Jyst Terms and Conditions

 

Please read these Terms and Conditions (the “Terms”) carefully. These Terms apply solely to HQ2, LLC’s mobile application Jyst, and are a legal contract between you and Jyst. You acknowledge and agree that, by accessing or using Jyst or by uploading or posting any content (as defined below), you, your heirs, and assigns (collectively, “you”) are indicating that you have read, understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use jyst.

Your compliance is also essential to keeping Jyst a place for people to engage in productive, open dialogue with a community of fellow users about their relationship questions. We’re all in this together, and that starts with agreeing to play by the same rules.

Changes 

Jyst may change these Terms at any time, without prior notice to you, by posting the revised Terms here. The most updated version of the Terms can be viewed at any time by clicking on the hyperlink at the bottom of the Jyst application. Please review the Terms regularly to ensure that you remain in agreement and compliance with them. Again, your use of Jyst implies your agreement with the current Terms – if you no longer agree with the Terms, do not continue using Jyst.

Age Requirement

You are not permitted to use Jyst if you are under 13 years of age. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 13 or older. 

Compliance; Access to Jyst

Jyst reserves the right to terminate or temporarily block your account at any time, in particular if you breach these Terms. If this occurs, you agree not to access or use Jyst while you are terminated or blocked, though you retain your rights to privacy (see Jyst’s Privacy Policy) and intellectual property. Jyst may also remove any or all of your posts at any time, due to breach of these Terms or at our sole discretion.

 Jyst does not guarantee that our mobile application will work with your device. We also do not guarantee that you will have access to the application at all times or that it will be free of malfunctions – though in the event of a glitch or suspension of service, we will work to get Jyst back up and running quickly.

 Community Guidelines

“Content” means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on or through Jyst. You are solely responsible for all content you post on Jyst. We may not review all content posted on Jyst, and we cannot take responsibility for the content. This means we cannot guarantee its accuracy, reliability, quality, inoffensiveness, or appropriateness. We are also not responsible for the content accessed through any third-party links posted on Jyst. If you heed advice received on Jyst or otherwise rely on content posted on the application, you do so at your own risk.

When posting content on Jyst, you agree that you will not: 

• Use Jyst in connection with surveys, contests, pyramid schemes, chain letters, junk email, or spam;

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information; 

• Use any material or information, including images or photographs that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; 

• Post, upload, publish, submit or transmit any content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) is illegal or promotes illegal or harmful activities or substances;

• Use, display, broadcast, mirror or frame any of our trademarks, logos or other proprietary information without our express written consent;

• Access or tamper with our computer systems, or the technical delivery systems of our providers;

• Attempt to probe, scan, or test the vulnerability of site, or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect our site;

• Harvest or otherwise collect information about others, including e-mail addresses;

• Violate any applicable laws or regulations; 

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;

• Collect or store any personal information from the Services from other users of the Services without their express permission;

• Use Jyst for any commercial purpose or the benefit of any third party or in any manner not permitted by these TOU; or

• Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of Jyst, or to review or edit any content, but have the right to do so for the purpose of operating application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

By posting, uploading, inputting, providing or submitting (“Posting”) any content (a “Submission”) of any kind, you are irrevocably and perpetually granting Jyst, its affiliated companies and sublicensees, ownership of the Submission and permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights. You understand that we do not guarantee any confidentiality with respect to Content you submit.

You also hereby grant each user of Jyst an irrevocable, perpetual, non-exclusive license to access your content through Jyst, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of Jyst under these Terms.

No compensation will be paid with respect to the use of your Submission, as provided herein, and Jyst may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also warrant that the information provided in the Submission is, to the best of your knowledge, truthful and accurate. 

Intellectual Property and the Digital Millennium Copyright Act (DMCA)

By accepting these terms you agree not to infringe others’ copyrights, trademarks and other intellectual property on Jyst. It is Jyst’s policy to respond in a timely manner to all notices of alleged infringement that comply with the DMCA. If you are found to be a repeat copyright infringer, Jyst may terminate your account.

If you believe your intellectual property has been infringed upon, you may submit a DMCA takedown notice to EMAIL, using the subject line “DMCA Request.” Please describe the copyrighted work(s) you believe to be infringed, the post that infringes the copyrighted work(s), information on how to locate the post, and your contact information. You must also include your physical or electronic signature, or the signature of someone authorized to act on behalf of the copyright owner, and statements saying that:

1.              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

2.              Under penalty of perjury, the information in the notification is accurate and you are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Advertisements and Promotions

We may run advertisements and promotions from third parties on Jyst. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Jyst, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on its Web sites. Such advertisements are presented and controlled by third-party advertising networks. We do not preview, examine or control the content of advertising messages, and we do not know or approve the identity of specific advertisers or products and services advertised. We do not endorse the truthfulness, suitability or value of any service or products advertised.

Modification 

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. You may also be asked to re-acknowledge and re-accept this Terms following any material changes.

Limitation of Liability and Disclaimers 

Our services and content are provided “as is” and “as available”, without any representations or warranties of any kind. You expressly acknowledge and agree that, to the fullest extent permitted by applicable law, you use our services at your own risk. To the fullest extent permitted by applicable law, we hereby specifically disclaim any and all warranties and conditions with respect to our services and content made available through our services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, non-infringement of third party rights, and any warranties arising out of the course of dealing or usage of trade. We do not warrant against interference with your enjoyment of our services, that the functions contained in our services or performed by our services will meet your requirements, that the operation of our services will be uninterrupted or error-free or that our services will be compatible or work with any third party software, applications or third party services. No oral or written information or advice given by us or an approved representative shall create a warranty. All information provided on or through our services is subject to change without notice. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer.

In such jurisdiction that do not allow for the exclusion of implied warranties or limitations on statutory rights of a consumer, the above exclusions and limitations will be valid to the fullest extent allowed by applicable law.

Except where prohibited by law, in no event will we or any of our affiliated entities be liable to you or any third party for any direct, special, indirect, incidental, punitive, exemplary or consequential damages of any kind arising out of or in connection with (1) the use of, or inability to use, our services; (2) any content made available through our services; or (3) the conduct of other users of our services, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of or are aware of the possibility of such damages.

If, notwithstanding these terms, we are found liable to you for any damage or loss which arises out of or is in any way connected with your use of our services or any content made available through our services, then our liability shall in no event exceed the amount paid by you, if any, for the provision of our services during the six (6) months immediately preceding the date of the claim or twenty (20) u.s. dollars, whichever is greater.

In such jurisdictions that do not allow for the limitation of liability set forth herein, our liability will be limited to the fullest extent allowed by applicable law.

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Jyst will be brought solely in the federal or state courts located in New York County, New York, United Sates, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. 

Notwithstanding this, either party may apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is hereby waived and permanently barred. In such jurisdictions that do not allow for the shortening of the time period in which a cause of action must be brought, the applicable time period shall be the minimum allowed by law.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

Contact Us

You may contact us with any questions or concerns at elngy@jyst.me. Please use “Terms and Conditions” as the subject line.