Terms
and Conditions of Service
The following are the terms and conditions for use of the
telecommunications service described herein between Jangl, Inc. (“our”, “we” or
“us”) and you (either an individual or a legal entity that you represent as an
authorized employee or agent) (“you”). PLEASE READ THEM CAREFULLY. BY
CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR
USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND
THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE
(THIS “AGREEMENT”). The Service is offered to you expressly conditioned on
your acceptance, without modification, of this Agreement.
Scope. This Agreement constitutes the entire
agreement between us and you with respect to the telecommunications and other
services offered by us, including our website at www.jangl.com as well as any
other related websites, widgets, or other distribution channels we may, from
time to time, operate (collectively, the “Website”), and any other features,
content, service, or applications offered, from time to time, by us
(collectively with the Website, the “Service”). The Service includes but is
not limited to voice, SMS (texting), WAP, and other services to and from your
mobile device. Depending on your agreement with your telecommunications
service provider, you may incur additional charges (such as SMS fees) in
connection with your use of the Services. Such charges are your
responsibility.
Administration. We reserve the right to modify this
Agreement at any time. Such modifications shall be effective upon posting on
our Website at www.jangl.com. By using the Service following any such
modifications, you agree to be bound by the revised Agreement. You are only
authorized to use the Service (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to the terms of this
Agreement. Please read this Agreement carefully. If you do not agree with it,
you should leave the Website and discontinue use of the Service immediately. If
you wish to become a member, communicate with members and make use of the
Service, you must read this Agreement and indicate your acceptance of its terms
during the registration process.
Eligibility. Use of and membership to the Service
is void where prohibited. In response to the Children’s Online Privacy
Protection Act (“COPPA”), we require that each subscriber be of at least legal
age to use the Services. By using the Service, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are of at least
legal age or have guardian consent to utilize the Services; and (d) your
use of the Service does not violate any applicable law or regulation. Your
membership may be terminated without warning if you are deemed ineligible.
Term. This Agreement will remain in full force and
effect while you use the Service. You may terminate your membership at any
time, for any reason, by contacting us in writing by visiting our Contact
page. We may terminate your membership at any time, without warning.
Fees. You acknowledge that we reserve the right to
charge for the Service and to change its fees from time to time in our sole discretion.
If we terminate your membership because you have breached this Agreement, you
will not be entitled to the refund of any unused portion of Service fees.
Feedback. If you wish to provide us with feedback
regarding the Service (“Feedback”), you assign and agree to assign to us all
right, title and interest in and to the Feedback. You will not provide us with
Feedback that is subject to any intellectual property or other right of any
third party.
Use of Service: Any commercial use of the Service
is strictly prohibited. We shall not have any responsibility or liability for
any communications, information, content, text, files, images, photos, video,
sounds, musical works, works of authorship, or any other material works of
authorship (collectively, “Content”) that you submit to or receive through the
Service and you assume all such responsibility and liability. You covenant and
agree not to use the Service for any purpose that is unauthorized, unlawful or
prohibited by this Agreement. You may not use the Service in any manner that
could damage, disable, overburden, or impair the Service or interfere with any
other party’s use and enjoyment of the Service. You may not attempt to gain
unauthorized access to any account, computer systems or networks associated
with the Service or to otherwise interfere with or disrupt any accounts,
computer systems or networks connected to the Service. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Service. You may not
use access to the Service to obtain information necessary for you to design,
develop or update unauthorized software that you use or provide to others to
use to access the Service. You may not charge others to use the Service either
directly or indirectly. We have no obligation to monitor the Service, but we
retain the right to do so, as well as to take any action to satisfy any law,
governmental request, or to protect us and/or the Service. We shall have no
responsibility for the transmission or deletion of your Content. We cannot and
do not guarantee that personal information you submit to us will be free from
third party intrusion. We may also impose rules and limits on use of the
Service or restrict access to part or all of the Service at any time.
Promotions. From time to time, we may place
advertisements during various portions of a phone call (for example while
connecting a call). We may also (i) leave you voicemails; and
(ii) send text or SMS messages to your cell phone either as a stand alone
message or appended to your or another’s message. You expressly consent and
agree to receive these advertisements as part of the Service. You expressly
grant us permission to review your voicemails and SMS messages and monitor your
phone calls solely for the purposes of enhancing our Services and providing you
with messages, including advertisements, better tailored to your needs and
preferences.
No Emergency Services. You expressly agree and
understand that the Service is not intended to support or carry emergency or
time-critical calls to any type of hospital, law enforcement agency, medical
care unit or any other kind of emergency or time-critical service (“Emergency
Services”). We nor our affiliates or staff are in any way liable for such
emergency calls. You recognize and agree that we are not required to offer
Emergency Services pursuant to any applicable local and or national rules,
regulation or law. You further acknowledge that we are not a replacement for
your primary telephone service.
