Updated: November 2022
These terms of service (these “Terms”) govern your use of GetJar, a service that allows you to download and review mobile applications and distribute your own mobile applications to others, offered to you by Spigot, Inc. (“we”, “us”, or “our”). These Terms are a legally binding agreement between you and us. WE OFFER OUR SERVICES TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION OR EXCEPTION. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES.
1) Certain Definitions
"GetJar Services" means all services and resources made available or enabled through the GetJar Site or by Spigot Inc., including download areas, developer tools services, product, review, and other information services, and communications services such as e-mail, blogs, and other message or communication facilities, but excluding Third Party Services and Your Services.
"GetJar Materials" means Materials made available or enabled through the GetJar Site or by GetJar but excluding Third Party Materials and Your Materials.
"Materials" means all communications, content, data, documents, files, images, information, music, software, sound, suggestions and feedback, text, tools, videos, webcasts, and works of authorship.
"Your Materials" means Materials posted on the GetJar Site by you; "Your Sites" means web sites and pages owned or operated by you; and "Your Services" means all services and resources made available or enabled through any of Your Sites.
2) GetJar Site, GetJar Services and GetJar Materials
You may use the GetJar Site, GetJar Services, and GetJar Materials only in accordance with these Terms. To access and use certain GetJar Services, you may be required to agree to certain additional terms and conditions. These additional terms and conditions include, but are not limited to:
GetJar Services for Developers: Developers Addendum
Those terms and conditions become a part of these Terms on the date you access the relevant GetJar Service.
We exclusively own the GetJar Site, GetJar Services, and all GetJar Materials. While we endeavor to provide useful, accurate, and up-to-date services, we do not guarantee the accuracy of any information on or relating to the GetJar Site, GetJar Services, or GetJar Materials.
Except as authorized by us in writing, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes, or create derivative works based on, the GetJar Site, GetJar Services, or GetJar Materials, in whole or in part. Additionally, you acknowledge and agree that you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate or out of date. You agree to bear all risks associated with the use of the GetJar Site, GetJar Services, and all GetJar Materials, including exposure to such content through use of the GetJar Site, GetJar Services, or GetJar Materials. If you do not like or find anything relating to the GetJAr Site, GetJar Services, or GetJar Materials, your sole remedy is to immediately cease your use or access of the same.
3) Your Materials, Your Sites and Your Services
We do not claim any ownership rights in or responsibility for any of Your Materials. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or through the GetJar Site, GetJar Services, or GetJar Materials. After posting Your Materials, you continue to retain all ownership rights in Your Materials, remain responsible for, and continue to have the right to use and license Your Materials separate from the GetJar Site in any way you choose. You hereby grant to us and our Affiliates an irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, distribute, create derivative works of, transfer, transmit, publicly display, display, publicly perform, distribute, publish, and exploit in any manner any and all of Your Materials that you provide to us or upload or transmit to or through the GetJar Site for the purposes of (i) pursuing our business interests, (ii) distributing Your Materials, either electronically or via other media, to third parties seeking to download or otherwise acquire it, or (iii) storing Your Materials in a remote database accessible by third parties. This license shall apply to the distribution and storage of Your Materials in any form, medium, or technology now known or later developed. This license does not apply to any mobile applications that you license to us under the Developers Addendum.
4) Your Conduct
(1) Eligibility. You may not access or use the GetJar Site or access or use any Materials, services or sites available on or accessible through the GetJar Site if you are unable to form a binding contract with us.
