Terms and Conditions
Last updated: February 3rd, 2019
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with mobile applications (the “Service”) operated by Junipero Studios Inc. Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our mobile applications (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Creating an account:
To be able to use our mobile applications, you will have to register for an account (“Account”). In order to create an Account you must:
- Have a Facebook account
- Be at least 18 years old
- Be legally permitted to use the App by the laws of your home country.
Also, we cannot allow you to use any other person’s Account without their permission.
Third party stores and in-app purchase regulations
Our mobile applications are dependent on and/or interoperate with third-party owned and/or operated platforms and services such as Apple Inc., Google, Facebook, Twitter, etc. and may require you to be a registered member of one of these third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of any of these third Party Platforms.
Our mobile applications make certain products and/or services available to end users in consideration of a subscription fee or other one time fees, such as the ability to purchase services, products or more functionality. If you choose to use any of these services or make in-App purchases, you understand and agree that further terms may apply to your use of, access to and purchase of such services and in-App products, and such additional terms are incorporated herein by reference.
You may purchase additional services and In-App Products through the following payment methods: 1) purchasing through the Apple App Store ®, Google Play or other mobile or web application platforms or any storefronts authorized by us (“Third Party Store”), 2) paying with the following payment methods: your credit card, debit card, or PayPal account, which will be processed by a third party processor.
Once you have requested an additional service or In-App Product, you authorize us to charge your chosen Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Payment Method, you agree to promptly pay any amount due upon request by us. Your subscription to Junipero Studios Inc. services will automatically renew until you decide to cancel your subscription in accordance with such terms.
In case of a conflict between a Third Party Store’s terms and conditions and the Terms provided here, the terms and conditions of the Third Party Store or service provider shall govern. We do not accept any responsibility or liability for services obtained by you through the Third Party Stores.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using such as Android or Apple (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Service and/or In-App Product according to the terms disclosed to you at the time of purchase, as well as the terms applicable to all other in-app purchases made through your Mobile Platform Account. Services and In-App Products may include one-time purchases as well as monthly subscriptions. At the end of the free trial period (if any), you will be charged the subscription fee and will be continually charged until the time you cancel your subscription. Your subscription will automatically renew on a monthly basis after the initial subscription period ends.
To avoid any charges for additional periods, you must cancel your subscription before the end of the free trial period or subscription period or renewal, as applicable, in accordance with the terms and conditions any applicable Third Party Store. The pricing may vary due to many factors, such as promotional offers, loyalty bonuses and other discounts.
Please note that for Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any errors in payment processing such as but not limited to card processing, identity verification, analysis and regulatory compliance, fees or other service-related issues, also including issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores.
In addition, Junipero Studios Inc. Inc. does not guarantee that any product descriptions or other content and products will be available, complete, accurate, current, reliable or error-free. Descriptions and images of, and references to, products or services, including paid Services or In-App Products, do not imply our or any of our affiliates’ endorsement of such products or services. Moreover, Junipero Studios Inc. Inc. and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change the descriptions of any products, images, and references, to limit the available quantity of any product, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions or to bar any user from conducting any or all transaction(s) and/or to refuse to provide any user with any product. If we decide to terminate your use of or registration to the App because you have breached any of these Terms, you will not be entitled to a refund of any unused portion of any fees, payments or other consideration. We highly encourage you to review the terms and conditions of the applicable third party payment processors and Third Party Store or Mobile Platform Accounts before making any In-App Products or paid Service purchases.
Push notifications and location-based features
We may provide you with emails, push notifications, alerts or texts and other messages related to the App and our services, such as news, offers, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the App, you may opt out by changing your notification settings on your mobile device. Considering other types of communications, such as emails, texts, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information if required.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Junipero Studios Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Junipero Studios Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Junipero Studios Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Junipero Studios Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Junipero Studios Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Junipero Studios Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Junipero Studios Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Junipero Studios Inc. on a case-by-case basis and granted in sole discretion of Junipero Studios Inc..