Privacy
Notice. Electronic Communications Privacy Act Notice (18USC 2701-2711): WE
MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. We
will not be liable for the privacy of email addresses, registration and
identification information, disk space, communications, confidential or
trade-secret information, or any other Content stored on our equipment,
transmitted over networks accessed by the Websites, or otherwise connected with
your use of the Service.
Proprietary Rights in Content. We do not claim
ownership rights in or to your Content. After your Content is displayed,
published or otherwise made available (each as “Posting”) on or through the
Service, you continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose. You
hereby grant us a limited license to use, modify, publicly perform, publicly
display, reproduce and distribute such Content solely on and through the
Service. You acknowledge and agree that though you may “delete” your Content
from the Service but that such deletion only terminates your access to the
Content and does not terminate our license rights. We will not pay you for
your Content and may remove your Content at any time. You represent and
covenant that you have and will have all rights necessary for you to make the
grants in this section.
Access to Content.
We take no responsibility for third party Content (including, without
limitation, any viruses or other disabling features), nor do we have any
obligation to monitor such third party Content. We reserve the right at all
times to remove or refuse to distribute any Content on the Service, such as Content
which violates the terms of this Agreement. We also reserve the right to
access, read, preserve, and disclose any information (including Content) as we
believe is necessary to (a) satisfy any applicable law, regulation, legal
process or governmental request, (b) enforce this Agreement, including
investigation of potential violations hereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues (including, without
limitation, the filtering of spam), (d) respond to user support requests,
or (e) protect our rights, property or safety, our users and the public. We
will not be responsible or liable for the exercise or non-exercise of our
rights under this Agreement.
Interaction with Third Party Service Providers. We
have certain arrangements with third parties service providers (“Third Party
Service Providers”) which allow their customers to utilize the Services. If
you interact with the customers of these Third Party Service Providers any
information you provide will be available to the Third Party Service Provider
and subject to their user agreements and privacy policies. We do not control
such Third Party Service Providers and we are not responsible for the content
and performance of their services. We do not operate, control or endorse any
information, products or services provided by Third Party Service Providers.
Use of their services and providing information to them is strictly at your own
risk including, but not limited to, any risks associated with provision of
personally identifiable information. You are responsible for viewing and
abiding by the terms and conditions of use and the privacy statements of the Third
Party Service Providers.
Registration; Passwords and Security. In
registering for the Service, you agree to provide and maintain accurate and
complete information about yourself. In registering, you may designate a phone
number, email address, username and PIN and are responsible for maintaining the
confidentiality of these items. You agree not to use the account, username, or
PIN of another member at any time or to disclose your PIN to any third party;
and you agree to notify us immediately if you suspect any unauthorized use of
your account or access to your account or your PIN. You agree that you are
responsible for all activities that occur under your phone number and PIN, whether
or not authorized by you.
Indemnity. You agree to defend, indemnify and hold
harmless us, our directors, officers, employees, agents, vendors and affiliates
from and against any and all claims, losses, liabilities (including attorney
fees), damages, costs, and expenses, in any way arising from or related to your
use of the Service, your violation of this Agreement or your Posting of any Content
on or through the Service.
DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE
ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, ANY WARRANTY REGARDING CONTENT OR ACCESS TO THE SERVICE,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS,
CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO
WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO
ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED,
OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE.
WE ARE NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND
THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH
DEALINGS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR
ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR VENDORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE OR THE CONTENT
WHETHER ARISING AT LAW OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, LOSS OF
REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF
SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Our total cumulative liability to you or any other party for any loss
or damages resulting from any claims, demands, or actions arising out of or
relating to this Agreement shall not exceed U.S. $500.
Service Levels. We do not guarantee the Service
will be operable at all times or during any down time (i) caused by
outages to any public Internet backbones, networks or servers, (ii) caused
by any failures of your equipment, systems or local access services, (iii) for
previously scheduled maintenance or (iv) relating to events beyond our
reasonable control such as strikes, riots, insurrection, fires, floods, explosions,
war, governmental action, labor conditions, earthquakes, terrorist actions,
natural disasters, or interruptions in Internet services to an area where our
(our affiliates) or your servers are located or co-located. We will use
reasonable efforts to maintain messages left for you (including voicemails) for
a period of thirty (30) days after they are first left for you. After this
period, we may delete your messages without further obligation.
