1.4 ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JIGSAW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2.1 You must be at least 13 years old to use the Service.
2.2 A “Zap”, “Zap Video”, “Zap Video Message”, “Zap Message”, “Zap Visual Message” or “Zap Realtime Visual Message” (collectively “Zap” or “Zaps”) are user generated Content created by you in conjunction with the Service.
2.3 You may not post, email, publish, text (collectively “post”) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Zaps or other Content via the Service.
2.4 You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Jigsaw prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Jigsaw upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
2.5 You agree that you will not solicit, collect or use the login credentials of other Jigsaw users.
2.6 You are responsible for keeping your password secret and secure.
2.7 You agree that you will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and that you will not post confidential information or private personally identifiable information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
2.8 You may not use the Service for any illegal or unauthorized purpose, including using the service if the Service is not permitted in your local territory. Accordingly, you agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below). You are responsible for understanding the laws regarding restrictions on Content you use with the Service including but not limited to (i) copyright law, (ii) defamation, and (iii) criminal content such as pornography, money laundering or drug trafficking.
2.9 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, Zaps, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. You represent and warrant that the Content you use with the Service is your original material or material that you have the rights to use with the Service.
2.10 You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Jigsaw.
2.11 You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka “spam”) to any Jigsaw or ZapVM users.
2.12 You must not create or submit malware with your Content or in any other way with the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may also not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user’s browser or device.
2.13 You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
3.0 APPLE SPECIFIC TERMS AND CONDITIONS
3.1 You acknowledge that this Agreement is between Jigsaw and you, only, and not with Apple; furthermore Jigsaw, not Apple, is solely responsible for the Service.
3.2 Further License Restrictions:
a) For Individuals– If you are an individual acting in your personal capacity, you may download and sync ZapVM provided by Jigsaw for personal, noncommercial use on any iOS Device you own or control.
b) For Commercial Enterprises, Governmental or Educational Institutions– If you are a commercial enterprise or governmental or educational institution, you may download and sync ZapVM provided by Jigsaw for use by either: a) a single individual on one or more iOS Devices used by that individual that you own or control, or b) multiple individuals, on a single shared iOS Device you own or control. For the sake of clarity, EACH iOS Device on which ZapVM is used serially by multiple users within Commercial Enterprises or Governmental or Educational Institutions requires a separate license.
3.3 Maintenance and Support: In addition to the above, Jigsaw is solely responsible for providing any maintenance and support services with respect to the Service, as specified in the herein, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
3.4 Warranty: Jigsaw, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for in-app purchases made by you via the Apple App Store; furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
3.5 Product Claims: Jigsaw, not Apple, is responsible for addressing any claims of you or any third party relating to the Service or the your possession and/or use the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
3.6 Intellectual Property Rights: You and Jigsaw acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Jigsaw, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to the limitations specified herein.
3.7 Legal Compliance: You must a) not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) not listed on any U.S. Government list of prohibited or restricted parties. Additional restrictions to which you must comply are contained in Section 13, below.
3.8 Developer Name and Address: You may send questions, complaints, or compliments related to ZapVM to:
Jigsaw Informatics, Inc.
555 Bryant St. #349
Palo Alto, CA 94301
Attention: ZapVM Support
Or send email to: email@example.com
4.0 GENERAL CONDITIONS
4.4 Jigsaw reserves the right to refuse access to the Service to anyone for any reason at any time.
4.5 Jigsaw reserves the right to compel forfeiture of any username for any reason.
4.7 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Jigsaw is not responsible or liable for the conduct of any user. Jigsaw reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Jigsaw expects users to act appropriately at all times when utilizing the Service, or engaging with other users of the Service.
4.8 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. The Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality may require you to login to your account on the third-party service. With or without a login to the third-party service, you use the third-party service at your own risk even if the Service facilitates, requires, or operates with the third-party service. Jigsaw does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Jigsaw is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
4.10 You agree that you are responsible for any charges, including data plan charges, you incur through use of the Service.
4.11 Jigsaw prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and Zaps (except as may be the result of standard search engine protocols or technologies used by a search engine with Jigsaw’s express consent), and you agree to abide by such prohibitions. Jigsaw is not responsible for un-authorized access that violates this provision.
5.2 Some of the Service may be supported by advertising revenue and/or may display advertisements and promotions, and you hereby agree that Jigsaw may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions is at Jigsaw’s sole discretion and is subject to change without specific notice to you.
5.3 You acknowledge that Jigsaw may not always identify paid services, sponsored content, or commercial communications as such, except as required by law.
