Terms of Use
THIS MOBILE APPLICATION, JackRaffit (the "App" or "Site"), is owned and operated by JackRaffit, Inc. ("JackRaffit", "we", "us" or "our"). This App along with a software application for multiple device platforms (the "App"), enables a variety of innovative features designed to assist a host or operator of an existing raffle to administrate said existing raffle in a more efficient manner, together with any other products and services provided by JackRaffit, are collectively referred to as the "Service"). We are pleased to offer you access to the Service conditioned on your acceptance without modification of the following Terms of Use (the "Terms") and the End User License Agreement made available to you in connection with your use, download and/or installation of the App (the "EULA"). PLEASE READ THE FOLLOWING TERMS, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND JackRaffit. BY ACCESSING OR BROWSING THE SITE, DOWNLOADING OR INSTALLING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT USE THE SERVICE. By using the Site or the Service you signify that you are of legal age to form a binding contract.
Eligibility to Use our Service
You may not use the Site and the Service if (a) you are not of legal age to form a binding contract with JackRaffit, or (b) you are a person barred from using the Site or the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Site and/or the Service. Subject to applicable law, JackRaffit may, in its sole discretion, refuse to offer the Site and the Service to any person or entity and change its eligibility criteria at any time. Further, JackRaffit exists as a third-party to assist the operator of a raffle. JackRaffit shall only be used as a tool to operate an efficient raffle platform by a raffle operator who is in compliance with any and all local, state, and federal laws relating to the subject matter and administration of such a raffle. AS A MATERIAL PORTION OF THE TERMS OF SERVICE ,Users of JackRaffit hereby agree and confirm that they are licensed and eligible to conduct a raffle, and have researched all licensing and compliance procedures and are in conformity with said licensing and compliance requirements and/or regulations. Users agree not to hold JackRaffit liable or responsible for the failure of any raffle operator using JackRaffit to be properly licensed and/or qualified to administer a raffle, and You, as user, hereby agree to indemnify and/or hold harmless JackRaffit from any claims whatsoever relating to licensing and/or eligibility to administer a raffle.
Registration to the Service
a. If you are using or opening an account on the Service on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to the Terms, and you hereby agree to be bound by the Terms on behalf of such Subscribing Organization. b. You agree that the information you provide to JackRaffit on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you may be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. c. Subject to your ongoing compliance with the Terms, including the Privacy Policy, EULA and all applicable restrictions, requirements, and prohibitions, JackRaffit grants you permission to access and use the Service as set forth in these Terms, and consistent with the intended features of the Service.
Electronic Communications
When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User Postings
The Service provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation written comments, information, data, text and literary works, photos, software, graphics, in static or interactive feature, video, audio clips, sound recordings or any other content provided or otherwise made available by you or other users through the Service ("User Postings"). The Service further provides for the hosting, sharing, reproduction, distribution, public performance, public display and creation of derivative works of such User Postings. JackRaffit does not guarantee that any User Postings will be made available through the Service. You acknowledge that JackRaffit cannot guarantee any anonymity or confidentiality with respect to any User Postings that it is strongly recommended that you carefully choose your User Postings. You further acknowledge that all User Postings are provided for free and are the sole responsibility of the person from whom such User Posting originated. This means that you, and not JackRaffit nor any of its affiliates, are entirely responsible for all User Postings that you upload, post, transmit or otherwise make available through the Service. You shall be solely responsible to back up any User Postings before using it by means of the Service.
Inaccurate or Offensive User Postings
You acknowledge that JackRaffit does not pre-screen, approve, monitor or control User Postings. You understand that when using the Service, you may be exposed to User Postings from a variety of sources, and that JackRaffit does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Postings. You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST JackRaffit WITH RESPECT THERETO. ANY USE OR RELIANCE ON ANY CONTENT POSTED THROUGH THE SERVICE OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK. JackRaffit reserves the right, in its sole discretion, to refuse to allow any User Postings on the Service, or to edit or remove any User Postings at any time with or without notice.
User Postings Representations and Warranties
You are solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and warrant that: (i) you own or have all necessary rights and permissions to use and authorize JackRaffit and users of the Service to use all intellectual property rights in and to any User Postings, and to enable inclusion and use thereof in connection with the Service without requirement to obtain a license from or paying fees or royalties to any third party; (ii) your User Postings and use thereof by means of the Service do not (a) infringe or misappropriate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation;
License Grant to JackRaffit
You retain all your ownership rights in original aspects of your User Postings. By submitting User Postings to JackRaffit, you hereby grant JackRaffit and its affiliates, sublicensees, partners, designees, and other users of the Service a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, host, share, publicly perform, publicly display, edit, delete, modify, reformat, translate and prepare derivative works based upon such User Postings, and/or otherwise exploit your User Postings including your trademarks and logos included therein in connection with the Service and/or JackRaffit's (and its successor's) business, including, without limitation, in connection with marketing promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called "moral rights" or attribution with respect to your User Postings. You further grant each user of the Service a non-exclusive license to access your User Postings through the Service and to use it in accordance with this Agreement.
Prohibited Conduct
By using our Service you undertake not to take any action that; or download, upload, submit, post, or otherwise distribute or facilitate distribution of any User Postings or other content on or through the Service that: a. is unlawful, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, violent, offensive, contains sexually explicit materials, or otherwise inappropriate, as JackRaffit may determine in its sole discretion; b. infringes or misappropriates any intellectual property rights or proprietary right of any third party; c. violates right of publicity, privacy or other right of any person or entity, or any law or contractual obligation. d. offers or promotes illegal services or activities; e. contains any harmful or malicious software, spyware or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of JackRaffit, its users, or any other individual or entity; f. constitutes unauthorized or unsolicited advertising, "junk" or bulk email; g. impersonates any individual or entity, including, without limitation, employees or representatives of JackRaffit. Without the prior written permission of JackRaffit, you may not display or broadcast the User Postings or any other content provided on the Service on any third party screen, broadcast media, or public display screen or monitor. Whenever you make use of a feature that allows you to provide comments to User Postings, share content, add links, upload content to the Service or to interact or share content with other users, you must comply with the conditions set forth herein and with those published by the websites upon such content is displayed (Facebook, Twitter etc.).
Indemnity
UNDER NO CIRCUMSTANCES WHATSOEVER WILL JackRaffit OR ANY OF ITS SUPPLIERS OR AFFILIATES BE LIABLE IN ANY WAY FOR ANY ACTIONS BY RAFFLE HOSTS, CONTENT AND USER POSTINGS, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT AND/OR USER POSTINGS. You shall indemnify, defend, and hold harmless JackRaffit and its suppliers and affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys' fees and other legal expenses, arising from a third-party claim due to or arising out of any content you submit, post to or transmit through the Service. JackRaffit shall make reasonable efforts to notify you of any such claim made against it.
Changes to the Terms
JackRaffit may, in its sole discretion, make changes to these Terms, from time to time with or without notice to you. Each time changes are made to these Terms, a revised version of these Terms, will be posted on this page. You can determine when the Terms were last modified by checking the "Last updated" notice on the top of the Terms. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.