(2) You may not access or use the GetJar Site or access or use any Materials, services or sites available on or accessible through the GetJar Site, to do any of the following:
- collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
- use or attempt to gain access to or use another's account, password, GetJar Service, Materials or computer systems or networks connected to any GetJar server or to the GetJar Site without authorization from GetJar, whether through hacking, password mining or any other means;
- remove from any Materials posted on the GetJar Site or falsely add to any Materials uploaded to the GetJar Site, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Materials;
- access or attempt to access any Materials on the GetJar Site that you are not authorized to access or any Materials through any means not intentionally made available through the GetJar Site or GetJar Services;
- make available any files containing GetJar Materials or Third Party Materials where you have not received the necessary licenses to, or all rights (including all intellectual property rights) in and to such GetJar Materials or Third Party Materials, as applicable;
- use any Materials posted on the GetJar Site in any manner that violates or infringes any rights (including any intellectual property rights) of any other person;
- disrupt or interfere with the security of, or otherwise cause harm to, the GetJar Site, or any services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the GetJar Site or any linked sites;
- transmit unsolicited or bulk communications to any GetJar account holder or to any getjar.mobi or affiliated e-mail address or use the GetJar Site as a return address for unsolicited commercial mail originating elsewhere;
- post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
- create a false identity for the purpose of misleading others;
- download any Third Party Materials posted on the GetJar Site that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
- disrupt, interfere or inhibit any other user from using and enjoying the GetJar Site, any Materials or services accessible through the GetJar Site, or Third Party Sites linked from the GetJar Site;
- breach any license terms, guidelines or other codes of conduct applicable to a particular Material or service accessible through the GetJar Site or a particular Third Party Site linked from the GetJar Site;
- violate any applicable laws or regulations related to the access to or use of the GetJar Site, or engage in any activity prohibited by these Terms;
- post or otherwise submit any topic, name, Material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
- prepare, compile, use, download or otherwise copy any GetJar Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- violate the rights of GetJar or any third party (including other users' rights) or abuse, defame, harass, stalk or threaten another; or
- use any GetJar domain name as a pseudonymous return e-mail address;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from GetJar and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
5) Third Party Materials, Third Party Sites and Third Party Services
Certain Materials from third parties (including other users) ("Third Party Materials") may be downloaded from or displayed on the GetJar Site. Links to certain sites and services from third parties ("Third Party Sites" and "Third Party Services," respectively) may be provided on the GetJar Site. We do not investigate, monitor, or review any of these Materials, sites, or services, and we are not responsible for any of them or any terms and conditions that may apply to them. If we include, link to, or permit use of any of these third-party Materials, sites, or services, that does not imply approval or endorsement by us, and if you decide to install or use any of them, you do so at your own risk.
Your communications or dealings with third parties (including advertisers and providers of mobile applications) found on the GetJar Site or through the GetJar Services, including delivery of related goods or services, and any terms and conditions associated with those dealings, are solely between you and the third party. You agree that GetJar is not responsible or liable for any loss or damage of any kind incurred as a result of any of those communications or dealings or as a result of the presence of any third party on the GetJar Site.
You should be aware that certain Materials presented to you on the GetJar Site, including but not limited to advertisements and sponsored content within Third Party Materials, Third Party Sites, and Third Party Services, may be protected by intellectual property rights which are owned by the developers, sponsors or advertisers who provide those Materials, or access to those Materials, to GetJar (or owned by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, decompile, reverse engineer, or create derivative works based on such Materials (either in whole or in part), including but not limited to any such Materials downloaded by you, unless you have been specifically told that you may do so by GetJar or by the owners of those Materials, in a separate written agreement. In addition to these Terms, you agree to comply with any license or other restrictions imposed by the third-party provider of Materials, sites, or services that you download or access from the GetJar Site.
6) Account, Password and Security
To access or use certain GetJar Services you may be required to register and obtain an account on the GetJar Site. You will receive (or choose) a password upon completing any such registration process. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account. You agree to (1) immediately notify us of any unauthorized use of your account or any other breach of security and (2) ensure that you fully exit from your account at the end of each session. We will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account (unless such use is directly caused by our gross negligence).
8) Compliance with Law
You agree to comply with (1) all applicable laws regarding your online conduct and Your Materials and (2) all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside (or the country of which you are a national). Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the GetJar Site, GetJar Services, or GetJar Materials.
You hereby agree to indemnify, defend, and hold harmless (1) us, (2) our Affiliates and partners, (3) our officers, employees, and agents, (4) the officers, employees, and agents of our Affiliates and partners, and (5) other users from and against any and all loss, cost (including reasonable attorneys' fees), liability, damage, and expense arising from or relating to: (i) any claim or demand made by any third party arising out of or related to your use of the GetJar Site; (ii) any Materials, services, or sites, available on or accessible through the GetJar Site; (iii) your connection to the GetJar Site; (iv) Your Materials; (v) Your Sites; (vi) Your Services; (vii) your violation of these Terms; or (viii) your violation of any rights of a third party. "Affiliates" are parent companies, subsidiaries, joint ventures, or other companies under common control. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
10) Modification and Termination
You agree that we may, in our sole discretion, terminate your access to or use of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site (including your account (if any) or any portion of your account (including your password)), and remove and delete any of Your Materials or any links to Your Sites or Your Services within the GetJar Site, for any reason or no reason. GetJar may also in its sole discretion and at any time modify or discontinue providing, temporarily or permanently, the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, or any parts of the foregoing, with or without notice.
