JUSMOVE, LLC Terms and Conditions
The following terms and conditions govern your “use” of the website at www.jusmove.com (“Website”) and the JUSMOVE App (“App”), operated by JUSMOVE, LLC (“JUSMOVE”), including, but not limited to, content, data and materials available, generated, or uploaded by you on the Website and/or App and/or your download and use of the Website and App:
BY USING THE WEBSITE AND/OR APP, YOU, IN YOUR INDIVIDUAL CAPACITY AND IN YOUR CAPACITY AS LEGAL GUARDIAN ON BEHALF OF YOUR MINOR CHILD/WARD, AS APPLICABLE, EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. “YOU” AND/OR “YOUR,” AS USED IN THESE TERMS AND CONDITIONS, REFERS TO YOU AND/OR YOUR MINOR CHILD/WARD, AS APPLICABLE, AND YOU AGREE TO THESE TERMS AND CONDITIONS IN BOTH YOUR INDIVIDUAL CAPACITY AND IN YOUR CAPACITY AS LEGAL GUARDIAN OF YOUR MINOR CHILD/WARD USING THE WEBSITE AND APP, AS APPLICABLE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE AND/OR APP. IF YOUR MINOR CHILD DOES NOT HAVE YOUR PERMISSION TO USE THE WEBSITE AND APP, HE OR SHE MAY NOT USE THE WEBSITE AND APP. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Website and/or App in any way, your only recourse is to immediately discontinue use of the Website and/or App. JUSMOVE has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution.
1. Who May Use the Website and App
You must be at least thirteen (13) years old to use the Website and App. If you are between the ages of thirteen (13) and seventeen (17) you must have your parent or legal guardian’s permission to use the Website and App. Please have your parent or legal guardian read these Terms and Conditions with you.
Notice to Parents and Guardians: By granting your child permission to use the Website and App, you agree to these Terms and Conditions on behalf of your child. Content on the Website and/or App may contain explicit material. You are responsible for monitoring your child’s use of the Website and App, including but not limited to all video submissions by your child. If your child is using the Website and/or App without your permission, please contact JUSMOVE immediately so that we may disable his or her access.
Use of the Website and App by children under the age of thirteen (13) is strictly prohibited.
2. Limited License
Subject to compliance with these Terms and Conditions, you are granted a nonexclusive, nontransferable, limited license to download and use the Website and/or App, for so long as you comply with these Terms and Conditions.
You agree not to download, copy or use the Website and/or App except as expressly permitted by these terms and conditions. You shall not transfer, sublicense, rent, lease or lend the Website and/or App to any third party.
Copyright law, among other things, may prohibit or otherwise limit your use of copyrighted material, including but not limited to music, videos, and/or photographs, to accompany the content uploaded by you to the Website and/or App. You, and not JUSMOVE, are responsible for ensuring that your use of any copyrighted content is lawful.
4. User Content and Data
You can post original content, comments, and/or reviews on the Website and/or App. No original content, comments, and/or reviews may contain, as determined in JUSMOVE’s sole discretion, anything that:
- Is sexually explicit, obscene, suggestive, pornographic, or contains nudity;
- Is violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or endorses any form of hate or hate group;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
- Is profane or offensive;
- Defames, misrepresents or contains disparaging remarks about JUSMOVE, any contest Sponsor, or its products or services or other people, products, and companies;
- Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
- Contains copyrighted materials owned by any entity (including photographs, videos, music and other works of art or images);
- Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than JUSMOVE or any contest Sponsor;
- Violates or encourages violation of any law, rule or regulation;
- Contains materials embodying the names, likenesses or other indicia identifying any person, including without limitation, celebrities and/or other public or private figures, living or dead;
- Promotes any particular political party, agenda or message;
- Offers to buy or sell any product or service; and/or
- Communicates messages or images inconsistent with the positive image and/or goodwill to which JUSMOVE and/or any contest Sponsor wish to associate.
By submitting content, comments, and/or reviews, you agree and consent to JUSMOVE’s collection, use, and retention of your submitted content, comments, reviews, and/or personal information as disclosed to JUSMOVE for all purposes related to the promotion of JUSMOVE, the Website and the App (including but not limited to sharing your personal information with JUSMOVE’s service providers and contractors as necessary to conduct and operate the Website and/or App, and/or using your content uploaded to the Website and/or App to advertise, promote and market JUSMOVE, the Website and the App in any and all media without compensation, unless provided for in a particular contest, in which event your compensation shall be limited to the applicable contest prize, if any).