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Our mobile applications are public communities. Any content you upload will be visible to other users of the App worldwide right away. Therefore, you agree that Your Content can be viewed by all other users and any other person viewing the app, participating in it or who is sent a link to the App such as individuals who get a link to a user’s profile or shared content. By uploading Your Content to our application, you represent and warrant to us that you have all necessary rights and licenses to share this content, and automatically give us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way such as but not limited to, editing, modifying, adapting, incorporating into other works, use for advertising, distributing and making available to the general publish such Content, whether in whole or in part in any format or medium currently known or to be developed in the future.
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.
Content not allowed on this app:
There are restrictions on certain content on our app including content that:
- shows another person’s image or likelihood without their consent.
- in anyway relates to commercial activities such as but not limited to sales, links to any other websites or phone numbers, advertising and competitions or transmission of “junk” mail or “spam” messages.
- Promotes any illegal activities such as but not limited to, terrorism, racial hatred or content the submission of which in itself constitutes committing a criminal offence.
- is pornographic, could be deemed obscene or may offend human dignity, is abusive, threatening, insulting, or which promotes racism, hatred or discrimination.
- contains language which could be presumed offensive or could harass, embarrass or upset any other person or is libelous or defamatory.
- contains software that can be considered spy ware, malware, virus, adware, worm programs, malicious code intended to damage, interrupt or limit the functionality of or disrupt any other software or hardware or any other type of equipment, trojan horse, or any software designed to interfere with, intercept or expropriate data and/or personal information from this application or any other.
- could in anyway infringe any third party’s rights such as but not limited to intellectual property rights and privacy rights.
We reserve the right to terminate your account if any such content is uploaded to your account without any notice.
Other members’ Content
You can view and access other members’ content while using the app, however, you may not use their content for commercial purposes or to spam them or harass them, or to make unlawful threats against them. Again, we reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Junipero Studios Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Junipero Studios Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Junipero Studios Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
DIGITAL MILLENNIUM COPYRIGHT ACT
At Junipero Studios Inc. Inc we have adopted the following policy towards copyright infringement which is in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you are convinced any of our Members’ Content or Our Content infringes upon your intellectual property rights, you can submit a notification alleging such infringement, “DMCA Takedown Notice”, to us by emil to email@example.com.
The notification should include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identify the copyrighted work claimed to have been infringed. In case multiple copyrighted works are covered by a single notification, include a list of all works;
- Information reasonably sufficient to permit the service provider to locate the material such as a description of where the material is located on our Service.
- Information required to permit us to contact you, such as your address, telephone number, and email;
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, copyright owner’s agent, or the law; and finally,
- A statement by you that, under penalty of perjury, the information in the notification sent to us by you, is accurate and you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Junipero Studios Inc..
Junipero Studios Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Junipero Studios Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. If you need to leave, you can always delete your Account by accessing the ‘Settings’ page when you are logged in and clicking ‘Delete account’ button. Your account will be deleted immediately but it take a while for Your Content to be completely removed from our database. We will save your profile information in case you decide to restore your Account within thirty (30) days of de-activating your Account. Junipero Studios Inc. reserves the right at our sole discretion to suspend or terminate any Account, or make use of any means available to enforce the Terms at any time without liability and without the need for prior notice to any end users.
You agree to indemnify, defend and hold harmless Junipero Studios Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Junipero Studios Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Junipero Studios Inc. makes no guarantees, representations or warranties of any kind as regards the website, mobile applications and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Junipero Studios Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Junipero Studios Inc. chooses not to immediately act, or chooses not to act at all, Junipero Studios Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Junipero Studios Inc. does not waive any of its rights. Junipero Studios Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Junipero Studios Inc. Inc. has taken every reasonable steps to ensure the availability, correctness, currency and completeness of the information available on our mobile applications and provides that information on an “as is” and “as available” basis. We do not give or make any warranty or representation of any kind about the information available on our mobile applications, whether express or implied. You agree to use our mobile applications and the materials and information available on them at your sole risk. Junipero Studios Inc. Inc. can not be held responsible for any loss arising from the transmission, use of information, or inaccurate/wrong User materials.
Junipero Studios Inc. Inc. is not responsible for any damage to your digital equipment such as smart phones, computer hardware, computer software, or other equipment or technology such as, but not limited to, damages caused from any security breach or from any bugs, virus, Trojans, fraud, tampering, errors, omissions, interruptions in service, problems in transmission, or any other technical or non-technical malfunctions.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.