1.1. Welcome to the Service. It was created by Jacksons Empire as a platform for personal communication and entertainment.
1.3. We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden Rule (“do unto others…”). See our Frequently Asked Questions page for further information about use of the Service.
2.1. In order to access most features of the Service, and to be able to Submit (as that term is defined below) Content as a user, You will have to create a Jacksons Empire account via Your Facebook®, Google+®, Twitter®, or Instagram® account, using the same information provided to one of those networks (the “Jacksons Empire Account”). You can alter such information by updating Your Facebook®, Google+®, Twitter®, or Instagram® account (this will automatically update Your Jacksons Empire Account the next time You log in). You also may alter Your Jacksons Empire Account information by logging into the Service and accessing Your settings.
2.2. You agree not to share Your Jacksons Empire Account password or let others have access to Your Jacksons Empire Account and You will not attempt to transfer Your Jacksons Empire Account to anyone else. You are responsible for the activity that happens on or through Your Jacksons Empire Account, so we urge You to keep Your Jacksons Empire Account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Jacksons Empire will not be liable for losses caused by any unauthorized use of Your Jacksons Empire Account, You may be liable for the losses of Jacksons Empire or others due to unauthorized use. You must notify us immediately of unauthorized use of Your Jacksons Empire Account or of any related security breach by contacting us at https://www.jacksonsempire.com/site/contact-je/ . If for any reason You want to limit Your children’s access to the Service, there are a number of commercially available parental control protections.
3. OWNERSHIP OF THE SERVICE
3.2. The Service may contain links to third party services that are not owned or controlled by Jacksons Empire. Jacksons Empire has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, Jacksons Empire will not and cannot censor or edit the content of any third party service. You expressly release Jacksons Empire from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED CONTENT
4.1. The term ” Content” refers to any information, data, communication, video, text, graphics, photos (including but not limited to “Archives” and “Moments”), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, ” Submit“) to the Service, or view or access on the Service.
4.2. All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests (see Section 5), will remain with You, subject to the licenses You make hereunder. Jacksons Empire does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Jacksons Empire and anyone acting with the authorization of Jacksons Empire.
4.3. Jacksons Empirre assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
4.5. You understand that the Service is intended for public use and not for private communications, and You confirm that You have a limited expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Jacksons Empire does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
4.7. As with other Content, Jacksons Empire assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (” Sponsored Products and Services“). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
4.9. By Submitting Content to the Service, You are granting Jacksons Empire and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of Jacksons Empire and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
4.11. Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
4.12. In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5. GUEST BROADCASTS
5.3. For clarity, all right, title and interest in Content Submitted by a Guest to a Guest Broadcast, to the extent it does not belong to third parties, will remain with the Guest, subject to the following: In addition to all licenses relating to Content provided above to Jacksons Empire and others, each Guest hereby grants to the Host, and each Host hereby grants to each Guest, a perpetual worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, perform, edit, modify and comment upon such Guest Broadcast, including Content Submitted by the Guest or the Host. This would include, by way of example, posting on the Host’s or Guest’s (as applicable) Jacksons Empire account page or to social media, to the extent the functionality of the Service permits.
6. ACCEPTABLE USE POLICY
6.1. You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
6.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
6.4. Jacksons Empire uses YouTube API services. By connecting a YouTube account, users agree to be bound by YouTube’s Terms of Service (https://www.youtube.com/t/terms).
7. VIRTUAL CURRENCY/IN-SERVICE PURCHASES/PURCHASE TERMS
7.1. At times, the Service will permit You to “buy” or “purchase”, or “earn” for use in the Service: (a) virtual currency, including but not limited to virtual points (” point“); or (b) virtual in-service items, including but not limited to fan mail, visual gifts, thumbs up, tipping (together with virtual currency, ” Virtual Items“). These real world terms, however, are only being used as shorthand. You do not in fact “own” the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Jacksons Empire grants You a limited license to use the Service, including software programs that include the use of these Virtual Items.
7.2. A purchase of Virtual Items is complete only when you receive confirmation through the Service that You have redeemed iTunes or Google Play Store Wallet credits, or other third party currency accepted by the Service. Any virtual currency balance shown in Your Jacksons Empire Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of Your license to use the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to Your Jacksons Empire Account, nor will You be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if Your access to the Service has been suspended, limited or terminated.