JUSMOVE will not accept responsibility for content, comments and/or reviews. It is not JUSMOVE’s policy to delete content, comments and/or reviews; however, JUSMOVE reserves the right to remove content, comments and/or reviews or not post content, comments and/or reviews entirely at its discretion. Please note that once you post content, comments and/or reviews, they become part of the public conversation.
You agree to allow JUSMOVE to store or re-format your content, comments and/or reviews on JUSMOVE and display your content, comments and/or reviews on JUSMOVE in any way as JUSMOVE chooses.
5. Representations and Warranties
You represent and warrant that: (i) you are at least eighteen (18) years of age or older, or if you are between the ages of thirteen (13) and seventeen (17), you are in possession of consent by a legal parent or guardian to use the Website and App; (ii) every person featured in any content, comments and/or reviews uploaded by you is at least eighteen (18) years of age or older, and/or you have obtained the consent of all legal guardians to use the image and/or likeness for all persons between the ages of thirteen (13) and seventeen (17) that appear in the content, comments and/or reviews (iii) if the content, comments and/or reviews posted by you contain any content that would infringe any rights of a third party, including but not limited to copyright, trademark, privacy, and/or publicity, you have secured the right from such third party to use the content, comments and/or reviews and to license the same to JUSMOVE under these Terms and Conditions and the applicable contest rules, if any; (iv) you are the sole owner and author of the content, comments and/or reviews; (v) no part of the content, comments and/or reviews have been previously published; (vi) the content, comments and/or reviews are entirely original (except where legally effective permissions have been obtained); (vii) the content, comments and/or reviews do not infringe the copyright in any other work; (viii) the content, comments and/or reviews do not violate the rights to privacy or publicity of any person; and (ix) the content, comments and/or reviews do not constitute defamation or libel against any person or entity.
6. License to JUSMOVE
By submitting content, comments and/or reviews, you expressly grant to JUSMOVE its affiliates, assignees, licensees, legal representatives and transferees, a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, publish, portray and display your content, comments and/or reviews as well as the name, likeness, voice and biographical information of you and any other person in your content, comments and/or reviews, without any limitation whatsoever, including but not limited to use on products, videos, photos, advertising, articles and other publications of JUSMOVE, both commercial and non-commercial. You and all persons included in the content, comments and/or reviews submitted by you further waive any and all rights to review or approve any use by JUSMOVE of the content, comments and/or reviews, modifications of the contents, comments and/or reviews, and/or the use of any images, likenesses, photographs, videos, sounds, recordings, and/or voices contained within the content, comments and/or reviews submitted by you. You acknowledge that JUSMOVE may use the content, comments and/or reviews submitted by you in any way as determined in JUSMOVE’s sole discretion, without compensation to you.
JUSMOVE may from time to time, but is not obligated to, issue updates, modifications or upgrades to the Website and/or App, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these terms and conditions apply to such updates.
8. Incorporation of Other Documents
9. User Name and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
JUSMOVE may from time to time, but is not obligated to, host contests on the Website and/or App. Each contest will be governed by the individual contest rules and these Terms and Conditions. Eligibility for the contest will be based on the contest rules. By entering into any contest on the Website and/or App, you expressly agree to and consent to be bound by the contest rules and these Terms and Conditions.
JUSMOVE may require payment of an entry fee prior to allowing you to submit a contest entry. By entering into such transaction, you agree to pay in full the purchase price, applicable fees and/or other charges, government or other entity licensing fees, and all taxes applicable to such transaction. YOU AUTHORIZE, AND GRANT PERMISSION TO, JUSMOVE, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT CARD. Credit card payments are currently handled through iTunes. Your use of iTunes is subject to their terms and conditions and privacy policies. Any change in third-party payment service will be posted on the Website and/or App.
Failure to pay a required contest entry fee or any other applicable fee prior to submitting a contest entry on the Website and/or App may result in disqualification of your contest entry and/or legal action against you. You must reimburse JUSMOVE for all expenses incurred in connection with the collection of amounts payable to JUSMOVE, including court costs and attorneys’ fees.
By paying any contest entry fee or any other applicable fee, you represent and warrant to JUSMOVE that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these terms and conditions and all applicable contest rules or if you are between the ages of thirteen (13) and seventeen (17), you are in possession of consent of a parent or legal guardian to pay the entry fee or any other applicable fee and enter the contest; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, your legal name, address, telephone number and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.
11. Intellectual Property Rights
© 2014 JUSMOVE, LLC. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Website and/or App (in both print and machine-readable forms) belong to JUSMOVE You shall not in any manner violate or attempt to impair the Rights of JUSMOVE in the Website and/or App. Unless otherwise noted, other JUSMOVE graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of JUSMOVE in the U.S. and/or other countries. JUSMOVE’S trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
JUSMOVE (Serial Nos. 86/353558 and 86/467555) is the subject of pending U.S. trademark applications of JUSMOVE.