Free Software. The Service may include some
software programs that are licensed (or sublicensed) to the user under the GNU
General Public License (GPL) or other similar licenses which, among other
rights, permit the user to copy, modify and redistribute certain programs, or
portions thereof, and have access to the source code (“Free Software Licenses”).
The GPL requires that for any software covered under the GPL, which is
distributed to someone in an executable binary format, that the source code
also be made available to those users. For any such software, the source code
is made available in a designated internet page. If any Free Software Licenses
require that we provide rights to use, copy or modify a software program that
are broader than the rights granted in this Agreement, then such rights shall
take precedence over the rights and restrictions herein.
Digital Millennium Copyright Act. If you are a
copyright owner or an agent thereof and believe that any Content or other
content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
• A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
• Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
• Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to
permit the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
• 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; and
• 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.
Copyright Agent. Jangl’s designated
Copyright Agent to receive notifications of claimed infringement is: copyright@jangl.com.
For clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to Jangl customer service through the Contact page on
Jangl.com. You acknowledge that if you fail to comply with all of the
requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that
your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the content in
your Content, you may send a counter-notice containing the following
information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has
been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
• A statement that you have a good faith
belief that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
• Your name, address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the federal
court in San Mateo, California, and a statement that you will accept service of
process from the person who provided notification of the alleged infringement.
Effect of Counter Notice. If a
counter-notice is received by the Copyright Agent, Jangl may send a copy of the
counter-notice to the original complaining party informing that person that it
may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the
content provider, member or user, the removed content may be replaced, or
access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at Jangl’s sole discretion.
International Use. We control and operate the Services
from our offices in the United States of America. We do not represent that
materials on the Services are appropriate or available for use in other
locations. By providing any personal information to the Site, all Users,
including without limitation Users in the European Union, fully understand and
unambiguously consent to the collection and processing of such information in
the United States. Persons who choose to access the Services from other
locations do so on their own initiative, and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Miscellaneous: Applicable Law And Venue. This
Agreement (as may be modified by us from time to time) represents the complete
agreement between us concerning its subject matter, and supersedes all prior
agreements and representations between the parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be
reformed to the extent necessary to make it enforceable to the maximum extent
permissible so as to affect the intent of the parties, and the remainder of
this Agreement shall continue in full force and effect. This Agreement shall
be governed by and construed under the laws of the state of California without
reference to its conflict of law principles. Each party agrees to submit to
the exclusive and personal jurisdiction of the courts located in Santa Clara
County, California; provided that either party may take action in any
applicable court for equitable relief to preserve the status quo, such as an
injunction. The United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act shall not
apply to this Agreement. The Software is controlled by U.S. Export
Regulations, and it may be not be exported to or used by embargoed countries or
individuals. A waiver of any default is not a waiver of any subsequent
default. You may not assign or otherwise transfer any of your rights hereunder
and any such attempt is void. The relationship between us and you is not one
of a legal partnership relationship, but is one of independent contractors.
This Agreement shall be binding upon and inure to the benefit of the respective
permitted successors and assigns of the parties hereto. The sections of this
Agreement regarding liability and warranty limitations and indemnity will survive
any termination hereof.
Privacy
Policy
We desire to build a trusted relationship with you. This
privacy policy (this “Policy”) covers how we treat the personal information
that we collect and receive when you register for and use our Services. This
Policy explains the practices that apply to your personal information.
Phone Number. In order to provide our Services, we
collect your personal phone number so we can identify you when you interact
with our system, and to route communications from other users to your phone. We
do not reveal your phone number to other users of the Service.
E-Mail Address. We may also collect your email
address in order to provide certain services to you. We collect your email from
you (i) when you enter your email into our website; and (ii) when
another user enters your email into our website. Verification of your email
allows you to receive voicemail messages from other users attempting to contact
you. As part of the registration process, you may be asked to create a
username and PIN to be associated with your persona for security. We may also
collect your name, country, or time zone to enhance security/facilitate
Services.
Automatic Tracking. By using our Service, we are
able to and may track certain non-personally-identifiable information about you
and your correspondence with the Service in order to perform internal research
on our users’ demographics, interests and behavior, as well as to monitor and
enforce the terms of the Terms of Service Agreement. This information may
include the URL from which you arrived, your clickpath within the Service, the
next URL you may visit, what browser you are using and your IP address.
Cookies. We may use cookies, web beacons or
similar technologies to enhance and personalize your experience with the Services.
This includes helping authenticate your identity when you log in to the
Services; remembering your preferences and registration information; and
measuring and researching the effectiveness of the Services and promotions.
Invitations and Other Communications to Non-members.
You may invite other people to join the Service by sending invitation emails
via our automated invitation system. We do not sell these email addresses or
use them to send any other communication besides invitations and invitation
reminders. Recipients of invitations may contact us (see below for contact
details) to request the removal of their information from our database.