7.3. Your gift of certain Virtual Items to a broadcaster on the Service may, but will not necessarily, appear on screen or in the chat feed of the Content You are viewing. Purchase of the “Chat Now” privilege during high-traffic broadcasts will give You the opportunity to rejoin a chat feed that has become over-full and to remain in the chat feed for the remainder of the broadcast. Purchasers of “Chat Now” will receive priority over users who are participating in the chat feed for free.
7.4. points and other Virtual Items gifted to broadcasters may result in some revenue to them as determined in Jacksons Empire sole discretion; however, Jacksons Empire makes no guarantee that the amount or value of the Bars or Virtual Items You may give a broadcaster will correlate to the revenue such broadcaster may receive from Jacksons Empire. All in-app purchases are subject to a 30% fee charged by Google or Apple, depending on the platform. After the platforms remove their fees, Partners get 60% of the remaining revenue, and Jacksons Empire takes 40% of the remaining revenue.
7.5. Only users of the Service who initiate a broadcast or a Guest session will be eligible for points and other Virtual Items.
7.6 All purchases of Products you place through Jacksons Empire or its vendors are non-refundable, except to the extent we decide otherwise, in our sole and absolute discretion. All prices we show on this Service are subject to change without notice.
7.7 All subscription purchases will automatically renew for successive periods equal in duration to the initial subscription term, unless either party notifies the other party in writing before the expiration of the then-current subscription term that such party does not wish to renew the subscription for an additional subscription term. You have the right to cancel the subscription renewal yourself.
7.8 If you dispute any of your charges at any time, Jacksons Empire has the right to contest the dispute and you acknowledge that Jacksons Empire may furnish all details of the transaction to the governing body. If you cancel your account at any time, you will not receive any refund.
7.9 You expressly agree that you will not reverse or attempt to reverse any transaction(s) to add funds to your account that you complete. You also agree that we may deduct any amounts associated with your account if a transaction is subsequently reversed via a chargeback, reversal, claim, or is otherwise deemed fraudulent or erroneous. We may also deduct any amounts held by you in your account to satisfy any outstanding amount owed by you to us under these Terms or otherwise. We reserve the right to report, suspend, and/or terminate accounts and these Terms for chargeback abuse.
7.10 When you purchase Jacksons Empire digital products, your purchases are non-refundable and are made at your own risk. You engage in transactions between you and other users at your own risk.
7.11 Jacksons Empire is under no obligation to provide any refund (either in cash or in credits) for any item made by a third party content creator that is broken, that later becomes disabled, that is later removed or altered by the content creator or by Jacksons Empire, or that was inappropriately submitted. If you have any billing problems or questions, please visit the Jacksons Empire Contact Page. Additionally, if an item is removed from this Service as a result of an intellectual property infringement claim (or Unsuitable for Jacksons Empire content) and/or Jacksons Empire disables your use of such an item as set forth in these Terms, any cash and/or any credits that you used to purchase such items will not be refunded.
7.12 We may revise or modify Products, Product information, or pricing without notice. We are not responsible for typos or errors in product descriptions or prices.
7.13 If You perform an in-app activity that we determine to reward, the performance of this activity alone does not entitle you to receive free Bars. If you perform one of these actions, we may indicate that you are provisionally entitled to receive free Bars. Free Bars are not transferable and may expire within 60 days of when they are issued. If we determine, in our sole discretion, that You have violated these Terms, in our sole discretion, we may cause You to forfeit all of the free Bars associated with Your Jacksons Empire Account.
7.14 If we determine, in our sole discretion, that You have violated these Terms, in our sole discretion, we may cause You to forfeit all of the free Bars associated with Your Jacksons Empire Account.
8. DIAMOND PROGRAM
8.2 Account Ownership. Accounts and Diamond balances are non-transferrable. Accounts cannot be sold or transferred to another user at any time. Any accounts found to be in violation of this clause will be terminated and Diamond balance will be nullified. Jacksons Empire reserves the right to terminate a user’s account at any time and for any reason and to nullify and erase its Diamonds balance, as outlined in the Account Termination section of the Terms of Service.
8.3 Payments to You. All payees must be over the age of 18. Those who are under 18 must have a parent or guardian complete the necessary tax forms, banking information that matches the tax form, and consent form to be eligible to cash out.