You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the Website, App and/or any content uploaded to the Website and/or App. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Website and/or App without the express written permission of JUSMOVE.
You agree that any breach of these Terms and Conditions would cause JUSMOVE irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which JUSMOVE may be entitled, you agree that JUSMOVE may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement. Any breach of these Terms and Conditions shall result in immediate termination of the license provided for herein.
12. External Links and Trademarks
The Website and/or App may contain links to external third-party websites. By providing links to other sites, JUSMOVE does not guarantee, approve, or endorse the information or product available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to the JUSMOVE Website and/or App.
Suppliers and advertisers may have trademarks that are shown on the Website and/or App. These trademarks are property of their respective owners. You acquire no rights in such content.
13. DMCA Notice
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify JUSMOVE’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
By email: email@example.com
By mail: JUSMOVE, LLC
3317 W. 6th Avenue
Amarillo, Texas 79106
Please provide our Agent with the following Notice:
- Identify the material on jusmove.com or the App that you claim is infringing, with enough detail so that the agent may locate it on the Website and/or App;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
JUSMOVE will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). If you do not receive a response from Company within 10 days of submitting a complaint, please email firstname.lastname@example.org to confirm that your original complaint was received.
JUSMOVE reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these Terms and Conditions. Upon termination by JUSMOVE, you must immediately cease using the Website and App. You may also terminate this Agreement at any time by ceasing use of the Website and App. JUSMOVE may also suspend or discontinue the Website and/or App without notice.
The User Data and Content, Representations and Warranties, Contests, Intellectual Property Rights, DMCA Notice, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and Venue, No Assignment, and Severability sections shall survive any termination of your use of the Website and/or App, or expiration of this Agreement.
Notwithstanding JUSMOVE’s termination rights, JUSMOVE may also establish limits concerning use of the Website and/or App, including the maximum number of days that content will be retained by the site, the maximum number and size of postings, messages, or other content that may be transmitted or stored by the site, and the frequency with which you may access the Website and/or App.
15. DISCLAIMER OF WARRANTIES
THE WEBSITE AND/OR APP ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JUSMOVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND/OR APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JUSMOVE DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE AND/OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. JUSMOVE SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE WEBSITE AND/OR APP CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF JUSMOVE. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE AND/OR APP MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE AND/OR APP, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF JUSMOVE.
THE WEBSITE AND/OR APP COMPILES INFORMATION AND CONTENT PROVIDED BY THIRD PARTIES AND JUSMOVE GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION AND CONTENT PROVIDED TO JUSMOVE OR JUSMOVE’S REPRODUCTION THEREOF.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. LIMITATION OF LIABILITY
JUSMOVE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JUSMOVE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, AND ANY CONTEST SPONSORS AND SUB-CONTEST ORIGINATORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES; AND (B) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST JUSMOVE AND/OR ANY CONTEST SPONSOR AND/OR ANY SUB-CONTEST ORIGINATOR. JUSMOVE AND (AS APPLICABLE) JUSMOVE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, AND ANY CONTEST SPONSOR AND ANY SUB-CONTEST ORIGINATOR, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF JUSMOVE, ANY CONTEST SPONSOR, ANY SUB-CONTEST ORIGINATOR OR A THIRD-PARTY ACTED NEGLIGENTLY. JUSMOVE AND/OR ANY CONTEST SPONSOR AND/OR ANY SUB-CONTEST ORIGINATOR WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD-PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST JUSMOVE AND/OR ANY CONTEST SPONSOR AND/OR ANY SUB-CONTEST ORIGINATOR.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JUSMOVE AND (AS APPLICABLE) JUSMOVE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, AND ANY CONTEST SPONSOR AND ANY SUB-CONTEST ORIGINATOR HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE AND/OR APP; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) PRODUCT MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU POST, UPLOAD, STORE OR OTHERWISE TRANSMIT THROUGH THE WEBSITE AND/OR APP; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE WEBSITE AND/OR APP.
18. GOVERNING LAW AND VENUE
THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
19. No Waiver
The failure of JUSMOVE to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
20. No Assignment
These Terms and Conditions may not be assigned or transferred by you.
If any provision of these Terms and Conditions shall be deemed unlawful or unenforceable then that provision shall be deemed severable from these Terms and Conditions and such severed provision shall not affect the validity and enforceability of the remaining provisions.
22. Changes to These Terms
These Terms and Conditions may be changed by JUSMOVE immediately upon notice. Continued use of the Website and/or App following any change constitutes acceptance of the change.