As of March 2018
These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By using the Services you agree to be bound by these Terms. Please read them carefully.
Who May Use the Services.
You may use the Services only if you agree to form a binding contract with Jumptuit and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Using our Services.
You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These Terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
I. How we collect information
We collect information in three basic ways:
We collect information that you voluntarily provide to become a registered User of our Services, and when you use certain aspects of our Services including your name or contact information including mailing address, phone number, or email address (e.g., entering an email address to send an email from your Jumptuit account). We also collect your payment (i.e., credit card) information for “premium” users.
We collect information when you register to join Jumptuit by logging into an account that you already have with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook and Twitter) via our Services. For example, our Services allows you to create an account and login to the Services using your Facebook account credentials through Facebook Connect. If you are not currently registered as a User on the Services and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join Jumptuit.
We collect information when you browse or use our Services, technological tools including "Log Data" and "Cookies", as explained below.
II. What information we collect and how we use it
Personal Information. When you register with us through the Services to become a registered user of Jumptuit, we will ask you for certain information about you that can be used to contact or identify you ("Personal Information"). Personal Information may include, but is not limited to, your name, gender, profile photo, free-form biography, location/hometown, website and email address. If you decide to create your user account by logging into a SNS via the Services, you are using the Personal Information you have already provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) to create your user account on our Services; the information we collect may depend on the privacy settings you have with the SNS, so please consult the SNS's privacy and data practices.
Non-Personal or Non-Identifying Information. We also collect other information that you provide as part of registration and the operation and personalization of your boards on Jumptuit that cannot reasonably be used to identify or contact you (e.g., without limitation, age and individual preferences) ("Non-Identifying Information"). Examples of Non-Personal Information we collect, use and share include the IP address you use to connect your Jumptuit account, your zip code, the online services you visit, as well as information about your devices such as MAC addresses, product model numbers, hardware and software versions, chipset IDs, and region and language settings. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified or contacted. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). We may collect, use, transfer, and disclose Non-Identifying Information for any purpose, consistent with the terms expressed in our policies.
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Jumptuit users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Communications. We use your Personal Information to contact you with Jumptuit newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information in your account settings. (See "Your choices regarding information," below.)
Customer service. We use your Personal Information to respond to your questions and/or inquiries.
Finding friends. You also have the option to import your personal contacts (including email addresses of friend lists via SNS) to the Services so that you can find your friends on the Services, and your friends can find you on the Services.
Emailing via a Jumptuit Account. As part of the Services, users may communicate with other registered and non-registered users through use of their Jumptuit accounts. Where users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Jumptuit to those email addresses on their behalf.
Mobile Software. Our mobile software allows Jumptuit users to access and use the Services from their mobile devices. Through the use of the mobile software, you also have the option to identify the location of user content that you wish to upload to your Jumptuit account. Under certain circumstances (e.g. any malfunction of the mobile software), we will also receive information about your mobile device model, software version and device carrier, which would, allows us to identify and fix problems and otherwise improve the performance of our mobile software.
Log Data. As is true of most internet services, we gather some information automatically and store it in log files. When you visit the Services, whether as a registered User or a non-registered User just browsing, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Services, pages of our Services that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. We may use this information to monitor and analyze usage trends by users of the Services, for the technical administration of the Services, to assess and implement changes to the functionality of the Services, and to better tailor our Services to the needs of our users. For example, some of this information is collected so that when you visit the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Services meet the criteria required to process their requests.
Location-Based Services. Jumptuit and our partners and licensees may collect, use, and share precise location data, including embedded and real-time geographic location of your device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Jumptuit and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.
III. Sharing of your information
Jumptuit Users. When you register through the Services and submit Personal Information to create a profile or visual collection, other Jumptuit users will see your name. If you choose to provide additional Personal Information in your profile, Jumptuit users will also see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with other Jumptuit users. We recommend that you guard and refrain from disclosing any information you consider sensitive and confidential.
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data to third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Jumptuit Service Providers. We may employ third party companies and individuals to facilitate the distribution of the Services, to provide the Services directly to its users or customers, to perform Services-related activities (e.g., maintenance services, database management, web analytics and changes to the features or functionality of the Services) or to assist us in analyzing how our Services is used. We may share Personal Information and Non- Personal Information with these service providers to assist them in these tasks. These third parties will have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Social Networking Sites (“SNSs”). We may share the information in your Jumptuit account (including your Personal Information) with the SNSs that you have linked to your Jumptuit account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Services) and not for other purposes.
Social Media Accounts. We allow Users to link their Social Media accounts (e.g. Facebook, Twitter, Google+, Linkedin, etc.) to the Services. Users can then post recent activity on the Services back to their Social Media accounts. You will be prompted to decide whether or not your activity on the Services will be shared and disclosed on your Social Media account(s). You can disable the foregoing feature at any time by logging into your profile and selecting the option to disable any or all of your Social Media accounts. Further, you may be able to edit your privacy settings for the content that you post which appears on the account by making selections in your "Edit Profile" settings via the Services.
Compliance with Laws and Law Enforcement. Jumptuit cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect our property and rights or the property and rights of any third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity or otherwise in violation of the Jumptuits Terms of Service.
Business Transfers. Jumptuit may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.
IV. Your choices regarding information
You have several choices regarding the use of information on our Services:
Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information in your account settings
Cookies. If you decide at any time that you no longer wish to accept cookies from the Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all the functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Jumptuit account, then you may de-link the SNS account in the "preferences" section in your account settings.
Changing or Deleting Your Information. All users may review, update, correct or delete the Personal Information in their user account (including any imported contacts) by contacting us or by editing their profile on the Services. If you completely delete all of your Personal Information, then your user account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. (For more information on how to control your user content on the Services, including information regarding the use and storage of your user content, please see the "Sharing Your Content" section in our Terms of Services.)
V. Links to other sites and Jumptuit Services
Our Services contains links to other third-party websites and online Services. If you choose to visit another website or online Services by clicking on a link, you will be directed to that third party's website or online Services. The fact that we may link to a website or online Services is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.
VI. How we store and protect information
Information Security. We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through the Services. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons.
Phishing. Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.
Breach Notification. We will use commercially reasonable efforts to make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Services without unreasonable delay, taking into account, among other things, (a) the legitimate needs of law enforcement or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
VII. Our policy towards children's information
These Services are not directed to children under 13. However, Jumptuit recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Your Content in our Services.
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give Jumptuit (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. The Service may offer you ways to access and remove content that has been provided to that Service.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Jumptuit Account, we may display your Profile name, Profile photo, and actions you take on Jumptuit or on third-party applications connected to your Jumptuit Account in our Services. We will respect the choices you make to limit sharing or visibility settings in your Jumptuit Account. However, Jumptuit may only be as limiting as either your settings in Jumptuit or the third-party application connected to your Jumptuit Account.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Jumptuit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Jumptuit as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Jumptuit, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Jumptuit is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
Ending Your Service
You may stop using our Services at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE JUMPTUIT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Jumptuit make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Jumptuit or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUMPTUIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUMPTUIT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID JUMPTUIT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT JUMPTUIT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If there is a conflict between these Terms and the revised terms, the revised terms will control for that conflict.
These Terms control the relationship between Jumptuit and you. They do not create any third party beneficiary rights.
The laws of the State of New York, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Jumptuit. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Jumptuit’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.