The threshold value in Diamonds and exchange rate of Diamonds to “cash out” will be determined by Jacksons Empire and can be changed at Jacksons Empire sole-discretion at anytime and without advance notice. Such exchange rate may fluctuate between when you earned the Diamonds and time in which you opt to “cash out.”
In order to be eligible to “cash out” you must meet the following requirements: (a) You must provide appropriate tax and ID forms, as may be requested from time to time. In particular, You must provide Jacksons Empire with a completed IRS Form W-9 or W-8, as applicable, (b) have a minimum balance of $75 worth of Diamonds based on the currently published exchange rate, (c) have payout preferences established via our third party vendor.
Verified payments will be released within seven (7) business days from the “cash out” request. Jacksons Empire reserves the right to withhold payments at our discretion, while we verify the authenticity of the transaction(s). You shall be solely responsible for any and all taxes, including local, state, federal and other country specific taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any compensation paid to You.
Should Jacksons Empire terminate a user’s account, their Diamond balance is subject to review for “cash out” eligibility. This decision will be made at the sole discretion of Jacksons Empire.
Jacksons Empire abides by all federal and state regulations, as do our vendors. Please review the Compliance section (8.7) to ensure you are eligible to “cash out.”
8.4 Abandonment. Jacksons Empire reserves the right to nullify Diamond balances from users who have not Taken Action with their Diamonds within ninety (90) days. Taking Action is defined as the option to (1) “cash out” Diamonds
8.5 Fraudulent Activity. Jacksons Empire may at any time deduct and/or recover from You upon demand any revenues derived by You from illegal or fraudulent activity by You or Your behalf no matter when such activity is discovered, or from mistakes on Jacksons Empire part. Adjustments may also be made to recover revenue lost due to fraudulent activity by a third party.
Users removed from the platform for Fraudulent Activity will not be eligible to “cash out” any remaining balance after their account has been terminated.
8.6 Termination of the Program. YouNow reserves the right to change, suspend, or end this program at any time, for any reason, with or without advance notice.
8.7 Compliance. Jacksons Empire is subject to U.S. laws, and is committed to full compliance with applicable law. By agreeing to Jacksons Empire Partner Broadcaster Amendment, you warrant that You (1) are not located or domiciled; (2) do not have a place of business; and (3) are not conducting business (any of which would make Participant a ” Resident”) in a jurisdiction in which access to or use of the Service or points is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, or (3) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately cease using the Service and Jacksons Empire may refuse to deliver payments to You.
9.1. Access. In order to receive any benefits on the Service from holding cryptographic tokens issued by Jacksons Empire (” Points“), You must (a) complete the Approval Process described in 8.4 below, (b) link a digital wallet (such as MyEtherWallet, Metamask, or Mobile Wallet) (a ” Wallet“) to Your Jacksons Emppire Account by following the instructions we provide to You in the Service and (c) associate a certain Points balance (such balance may change from time to time) with the Wallet that you linked to Your Jacksons Empire Account. Points may be associated with the Wallet that you linked to Jacksons Empire Account either (i) upon receiving Props into that Wallet from an external source such that the Points were transferred to your Wallet by third parties or (ii) upon earning Point by taking certain actions as described below under “Earning Props” such that we send Points to the Wallet you associated with your Jacksons Empire Account. If You connect a Wallet with Your Jacksons Empire Account, You provide Jacksons Empire with the public address of your Wallet and authorize us to use that public address in connection with our provision of the Service, including to read the balance of Points therein, display the balance of Points in such Wallet to You through the Service or display to other users of the Service that You hold Points, and to send all Points you earn in connection with the Service to that Wallet. Jacksons Empire will send Props you may receive as rewards under these Terms only to this Wallet. You acknowledge that any balance of Points displayed does not refer to any credit balance of real currency, virtual currency, or its equivalent. By linking a Wallet to Your Jacksons Empire Account, You represent and warrant that You are the exclusive owner and controller of such Wallet and the contents of the Wallet, including all Props associated with that Wallet and all Props that we send to that Wallet, and have all necessary permissions to authorize us to access such Wallet as contemplated by us, the Service, and these Terms. You cannot sell, purchase, exchange, or grant Points through the Service. Further, by agreeing to the Terms, You agree to not transfer Your Jacksons Empire account to anyone else.
