart Services. You acknowledge and agree that OC does not provide or arrange for any Experience, participate in any interaction among any individual or entity, determine the suitability of any Experience for any individual or provide any logistic or other support or services. You agree that you must evaluate and bear all risks associated with using the JetHeart Services including, without limitation, to whom you provide an Invitation, and their physical, mental, and other suitability to engage in the Experience, and any other impacts arising out of the Invitation or the Experience. Any disputes related to the services received by you or other individuals or entities involved in an Experience must be resolved directly between such persons.
YOU AGREE THAT OC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY EXPERIENCE INCLUDING, WITHOUT LIMITATION, ANY PROPERTY DAMAGE OR PERSONAL INJURY OCCURRING ON ANY EXPERIENCE, OIR ANY ACTS OR OMMISSSIONS OF ANY INDIVIDUAL ORENTITY PROVIDING ANY SERVICES IN CONNECTION WITH AN EXPERIENCE. EXCEPT FOR OC’S OBLIGATIONS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, OC EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE OC FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATED TO OR ARISING OUT OF ANY ACTS OR OMISSIONS OF ANY INDIVIDUAL OR ENTITY IN CONNECTION WITH ANY EXPERIENCE.
4.2 Your Responsibilities and Risks
All information, materials, content and/or advice provided through any of the JetHeart Services is for informational purposes only. OC is not responsible for the accuracy or reliability of any information on the Site including, without limitation, any User Content or JH Content.
When using the JetHeart Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of OC and its suppliers. Accordingly, OC assumes no liability for or relating to the delay, failure, interruption, interception, wrongful retrieval, storage failure, or corruption of any data or other information transmitted in connection with use of the JetHeart Services. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from JetHeart.
5. General Prohibitions
As a condition to accessing or using any of the JetHeart Services, you may not do any of the following:
- Use the JetHeart Services or any Content provided through the JetHeart Services for any purpose other than to create and send an Invitation.
- Use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any of the JetHeart Services including, without limitation, any Invention, except for any User Content posted by you, or except as permitted in these Terms;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide any of the JetHeart Services;
- Use intellectual property of OC, or any other User Content, or adapt, modify or create derivative works based on such intellectual property or User Content;
- Rent, lease, loan, trade, sell/re-sell access to any of the JetHeart Services;
- Deep-link to any of the JetHeart Services for any purpose (i.e. include a link to a web page on the Website);
- Use automated methods to add contacts, create Invitations, or engage in otherwise permitted activities, regarding any of the JetHeart Services;
- Test, attempt to, or actually, override, or circumvent, any security component included in or underlying any of the JetHeart Services;
- Use any of the JetHeart Services to send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to people who don’t know you or who are unlikely to recognize you as a known contact;
- Send any software viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of OC or any User of any of the JetHeart Services;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted using any of the JetHeart Services or whether in any email or newsgroup posting or otherwise, or in any way use any of the JetHeart Services or Content to send altered, deceptive or false source-identifying information;
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) use anyone’s likeness, name, address, or other personally identifiable information without their prior consent; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (viii) promotes illegal or harmful activities or substances; or (ix) upload to the JetHeart Services any Content that is deemed by us to be inappropriate;
- Use, display, mirror, or frame any of the JetHeart Services, any individual element within any of the JetHeart Services, the JetHeart name, any OC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OC’s express written consent;
- Use any meta tags or other hidden text or metadata utilizing a OC trademark, logo, uniform resource locater, or product name, without OC’s express written consent;
- Use any of the JetHeart Services or Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
- Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation in connection with your use of any of the JetHeart Services; or
- Encourage or enable any other individual to do any of the foregoing.
OC will have the right to investigate your activity concerning the JetHeart Services, including reviewing your Account or any User Account, for any reason. OC may discontinue your use and access to any of the JetHeart Services or terminate your Account for any reason, and may otherwise prosecute your violation of these Terms to the fullest extent of the law. OC may involve, and cooperate with, law enforcement authorities, in any mater concerning the JetHeart Service, any User, any Content, or any data, including, without limitation, prosecuting Users who violate these Terms. You acknowledge that OC has no obligation to monitor your access to or use any of the JetHeart Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the JetHeart Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ABCOC reserves the right, at any time and without prior notice, to remove or disable access to any Content that OC, at its sole discretion, for any reason or no reason.
OC may allow you to post User Content, all of which must comply with the terms of this Agreement. OC has no responsibility or liability for any User Content, has no responsibility for monitoring any User Content, or for determining the source of any User Content. You shall have no claims against OC with respect to any User Content. You shall indemnify and hold harmless OC from and against any User Content created by you.
6. Ownership and License
OC owns the JetHeart Services and JH Content, and you own any User Content.
7. Licenses Granted by OC to JetHeart Content
Subject to your compliance with these Terms, OC grants you a limited, non-exclusive, non-transferable license to view, download and print any JH Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. OC reserves all rights not expressly granted in these Terms, and no licenses or rights shall arise by estoppel or implication.