5.5 The Service contains content owned or licensed by Jigsaw (“Jigsaw Content”). Jigsaw Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Jigsaw, Jigsaw owns and retains all rights in the Jigsaw Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Jigsaw Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Jigsaw Content.
5.6 The Service name and logo are trademarks of Jigsaw, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jigsaw. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Jigsaw, and may not be copied, imitated or used, in whole or in part, without prior written permission from Jigsaw.
5.7 The Service is the property of Jigsaw that is protected by intellectual property rights including, but not limited to copyright(s), pending patent(s), trademark(s), and trade secret(s). Except as expressly granted herein for your use of the Service, Jigsaw’s intellectual property rights in the Service are reserved to Jigsaw.
5.8 The Service and any Software or Documentation associated with the Service are comprised of commercial computer software and documentation developed exclusively at private expense by Jigsaw. For U.S. Government Use, the Licensed Materials are “Commercial Item(s),” as defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Software and Documentation is licensed to U.S. Government end users: a) only as Commercial Items, b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein, and c) use, duplication and disclosure of the Licensed Materials by or for the U.S. government is subject to the restrictions set forth in this Agreement. Unpublished-rights associated with the Licensed Materials reserved under the copyright laws of the United States. The Manufacturer of Record of the Licensed Materials is Jigsaw Informatics, Inc., 555 Bryant Street #349, Palo Alto, CA 94301.
5.9 Although it is Jigsaw’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Jigsaw reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Jigsaw, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Jigsaw encourages you to maintain your own backup of your Content. In other words, Jigsaw is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Jigsaw will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
5.12 It is Jigsaw’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Jigsaw does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Jigsaw is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
6.0 REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS OR CONTENT ISSUES
6.1 At Jigsaw, we respect other people’s rights, and expect you to do the same.
6.2 If you infringe other people’s Intellectual property rights, we reserve the right to disable your account without notice.
6.3 You are responsible for understanding laws regarding restrictions on Content you use with the Service including but not limited to (i) Copyrights, (ii) Defamation, and (iii) Criminal Content such as pornography, money laundering, piracy or drug trafficking.
6.4 If you are a content owner and you believe your Content has been misappropriated, you may request the Questionable Content be taken down (a “takedown”) by completing the email form located at www.zapvm.com/legal/takedownrequest.
a) Your Name
b) Your Address
c) Your Email Address
d) Your Phone Number
e) The ZapVM Link (URL) where the Questionable Content may be viewed
6.6 Please note that abusive or false reporting under Section 6.5 or otherwise is prohibited and that such abusive or false reporting may be grounds for termination of your account and/or other remedies available at law to Jigsaw and/or third parties.
7.0 DISCLAIMER OF WARRANTIES
7.1 THE SERVICE, INCLUDING, WITHOUT LIMITATION, JIGSAW CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JIGSAW NOR ANY OF ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “JIGSAW PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: a) THE SERVICE; b) THE JIGSAW CONTENT; c) USER CONTENT; OR d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JIGSAW OR VIA THE SERVICE. IN ADDITION, THE JIGSAW PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
7.3 BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE JIGSAW PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
8.0 LIMITATION OF LIABILITY; WAIVER
8.1 UNDER NO CIRCUMSTANCES WILL THE JIGSAW PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: a) THE SERVICE; b) THE JIGSAW CONTENT; c) USER CONTENT; d) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; e) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JIGSAW PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; f) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; g) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR h) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, MALWARE, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE JIGSAW PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE JIGSAW PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE JIGSAW PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR THE TOTAL AMOUNT OF FEES PAID TO JIGSAW BY YOU, WHICHEVER IS LESSER.
8.2 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JIGSAW’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE JIGSAW PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE JIGSAW PARTIES.
8.3 BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8.4 JIGSAW IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
10.2 You agree that you bring claims only on your own behalf and both you and Jigsaw agree that neither you nor Jigsaw will participate in class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought by a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Jigsaw is a party to the proceeding.
10.4 Jigsaw reserves the right to change this arbitration provision, but any such changes will not apply to disputes arising before the effective date of the amendment. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration provision will survive the termination of your relationship and any or all of your transactions with Jigsaw.
11.0 TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Jigsaw must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
12.0 GOVERNING LAW & VENUE
13.0 ENTIRE AGREEMENT
13.1 If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
14. TERRITORIAL RESTRICTIONS
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Jigsaw to any registration requirement within such jurisdiction or country. Jigsaw reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Jigsaw provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no Software from the Service may be downloaded, exported or re-exported: a) into (or to a national or resident of) any country to which the United States has embargoed goods; or b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any Software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.