9.2. Rewarding Activities. We may reward certain activities that You may perform in the App, which may include without limitation: (1) Broadcasting or Guesting “Liked” content, which generally includes initiating a live stream or guesting within another user’s live stream in the Service, for which You receive “likes” from audience members, (2) Purchasing virtual Gifts which You may purchase in the Service, or giving virtual Gifts to other users (3) actively watching, which generally includes using the product on a screen in which video content is playing live for a certain amount of viewing time, in which the live video is in the foreground and the audio is not set to mute, liking, chatting or otherwise engaging with the content as the Company may specify at its sole discretion (“Active Watching”). The specific amount of any rewards to You after performing any of these activities will be determined in Jacksons Empire sole discretion. In addition, Jacksons Empire may in its sole discretion adjust the circumstances and types of activities that are rewarded in the app. The specific amount of rewards is determined by a formula that the Company may modify at any time in its sole discretion. You understand and agree that the amount of any rewards depends, in part, on the volume, audience, and nature of Content created by other users on the same calendar period and, thus, the same user activity may not have the same rewards on different calendar periods. Further, You agree that You are not entitled to earn or receive any rewards of any kind in connection with Your activity on the Service or Your Content or use of the Service in any of the following circumstances: (a) you are not at least 18 years of age or older (b) if one or more third parties claim rights to certain elements of Your Content except in cases where the Company’s policies or systems support sharing a portion of the revenues with You, as determined by the Company; (c) if the ability to receive rewards is disabled on Your Content by either You or the Company; or (d) Your Jacksons Empire Account is suspended, banned, erased, or terminated. The Company will use reasonable efforts to notify You if any of these circumstances should occur.
9.3 Points. “Points” are used to denominate the point-based eligibility for benefits that a user has accrued. Users earn Pending point in parallel for completing actions within the Jacksons Empire platform. The ratios between Tokens and Points are at the Company’s sole discretion and are subject to amendment from time to time, by the Company, without any prior notice. Unlike Props Tokens, Props Points are non-transferable and have no financial or capital value. Props Points are subject to reclaim and deletion by the Company at any time and for any reason
9.4. Pending points. If You perform an in-app activity that we determine to reward, the performance of this activity alone does not entitle you to receive Points. If you perform one of these activities, Jacksons Empire may indicate that you are provisionally entitled to receive Props by associating “Pending Points” with your Jacksons Empire account. Pending Points are not cryptocurrencies and are only accounting mechanisms used by Jacksons Empire to signify who is provisionally entitled to receive Points Tokens because they have completed certain in-app activities. Pending Points are not transferrable, and You may not transfer any Pending Props associated with Your Jacksons Empire Account. If we determine, in our sole discretion, that You have violated these Terms, in our sole discretion, we may cause You to forfeit all of the Pending Point and Points associated with Your Jacksons Empire Account.
9.5. Receiving Point. In order to receive Points, You must comply with these Terms. Pending Point may only become Points when (i) you have verified your identity with us through a KYC verification process and gone through an AML check, each as described below, (ii) you have supplied all tax forms requested by us and completed any other documentation requested by us in our sole discretion, (iii) you have linked a Wallet to Your Jacksons Empire Account by following the instructions we provide to You, (iv) we have completed all fraud checks or other checks we deem necessary to confirm that rewards are validly issued pursuant to these Terms, and (v) Jacksons Empire determines, in its sole discretion, that you are eligible to receive Point (collectively, (i) through (v) are the ” Approval Process“). In connection with the operation of the App, Jacksons Empire collects information from users that Jacksons Empire deems necessary to collect in order to complete know-you-client (KYC) verification and anti-money laundering (AML) checks. We may require that you provide all information that we, in our sole discretion, deem necessary in order to allow us to complete these checks. In addition, we may require that you have a minimum number of Pending Props, which number Jacksons Empire can adjust from time to time, before you can complete these required KYC and AML verifications. As a result, You must have a minimum level of Pending Points to any Points in connection with Your use of the Service.
9.6. If You fail to provide all information and documentation requested by us in connection with the Approval Process within 120 days following the date that we associated a Pending Prop with your user account, or if Jacksons Empire determines, in its sole discretion, that you are not eligible to receive Props, we may cancel the Pending Props, and you will not be entitled to receive any Props and / or Your Props Points in connection with any such Pending Props.