8. License Granted by User
By making available any User Content on or through the JetHeart Services, you hereby grant to OC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to third parties, to access, use, view, copy, adapt, reformat, download, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit your User Content on, through, or by means of, the JetHeart Services.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the JetHeart Service. Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases that are necessary to grant to OC the rights in such User Content, as contemplated under these Terms, including providing to OC personally identifiable information concerning any individual described or depicted in, or otherwise a part of, any User Content; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or OC’s use of the User Content (or any portion thereof) on, through or by means of, the JetHeart Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the JetHeart Services (“Feedback”). You may submit Feedback by emailing us at [email protected], or via the Contact Us link on the App. We own any Feedback you submit to us.
10. Advertisements, Searches, and Links to Other Websites
OC may allow advertisers to respond to certain User Content you post with advertisements or sponsored Content directed to you. OC does not recommend and does not endorse the Content on any third-party websites or applications, or any product advertised through the JetHeart Services. OC is not responsible for the Content of linked third-party sites or applications, sites framed within the Website, third-party websites or applications provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites or applications, or reliance on any third party content, is at your own risk and subject to the terms and the information privacy practices of for such sites.
11. Termination and Account Cancellation
OC reserves the right to revoke your access to and use of the JetHeart Services and Content at any time, with or without cause. In the event OC terminates your Account, you will remain liable for all amounts due to OC. You may cancel your Account at any time by sending an email to [email protected].
12. Warranty Disclaimer and Limitations of Liability
The use of the Services and the Content is at your own risk. Additionally, you understand and expressly agree that we do not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the JetHeart Service.
THE JETHEART SERVICES INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND THE CONTENT, ARE PROVIDED “AS IS”. OC, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF CONDUCT.
IN NO EVENT SHALL OC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, THE USE OF, OR INABILITY TO USE, ANY JETHEART SERVICES INCLUDING, WITHOUT LIMITATION, THE WEBSITE, OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS SHALL BE THE LESSER OF ACTUAL DAMAGES INCURRED BY YOU OR $10.00. OC IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY, ARISING OUT OF, OR RELATING TO, YOUR USE OR MISUSE OF THE JETHEART SERVICES OR THE CONTENT.
No claim arising out of or relating to your use of the JetHeart Services, or any Content, may be brought following one (1) year after the date the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You will indemnify us and agree to hold us, and our owners, employees, and agents, and their respective successors and assigns, harmless from any and all damages, losses and costs (including, without limitation, attorneys’ fees) related to third party claims, charges or investigations, arising out of or relating to (a) your use of any of the JetHeart Services; (b) your failure to comply with these Terms including, without limitation, any Content you submit that violates third party rights or applicable laws; (c) our use of your Content; (d) your use or reliance on any Content posted on the JetHeart Services, (e) any disclosure of any Content you may have uploaded to the JetHeart Services, (f) any inaccuracy, incompleteness, and failure to provide an Invitation; (g) any item for which these Terms allocate responsibility to you, or (h) any activity in which you engage on or through the JetHeart Services including, without limitation, any personal injury cause by the negligence, recklessness or intentional misconduct of you or any other individual or entity involved in any Experience for which you have provided an Invitation.
14. Controlling Law and Jurisdiction
Subject to the section below titled “Dispute Resolution”, you expressly agree that exclusive jurisdiction for any dispute with OC, or in any way relating to or arising out of your use of any of the JetHeart Services, resides in the courts of the County of Los Angeles, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving OC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles or the United Nations Convention on the International Sale of Goods. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Dispute Resolution
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
You agree that any and all disputes, claims or controversies arising out of or related to the JetHeart Services or these Terms, including any claims under any statue or regulation (“Claim”), shall be resolved by binding arbitration between you and OC. Any arbitration under these Terms shall be administered by the American Arbitration Association (“AAA”) and pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, except as modified by this section and will be conducted in the County of Los Angeles, State of California, United States of America. English shall be the official language of these Terms. All proceedings shall be conducted in English, and all documentary evidence shall be translated into English and shall be deemed to be controlling for the purposes of any dispute resolution proceeding.
Disputes shall be arbitrated on an individual basis. There shall be no right to or authority for any dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. The arbitrator’s authority to resolve disputes and to make awards is limited to disputes between you and us alone and is subject to the Limitations of Liability set forth in these Terms. Should any portion of this paragraph be stricken from these Terms or deemed otherwise unenforceable, then this entire Dispute Resolution section shall be stricken from these Terms.
Notwithstanding the modification provisions of these Terms, if OC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of OC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and OC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
16. Entire Agreement
These Terms, and any terms contained on the Website, constitute the entire and exclusive understanding and agreement between OC and you regarding the JetHeart Services including, without limitation, the Content. In the event of any conflict between these Terms and any terms or notifications contained on the Website, the terms of these Terms will control. In the event of any conflict between the terms of these Terms and any terms specific to a particular Experience, the terms specific to the particular Experience will control as to that Experience. These Terms supersede and replace any and all prior oral or written understandings or agreements between OC and you regarding the JetHeart Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without OC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms in your Account, will be in writing and given by OC: (i) via email (in each case to the address that you provide when opening your account); or (ii) by posting to the screen following the login screen when you access the JetHeart Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of OC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
20. Contacting OC
If you have any questions about these Terms, please contact us at [email protected].