How Your Personal Information Is Used. Your personal
information is used to operate the service features and offerings, to
personalize the services provided to you, and to communicate with you and
respond to your inquiries. Your personal information may be shared with third
parties in connection the Services you’ve requested and to enhance such
Services and certain third party offerings. In order to provide the Services
you’ve requested, we carefully choose partners to work with. Some of these
partners are technology providers of telecom services, which are an ingredient
in the Services. These partners are required to protect your information in a
manner consistent with this Privacy Policy and do not have any independent
right to share your information. We may use your information to better design
our Services and introduce you to other products and services which may be of
interest to you. We work with third party advertiser/cookies who may use
information about your visit to the website and use of the Services to assist them
in tailoring their offerings to users of the Service.
Compliance with Law. In the event legal
authorities deem it necessary to investigate a user’s activity, by way of legal
processes (court order, search warrant or subpoena), we will oblige as required
by law.
Other Uses of Your Information. We maintain and
process your account and its contents to provide the Service to you and to
improve our Services. The Service includes relevant advertising, customized
content and related links based on the IP address, content of messages and
other information related to your use of the Service. Our computers process
the information in your messages for various purposes, including formatting and
displaying the information to you, delivering advertisements and related links,
preventing unsolicited bulk email (spam), backing up your messages, and other
purposes relating to offering you the Services. We may send you information
related to your account or other services we offer.
Disclosure of Personal Information in the Event of a
Merger or Sale of Jangl. We may merge or be acquired by another
business entity or may sell all or substantially all of its assets to an
acquirer. In the event of such merger, acquisition or sale, we may share some
or all of your personally identifiable information with the acquiring company
in order to continue serving you and others and continuing to offer you the
Services.
Co-branded and Other
Affiliated Sites. Certain aspects of the Services may be provided on or
through other websites operated by or in conjunction with third party providers
(“Partners”). Although we will continue to control any personally identifiable
information collected about you through the Services, such information may be
shared by us with that Partner in order to further facilitate the Services to
which you register and provide offerings in which you may be interested.
Communications. You may use the Service to
initiate Communications including but not limited to making and receiving phone
calls, sending and receiving voicemails as well as SMS messages, all of which
are partly or fully handled via our telecommunications partners. Any
information which you may communicate or receive during such phone calls,
voicemails or SMS messages, including any personal information, shall not be
deemed private. We cannot guarantee the security of such Communication and you
do so at your own risk.
Our Commitment to Security. We have
implemented security guidelines to help safeguard the privacy of your personally
identifiable information from unauthorized access or improper use. We have put
in place physical, electronic, and managerial procedures to safeguard and
secure the information we collect and we will continue to enhance our security
procedures as new technology becomes available.
Regarding Children’s Privacy. We recognize that
some of the users of our sites may be under the age of 13 (“Minors”). We are
committed to meeting the requirements of the federal Children’s Online Privacy
Protection Act (“COPPA”). BECAUSE WE MAY COLLECT MINORS’ PERSONAL INFORMATION
THROUGH OUR SERVICE, WE REQUIRE THAT EACH MINOR’S GUARDIAN PROVIDE CONSENT (AS
EXPLAINED BELOW) BEFORE THE MINOR USES OUR SERVICE. BEFORE A MINOR USES OUR
SITES, A GUARDIAN OF THE MINOR MUST PROVIDE US WITH THE GUARDIAN’S CONSENT TO
ALLOW US TO COLLECT, USE AND DISCLOSE THE MINOR’S PERSONAL AND NON-PERSONAL
INFORMATION. This can be accomplished by the guardian doing one of the
following:
·
An email is sent to the guardian whenever a Minor requests access
to our Service. The guardian may provide a response to this email along with
the requested information, certifying the guardian’s consent to the Minor’s
utilization of the Service. We may require the guardian to provide us with a
copy of his/her driver’s license or government-issued ID card, or a credit card
number that can be used to verify the guardian’s identity)
·
Sending us a letter signed by the
guardian stating that the guardian is giving his/her consent. This letter
should be faxed to Jangl Inc., Attention: Customer Service at 1-925-416-1804
or mailed to Jangl, Inc. 6601
Owens Drive, Suite 240, Pleasanton, CA 94588, Attention: Customer Service.
How to Contact Us. If you have any questions
or concerns about this Privacy Policy or its implementation, you can send email
to privacy@jangl.com or send mail to the following address: Jangl, Inc. 6601 Owens
Drive, Suite 240, Pleasanton, CA 94588
Changes to this Privacy Policy. Please review this
Policy periodically as we may update this Policy from time to time.