End-User License Agreement
You acknowledge that the App and any other software and related documentation that may be available to download through the Service is the copyrighted work of JackRaffit. You agree that the use of the App and any such software is governed by the terms of the EULA which accompanies or is included with the App and/or other software.
Your Friends and Contacts
The Site, the Service and the content therein are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Service and the Site are and shall remain our exclusive property or of our licensors. Nothing in this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by JackRaffit.
Suggestions and Feedback
It is understood that you may, at its sole discretion, provide JackRaffit with suggestions and/or comments with respect to the Service ("Feedback"). You represent that you are free to do so and that you shall not knowingly provide JackRaffit with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to JackRaffit. It is further understood that use of Feedback, if any, may be made by JackRaffit at its sole discretion, and that JackRaffit in no way shall be obliged to make use of any kind of the Feedback or part thereof.
Compliance with laws
The administration of a raffle and access or use of the Internet or of certain websites may be prohibited in certain territories and/or certain restrictions may apply to you in such territories. Don't use JackRaffit to administer your raffle or access this Site, if such access is prohibited under law applicable to you. You agree that your use of the Site and Service shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.
Links to Other Websites
THE SERVICE AND ANY SOFTWARE PROVIDED BY JackRaffit ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JackRaffit DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE REGARDING THE SERVICE OR ANY CONTENT YOU DOWNLOAD OR USE BY MEANS OF THE SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND ANY CONTENT (INCLUDING USER POSTINGS) MADE AVAILABLE THROUGH OR ON THE SERVICE REMAINS SOLELY WITH YOU. JackRaffit DOES NOT WARRANT THAT THE SERVICE, THE APP OR ANY CONTENT OR SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
IN NO EVENT SHALL JackRaffit's LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS OR USE OF THE SERVICE OR ARISING FROM ANY CLAIM BY ANY OTHER PARTY EXCEED THE FEES PAID BY YOU FOR THE SERVICE, IF ANY, EVEN IF JackRaffit HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, IN NO EVENT WILL JackRaffit BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT JackRaffit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree that JackRaffit, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with JackRaffit or use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. JackRaffit may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that JackRaffit will not be liable to you or any third party for any such termination. Without limiting the generality of the foregoing, JackRaffit does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies JackRaffit may have at law or in equity. You may terminate your account and your right to use the Service at any time and for any reason or no reason.
Governing Law; Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey and only the competent courts in the US shall have jurisdiction over any dispute arising from these Terms. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over JackRaffit, either specific or general, in jurisdictions other than US.
Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the US Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JackRaffit to locate the material; (iv) Information reasonably sufficient to permit JackRaffit to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Service hereunder is offered by JackRaffit. JackRaffit may be contacted by sending a letter to the address set forth above or by email to firstname.lastname@example.org