The Blue Jackal - Available on the App Store

Terms of Use

These Terms of Use define the terms by which you may use TheBlueJackal.com website (“Website”), and are an agreement between you and the Website.  By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder.  You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately.  You should return to this page from time to time in order to ensure that you are aware of any changes.  The Privacy Policy posted to our Website also forms part of these Terms of Use.  We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website.  Any reference to our Terms of Use includes all such policies.

1.  Our Product

We sell a digital children’s e-book product, which is called The Blue Jackal (the ”Product”).

2. Purchase

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 support@thebluejackal.com.

7.  Linking to Third Party Websites

Our Website contains links to social media and third party websites, which are not owned or maintained by us and over which we have no control (“Third Party Site(s)”).  These links are provided for informational purposes only to direct you to where you may purchase the product or to enable you to post and read other postings on social media.  If you click on a link to a Third Party Site, our Privacy Policy and Terms of Use will no longer be applicable.  We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or any product that they offer.

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.

11.  Indemnification

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.

12.  Miscellaneous

We reserve the right to discontinue this Website and the sale of our Product at any time in our sole discretion.  You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business.  No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.  If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding.  The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section.  If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.  The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein.  The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

13.  Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles.  All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Delaware by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules.  The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us.  The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction.  If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees.  All claims you bring against us or the Website must be resolved in accordance with this Section.  All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed.  Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

14.  Eligibility

Only adults, who are at least eighteen (18) years of age, are eligible to use our Website.  In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.  By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

15.  Contact Us

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the following email address: support@thebluejackal.com.

16.  Effective Date

The Effective Date of these Terms of Use is Nov 29th 2012.