9.7. Transfer of Point. If Jacksons Empire determines You are eligible to receive Points, we may reward Your activities with Points in an amount equal to the number of Pending Points for which all of the above-described steps have completed. In order to complete a reward of Props, Jacksons Empire will initiate a transaction on the Ethereum blockchain that will cause the requisite number of Props to be associated with Your Wallet. In order to minimize costs associated with effecting transactions on the Ethereum blockchain, Jacksons Empire may effect these transactions on a weekly, monthly, or less frequent, basis and any issuance to You will occur only in connection with the next-occurring issuance or, if the award cannot be made at the next-occurring issuance in a commercially reasonable manner, then the award will be effected as soon as reasonably practicable. Upon the initiation of this transaction, the corresponding Pending Points will be cancelled in Your Account. Blockchain Gas fees (transaction fee) will apply to any Transfer of Points and will be charged to your balance of Points and will result in securing Less Props Tokens into your Wallet or removing an amount of Pending Points from your balance or both.
9.8. Points Functionality / Points Benefits. Points may provide users with premium functionality within the Service. These functionalities may include, without limitation: (1) Level Status: the more Points a user has, the higher their status level display associated with that user within the service is; and (2) Bar daily stipend: users on Jacksons Empire may receive a daily stipend of Bars, and users who have a certain balance of Points, may receive additional daily Bars according to a schedule published by Jacksons Empire from time to time and may be adjusted in the Comany’s sole discretion. These benefits may vary based on the level of Props Points holdings that a user has. For example, users with more Points will be afforded higher “Level Status” within the app and may receive daily Bar stipends in greater amounts.
9.9. We may in our sole discretion modify these functions for Your Points. For example, we may adjust how “Level Status” is displayed, the varying levels of statuses, what benefits are afforded to these statuses, when Bar stipends are given to users, and the specific amount of Bar stipends afforded to any users. We may add to or remove these basic functionalities for Props Points in the app in the future.
9.10. Notwithstanding anything in these Terms to the contrary, if You violate these Terms, we reserve the right in our sole discretion to remove you from the Service and deny You the benefits of these functions in their entirety. As a result, if you violate these Terms, You may not ever enjoy the benefits we afford to other users who hold Points, pending Points or Points Tokens. In addition, if Jacksons Empire discontinues or ceases providing the Service, or substantially reduces the functionality of the Service, for any reason, then you may not be able to continue enjoying the benefits associated with Points or Pending Points.
9.11. Jacksons Empire may terminate Your eligibility to receive rewards in connection with Your activity or Your Content or the Service for any reason without prior notice to You. If You decide to terminate Your Jacksons Empire Account or participation in this rewards program, Jacksons Empire may NOT be able to complete any pending rewards to You, and for the avoidance of doubt, You will have no right to receive any rewards and your Pending Props and Props Points may be cancelled. Additionally, Jacksons Empire may suspend or terminate Your Jacksons Empire Account, or otherwise terminate Your participation in the rewards program or in connection with the Service, immediately and without notice if Jacksons Empire determines or suspects, in its sole discretion, that You have violated the Terms or any other agreement between You and, on the other hand, Jacksons Empire or any of its affiliates. Upon termination of Your Jacksons Empire Account or Your participation in the rewards program, all other rights and duties of the Parties toward each other shall cease.
9.12. No Employment. You are engaging Jacksons Empire for the use of the Service, including the App, and ability to potentially receive Points. You are not an employee of Jacksons Empirre or any affiliated entity. In the event that any court or agency determines that you performed services for Jacksons Empire or any affiliated entity, you agree that it is the express intention of Jacksons Empire and You that Your participation on the App and through the Service is as an independent contractor to Jacksons Empire. Nothing in these Terms shall in any way be construed to constitute You acting as an agent, employee or representative of Jacksons Empire. You acknowledge and agree that You are obligated to report as income all compensation received in connection with your use of the Service. You agree to and acknowledge the obligation to pay all self-employment and other taxes on such income. You further acknowledge and agree that you are not required to make or share Content nor do you have any schedule or requirements related thereto except as provided herein.