You agree that GetJar will not be liable to you or any third party for any such modification or termination of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, or removal or deletion of Your Materials or any links to Your Sites or Your Services within the GetJar Site.
11) Disclaimer of Warranties; Limitation of Liability
We, and our Affiliates disclaim (1) any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material; (2) any responsibility for any harm resulting from downloading or accessing anything through the GetJar Site, the GetJar Services, or the GetJar Materials; and (3) any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the GetJar Site, GetJar Services, or GetJar Materials, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, pandemics, or the destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THE GETJAR WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OR AVAILABLE THROUGH THE GETJAR SITE, GETJAR SERVICES, OR GETJAR MATERIALS.
WE DO NOT WARRANT THAT THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, ARE ERROR FREE. YOUR USE OF THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES IS AT YOUR SOLE DISCRETION, RESPONSIBILITY, AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS, USE, AND DOWNLOAD OF ANY SUCH MATERIAL. THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GETJAR AND EACH DEVELOPER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR PARTNERS, PROVIDERS, OR USERS MAKE ANY WARRANTY THAT (1) THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE WILL MEET YOUR REQUIREMENTS, (2) THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR OUR PARTNERS, AFFILIATES, OR OPERATORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GETJAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (i) THE USE OF OR INABILITY TO USE THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER, (iii) LOSS OR DELETION OF ANY OF YOUR MATERIALS, OR (iv) ANY OTHER MATTER RELATING TO THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12) Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PROVISIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
13) Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and made accessible through the GetJar Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent notice of the claims through email at firstname.lastname@example.org
Be advised that under 17 U.S.C. 512(f), knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, you may be subject to heavy civil penalties. These penalties include monetary damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider who is injured by your misrepresentation. Any copyright infringement claims notice MUST include at least (1) proper identification of the allegedly infringing material or to be the subject of the allegedly infringing activity along with a demand that such allegedly infringing material be removed or access disabled, along with sufficient information for the Company to adequately locate the material; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Service are covered by a single notification, a representative list of such works available at that Service; (3) a statement that you have 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; (4) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (5) information reasonably sufficient to permit Company to contact you, such as address, phone number, and, if available, an email address at which you may be contacted; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed work (the “Notice Requirements”). If the Notice Requirements are not met, the Company may disregard the notice pursuant to 17 U.S.C. 512(c)(3).
To the extent we remove your materials as a result of the complaints of another pursuant to this Section 2, we may notify you of this fact and will provide you with the email address of the complaining party so that you may attempt to resolve the issue. You may object to such determination by writing to our designated agent, which must contain the following information pursuant to 17 U.S.C. 512(g)(3), (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, and phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.
14) Updates to these Terms
15) Communications to You
You understand and agree that by utilizing the GetJar Site, the GetJar Services, or the GetJar Materials, you agree to receive communications from us, including emails, push notifications, text messages, and other forms of communications, regarding our Services and other third-party business offerings. You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving communications from us via email, please email us at email@example.com or click on the “unsubscribe” link at the bottom of any communication you receive from us. Please be aware that we do not and cannot control the policies of any third parties who distribution any communications to you.
IF YOU ARE DISSATISFIED WITH THE GETJAR SITE, GETJAR SERVICES, OR GETJAR MATERIALS, IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS, THE GETJAR SITE, THE GETJAR SERVICES, OR GETJAR MATERIALS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF, OR ACCESS TO, THE GETJAR SITE, THE GETJAR SERVICES, OR GETJAR MATERIALS.
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the GetJar Site, GetJar Services, or GetJar Materials through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall by arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami-Dade County, Florida, U.S.A., and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida, U.S.A., necessary to protect the rights or the property of you or Spigot, Inc. (including our Affiliates, suppliers, and subcontractors), pending the completion of arbitration.
The failure of GetJar to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The term "including" means "including without limitation."
17) Contacting GetJar
If you have any questions about these Terms or any additional terms incorporated in these Terms as stated above, you may contact us at firstname.lastname@example.org.