INTRODUCTION.
The following Terms of Use (these “Terms of Use”) govern your (“you”, “your”, “user”) use of the products and services available at the website located at the URL watchjojo.com (the “Site”), which was created, and is controlled and operated by watchjojo. (“watchjojo”). As further described below, the Site features watchjojo‘s proprietary recommendation technology in its various forms (collectively, the “Service”) which may be used on the Site, or on your website or your affiliated websites via any software code that we may make available to you from time to time (such user is hereinafter, a “Partner”), used in accordance with these Terms of Use. By accessing this Site or using any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, then you may not access the Site or use the Service. Your right to use the Site and the Service is expressly conditioned upon your assent to all of these Terms of Use, to the exclusion of all other terms. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorised employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
MODIFICATIONS OF TERMS OF USE.
watchjojo reserves the right, at its sole discretion, to make minor changes to these Terms of Use at any time provided that these do no materially adversely impact you. You should come back and review these Terms of Use from time to time, as you are solely responsible for reviewing and becoming familiar with any such modifications. Continued use of the Service by you constitutes your acceptance of the Terms of Use as modified.
DESCRIPTION OF SERVICE.
The Service provides you with recommendations (“Recommendations”) for news articles, graphics, photographs, images, illustrations, software, audio clips and video clips (“Content”). Some Recommendations may consist of Content that our customers pay us to promote (“Promoted Content”). These Recommendations generate revenue (“Promotional Revenue”) for the Site from customers selected by watchjojo in its sole discretion. If you use the Service without registering on the Site, this Recommendation functionality will be automatically provided as part of the Service. If you register on the Site, you may control the settings for the Recommendation functionality, as described on the watchjojo Dashboard and in Section 6 below.
LICENSE OF Watchjojo SERVICE.
Grant of License. Subject to your full compliance with all of the terms and conditions of these Terms of Use watchjojo grants you a limited non-exclusive, revocable, nonsublicensable, nontransferable license to use (i) the Service; (ii) any application program interface or any other software code that we may make available to you from time to time provided by watchjojo (collectively, the “Code”); (iii) any watchjojo end-user documentation, solely when bundled with the Service; and (iv) any upgrades, updates and new versions of the Service, as further described below. Such license shall include the right to use any watchjojo intellectual property rights associated with or related to use of the Code, other matters related to the Service, and the watchjojo end user documentation, solely in connection with the use of the Service as explained in the FAQ.
Rights to Sublicense. Pursuant to Section 4.A. above, you shall have the right to: (i) contract consultants and contractors solely for the purpose of developing, manufacturing, testing, and supporting the use of the Services and the Code by you; and (ii) grant your end users sublicenses, subject to the provisions of Section 4.I below. Except as provided in this Section 4.B., you shall not have the right to sublicense any of your rights under these Terms of Use to any consultants, contractors, or other third parties.
License Restrictions. You shall not use the Code in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“Spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, weapons and accessories. You shall implement the Services in a timely manner in accordance with all reasonable instructions notified to you by watchjojo from time to time. You shall implement the Service in such a way that the look and feel of the Service shall not be confusingly similar with any other third party provider on your Site.
Other Restrictions. Except as expressly and unambiguously authorised under these Terms of Use, you may not: (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorised by applicable statutory law), modify or alter any part of the (a) collaborative filtering data and related reports (collectively, “Data”) to which watchjojo may provide you to access in a variety of formats, or (b) Code, or (ii) otherwise use the Code or the Service on behalf of any third party. Except as described in Section 4.G below, these Terms of Use do not include any right for you to use any trademark, service mark, trade name or any other mark of watchjojo or any other party or licensor. No rights or licenses are granted except as expressly and unambiguously set forth herein. If you violate any of the foregoing restrictions, watchjojo shall own all right, title and interest relating to any and all derivative works, inventions, works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, as they may relate to the use of the Service or the Code. You agree to make all assignments necessary to accomplish the foregoing ownership. New Versions And Upgrades. watchjojo may release updates, upgrades or new versions of the Service or the Code, or other software related to the Service, to be incorporated as instructed on the FAQ. You agree that any access to any watchjojo software granted pursuant to these Terms of Use will not limit or restrict watchjojo‘s right to modify or replace such software in future versions of the Service. The licenses granted to you shall be deemed to include such items.