9.13. No Advice. Jacksons Empire is not providing any advice relating to the Points or the advisability of using the Service for the purpose of receiving any Points, and you agree that you have received and have had an opportunity to review the Points Offering Circular and all the information, including risk factors, described therein. You agree that you are using the Service without being furnished any offering literature other than the Props Offering Circular, and that you are making Your decision to participate and use the Service, including for purposes of obtaining Props, solely in reliance upon the information contained in the Points Offering Circular and upon any investigation made by You, but not on any recommendation to participate or use the Service by Jacksons Empire or any of its affiliates.
9.14. Rights. You agree and understand that the receipt of Points (i) does not provide You with rights of any form with respect to the Company or its revenues or assets, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights, (ii) is not a loan to the Company, (iii) does not create any binding obligation enforceable against the Company with respect to Props following their delivery, and (iv) does not provide You with any ownership or other interest in Jacksons Empire or its platform or the Service.
9.15. Sufficient Knowledge. By linking a Wallet to Your Jacksons Empire Account, You agree and represent that You have sufficient knowledge, understanding, and experience, in financial and business matters, and of the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens, token wallets and other token storage mechanisms, public and private key management, blockchain technology, and blockchain-based software systems, including Jacksons Empire network and platform, to understand the terms of these Terms and the Point Offering Circular, and such knowledge, understanding, and experience enables You to evaluate the merits and risks of using the Service for purposes of obtaining Props.
9.16. Participation for Own Account. By linking a Wallet to Your Jacksons Empire Account, You agree and represent that You are using the Service for and receiving any Points in connection with the Service solely for the Your own account, and not with a view toward or in connection with distribution, subdivision or fractionalization thereof. You agree not to engage in underwriting or other distribution activity. You have no agreement or other arrangement, formal or informal, with any person or entity to sell, transfer or pledge any Points, or which would guarantee You any profit, or insure against any loss with respect to Points, and You have no plans to enter into any such agreement or arrangement.
9.17. Location. By linking a Wallet to Your Jacksons Empire Account, You represent and warrant that You: (a) (1) are not located or domiciled; (2) do not have a place of business; and (3) are not conducting business (any of which would make Participant a ” Resident“) in a jurisdiction in which access to or use of the Service or Points is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) a Resident of, or located in, a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, or (3) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately cease using the Service and Props and Jacksons Empire may refuse to deliver Points to You. In addition, you represent and warrant that you are not a Resident of the states of Arizona, North Dakota or Texas.
9.18. Protections. You understand acknowledge and agree that the distribution of Points contemplated in these Terms and the Points Offering Circular is not fully registered with the Securities Exchange Commission because it is being made in reliance on Regulation A under the Securities Act, which exempts the Company from certain reporting and other requirements related to the Company, Points and their sale, and that the Company is not registered or licensed with any federal or state regulator as an investment adviser, broker-dealer, money services business, money transmitter, or virtual currency business, or under the Investment Advisers Act of 1940, as amended (the “Advisers Act”) or the Investment Company Act of 1940 (“1940 Act”). As a result, You will not be afforded the full set of protections provided to the clients and customers of such entities under the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), the Advisers Act or the 1940 Act, or any money services business, money transmitter, or virtual currency laws.
9.19. Compliance with Law. It is the intent of the Company and its affiliates to comply with all applicable federal, state and local laws designed to combat money laundering and similar illegal activities. By linking a Wallet to Your Jacksons Empire Account, You represent, covenant, and agree that, to the best of Your knowledge based on reasonable investigation:
9.19.1. When requested by the Company, You will provide any and all additional information to the Company, and You understand and agree that the Company or any of its affiliates may release confidential information about You and, if applicable, any underlying beneficial owner or related person to U.S. regulators and law enforcement authorities, deemed by the Company reasonably necessary to ensure compliance with all applicable laws and regulations concerning money laundering and similar activities. The Company reserves the right to request any information as is necessary to verify Your identity and the source of any payment to the Company. In the event of delay or failure by You to produce any information required for verification purposes, participation in Service for Point by You may be refused.
9.19.2. Neither You nor any person for whom You are acting as agent or nominee in connection with use of the Service is: (a) a Prohibited Participant (as defined below); (b) senior foreign political figure, (c) any member of a senior foreign political figure’s “immediate family,” which includes the figure’s parents, siblings, spouse, children and in-laws, or any close associate of a senior foreign political figure, (d) or a person or entity resident in, or organized or chartered under, the laws of a non-cooperative jurisdiction; (e) or a person or entity resident in, or organized or chartered under, the laws of a jurisdiction that has been designated by the U.S. Secretary of the Treasury under Section 311 of the Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 as warranting special measures due to money laundering concerns. “Prohibited Participant” shall mean a person or entity whose name appears on (i) the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Office of Foreign Assets Control; (ii) other lists of prohibited persons and entities as may be mandated by applicable law or regulation; or (iii) such other lists of prohibited persons and entities as may be provided to any Blockstack Party in connection therewith.
