1. Our Product
We sell a digital children’s e-book product, which is called The Blue Jackal (the ”Product”).
We currently make our Product available for purchase exclusively through Apple’s application store (the “App Store”) and Windows Application store (“Windows Store”)
3. Intellectual Property
We retain ownership of all right, title, and interest in our Product and in all material on this Website, including but not limited to the design features, the text, the illustrations, the organization, the code, text, and databases (collectively, the “Intellectual Property”). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Product or the Website, including but not limited to any of our illustrations or text, for any commercial or non-commercial use without the express written consent of us as appropriate. All right, title, and interest in any third party logo posted to our Website is the intellectual property of such third party.
4. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
5. Operation of Website
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.
6. Prohibited Uses
Our Website and Product should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
(a) Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Using our Product for any illegal purposes, including but not limited to conspiring to violate laws;
(c) Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
(d) Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
(e) Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
(f) Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website or in the Product;
(g) Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
(h) Stalking, harassing, or threatening any visitor to this Website; or
(i) Collecting or storing personal information about any visitor to this Website.
If you become aware of any inappropriate use, please notify us at our email address at firstname.lastname@example.org.
7. Linking to Third Party Websites
8. Feedback; Idea Submissions
We welcome and encourage feedback about the Website. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website or Product at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Product, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your idea into our Intellectual Property.
9. Limitation of Liability; Consequential Damages
You agree that the Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of $100.00 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
10. Release of Claims
To the maximum extent permitted by applicable law, you hereby release our founders, officers, directors, employees, members, managers, independent contractors, representatives, and agents, if any, and waive all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to our Product or this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By using this Website, you agree to indemnify, defend, and hold harmless this Website, our directors, officers, members, managers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or the Product, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
13. Governing Law; Dispute Resolution
15. Contact Us
16. Effective Date