Trademark License. watchjojo hereby grants to you a personal, limited, non-exclusive, non-transferable, fully-paid license to use the watchjojo Marks (as defined in Section 18 below). You may use the watchjojo Marks in conjunction with your use of the Code, the Data or the Service on any pages of your websites or affiliate websites that feature any aspect of the Service. You may publish blog posts on your blog or affiliate blogs that include the use of watchjojo Marks at any time without additional authorisation by watchjojo, provided that you make reasonable efforts to send the blog post to watchjojo prior to or concurrent with the publishing of your blog posts. Nothing in this Agreement grants you ownership or any rights in or to use the watchjojo Marks, except in accordance with this license. Under no circumstances may you disparage or otherwise abuse the watchjojo Marks, nor violate any terms of the User Conduct rules set forth in Section 5 below. The rights granted to you in this license will terminate upon any termination or expiration of these Terms of Use and you will no longer make any use of any watchjojo Marks.
No Other Licenses. Apart from the licenses granted pursuant to these Terms of Use , no other licenses are granted by watchjojo to you by implication or estoppel. End-User Licensing. You agree that for each of your websites and/or software product(s) that use the rights granted in these Terms of Use, such website’s terms and conditions will include terms to ensure that: (i) the Service, Data and the Code shall be at least as protected as your own proprietary software applications, and (ii) such proprietary software applications are protected by the terms of use on such website. You are responsible for ensuring that your privacy policy is updated to include such relevant information about the watchjojo Services as are necessary to enable you to comply with all applicable laws.
USER CONDUCT.
As a condition of use, you promise not to use the Service or the Data for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by watchjojo . By way of example, and not as a limitation, you agree not to use the Services:
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to abuse, harass, threaten, impersonate or intimidateother watchjojo users or Content providers;
in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any watchjojo user;
to create or submit Spam to any other watchjojo users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
to bypass any measures we may use to prevent or restrict access to the Site;
with the intention of artificially altering the Recommendations, or any other watchjojo service, including by way of creating separate user accounts for the purpose of artificially altering watchjojo services; artificially inflating clicks on Recommendations or Promoted Content, or participating in any other organized effort that in any way artificially alters the results of the Service.
The following sites are strictly prohibited from using the Service and watchjojo will actively terminate the Service from sites it finds to be in violation of these prohibitions: sites displaying adult, obscene, pornographic, libelous, infringing abusive or defamatory content, sites participating in, or encouraging participation in, illegal activities, sites that promote hate and discrimination, sites that facilitate the sale of firearms or illegal drugs. In addition, watchjojo reserves the right in its sole editorial discretion to disable its Service on any site.
watchjojo, in its sole discretion, may remove any Content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time. To report abuse to these Terms of Use abuse, please email abuse@watchjojo.com
REGISTRATION.
You are not required to register on the Site in order to use the Service, although even if you do not register, you will be subject to these Terms of Use if you use the Service. If you register on the Site, you will have access to online reports and the watchjojo Dashboard, which allows you to control certain settings for the Service. To register, you must provide certain information. If you are a blogger, you must also provide a valid blog URL. If you are a Partner, you will be required to supply additional contact information, including, without limitation, your name, address, and valid email address and other contact information. Before you complete your registration, you will be sent a link to your email address, which you must click to validate your watchjojo account.
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PROMOTED CONTENT.
By registering on the Site, you will have the opportunity to use the watchjojo Dashboard to control the settings for the Recommendation functionality, as well as other settings. If you choose to permit Promoted Content, you can receive a portion of the Promotional Revenue generated on your website and through the use of the Service. No portion of the Promotional Revenue shall be payable to Partners without the written consent of watchjojo through a separate agreement from these Terms of Use.
PROPRIETARY RIGHTS.
All right, title and interest in and to the Site, the Service (compilations, magnetic translations, digital conversions, software and other materials related to the Service), the Data and the Code are and shall at all times remain the sole and exclusive property of watchjojo and are protected by applicable intellectual property laws and treaties. All Data related to the Site or collected by way of the Service on any website shall be the sole property of watchjojo. You acknowledge that you do not acquire any ownership rights in or to the Service or the Data. All rights not expressly granted to you in these Terms of Use are reserved by watchjojo.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
Limited License to Use Content. If you are a Partner, by submitting any Content, you hereby grant watchjojo a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use such Content and your registered and unregistered trademarks, service marks, trade dress, graphics or logos (“Partner Marks”) in any of the following: (i) on the Site, any watchjojo blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect watchjojo to use its Partner Marks.
WARRANTY DISCLAIMER.
(a) You acknowledge that watchjojo has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you, your website or equipment; the accuracy or how you may interpret, rely on, or use the Service or the Data, including without limitation any loss of reputation or loss of traffic on your website or any website of any of your affiliates; or what actions you may take as a result of having been expo