Terms of ServiceBy using our website, you're saying you're cool with this.
These Terms of Service (“Terms”) govern your access to and use of Gravity Jack services, including but not limited to, the Gravity Jack website (GravityJack.com), Adroit website (adroitAR.com), the use of any proprietary software or other software making use of Gravity Jack proprietary technology, including the use of the Adroit mobile application, and any information, text, graphics, images or other materials appearing on the Services (the “Content”). Your access to and use of the Services is conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing and/or using the Services, you agree to be bound by these Terms, which constitute a binding legal agreement between you and Gravity Jack, Inc. (“Gravity Jack”).
USE OF THE SERVICE
Adroit is a mobile and online platform that provides users with the ability to create, explore and share information using augmented reality through the Gravity Jack, Adroit online services (the “Site”) and the Adroit mobile application (the “Application”) (collectively the “Services”). These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on access and use of the Services at our sole discretion at any time without prior notice to you.
LICENSE TO THE SERVICE
Subject to your compliance with this Agreement, Gravity Jack grants you a non-exclusive and non- transferable single user license to download and install one (1) copy of the Application to your mobile device, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
In order to access, use or receive certain Services, you may need to register and create an account (“Account”) or login with a federated service such as Facebook Connect. In creating an Account or logging into the services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and establish a username and a password. You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. Gravity Jack is not liable for any loss or damage arising from your failure to comply with the above requirements. In order to provide you with certain Services, you have the option of providing Gravity Jack with your username/login and password to various social networking and online sites and accounts that you wish to link with your Account. If you decide to share your usernames and login credentials to these other accounts, you grant Gravity Jack permission to log in on your behalf and access these accounts solely to the extent necessary to provide these Services. Gravity Jack will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s).
The use of the Services and Applications are currently made available to users free of charge; however, Gravity Jack reserves the right to charge a fee for using the Services at any time. Gravity Jack may begin charging a fee for your continued access to the Services at any time with 15 days prior notice to you.
CONTENT YOU SUBMIT
You are responsible for any Content that you post, upload and otherwise submit to the Services. By submitting Content to Gravity Jack, you hereby grant Gravity Jack a worldwide, non-exclusive, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Gravity Jack’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
In connection with Content, you further agree that you will not: (i) submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage Gravity Jack or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. Gravity Jack does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Gravity Jack expressly disclaims any and all liability in connection with any Content. Gravity Jack reserves the right to decide whether Content is appropriate and complies with these Terms, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Gravity Jack may remove such Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available Content or other materials that are believed to violate these
It is the policy of Gravity Jack to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Gravity Jack by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may contact our Copyright Agent at firstname.lastname@example.org
THIRD PARTY SERVICES
The Services may also contain links to third party websites, resources and services provided by third parties. Gravity Jack is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third party services does not imply any endorsement by Gravity Jack. You are responsible for and assume all risk arising from your use or reliance of any third party services.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: (i) upload, post, email or otherwise transmit (a) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content) or (b) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (ii) attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gravity Jack or other generally available third party web browsers; (iii) access, tamper with, or use non- public areas of the Services, Gravity Jack’s computer systems, or the technical delivery systems of Gravity Jack’s providers; (iv) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (v) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (vi) violate any applicable law or regulation; or (vii) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Gravity Jack has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Gravity Jack and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Gravity Jack or the Services (“Feedback”) will be the sole and exclusive property of Gravity Jack and you hereby irrevocably assign to Gravity Jack all of your right, title and interest in and to all Feedback.
If you breach any of these Terms, Gravity Jack will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Gravity Jack will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Gravity Jack under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Your use of the Services is at your sole discretion and risk. Gravity Jack will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Services. Gravity Jack does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services will be error-free or that any errors will be corrected.
The Services, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. GRAVITY JACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Gravity Jack, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Gravity Jack, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAVITY JACK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GRAVITY JACK HAS 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.
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.
If you have questions or concerns regarding this statement, please contact our Terms of Service Manager at info@GravityJack.com, or by post mail at Gravity Jack, 157 S Howard St, Suite 605, Spokane, WA 99201
Gravity Jack Terms of Service & Privacy Notice effective December 15, 2011
Gravity Jack Terms of Service & Privacy Notice last modified on June 1, 2018