9.19.3. You agree to immediately notify the Company if You know, or have reason to suspect, that any of the representations or warranties in this Section 8 have become incorrect or if there is any change in the information affecting these representations and warranties.
9.20. Tax. You agree that upon the Company’s request, You must provide the Company with appropriate tax forms or other applicable Internal Revenue Service forms and any additional documentation required by the Company as may be requested from time to time by the Company in order to comply with applicable law, in order to continue to receive Points. Further, You agree that, as an independent contractor, You shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any Points paid to You under these Terms.
9.21. Use of Points. By linking a Wallet to Your Jacksons Empire Account, You agree that you are responsible for using Points in accordance with applicable law, including with respect to making your own determination as to whether any transfer of Points by you is in compliance with state and foreign securities laws, as applicable.
10.1. Jacksons Empire may offer access to certain parts of the Service on a subscription basis (” Subscriptions“). Subscriptions shall be for a specified term selected by You through the Service. Subscription-based parts of the Service may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless You cancel Your Subscription before the monthly Renewal Date that is disclosed to You when You activate Your Subscription, and through the Settings portion of the Service (in which case You may be responsible for making payments through the end of that calendar month). We may or may not notify You of upcoming Renewal Dates.
10.2. You agree to pay Your Subscription fee in advance of receiving any Subscription-based part of the Service. Jacksons Empire reserves the right to discontinue or modify any Subscription fee payment option. You are responsible for all charges incurred under Your Jacksons Empire Account and You are responsible for timely cancelation of Your Subscription regardless of whether You receive any notice from us. Jacksons Empire reserves the right to deactivate Subscription-based parts of the Service to Your Jacksons Empire Account if payment is past due, regardless of the dollar amount.
10.3. If You choose a Subscription-based service, You hereby grant Jacksons Empire permission to automatically charge the Subscription fee to Your chosen payment method at the beginning of each applicable payment period. Your access to Subscription-based services will not be established until Jacksons Empire has verified that the credit card or other payment information You provide for payment is accurate and that Your payment method account is in good standing.
10.4. You are required to keep Your billing information current, complete and accurate (for example, if You move, be sure to update Your billing address, if You get a new credit/debit card, make sure You update the card number and/or expiration date) and notify Jacksons Empire if Your selected payment method is cancelled (e.g., for loss or theft).
10.6. You may choose not to renew Your Subscription-based part of the Service at any time by selecting the “Cancel Subscription” option under the Subscriptions page or by contacting Support. Your cancellation is effective at the end of the current Subscription term.
10.7. Jacksons Empire reserves the right to change, modify or cancel the Subscription program as it sees fit. All alterations to the Subscription program will apply to all participants.
11.1 Jacksons Empire complies with all Federal and International regulation guidelines.
11.2 Payment processcesor may request additional verification to confirm any payments are in line with Federal and International regulation guidelines.
12. ACCOUNT TERMINATION
12.1 Jacksons Empire reserves the right to suspend or terminate an account at their sole discretion. This includes, but not limited to, (A) violations of our Terms of Service, (B) engaging in fraudulent activity, (C) violation of our User Guidelines, (D) technical or legitimate business reasons
12.2 If you feel your account has been wrongfully terminated, please contact Support for review. Please note Jacksons Empire is under no obligation to overturn a decision made regarding account removal.
13. REMOVAL OF CONTENT; MODIFICATION AND TERMINATION OF THE SERVICE
13.2. Modification of the Service. Jacksons Empire reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Jacksons Empire will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. FEEDBACK FROM YOU
14.1. While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Jacksons Empire, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Jacksons Empire may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
14.2. To provide such submissions or feedback, please contact us https://www.jacksonsempire.com/site/contact-je/
15. COPYRIGHT INFRINGEMENT POLICY
15.1. Jacksons Empire is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Jacksons Empire will promptly terminate the accounts of users that are determined by Jacksons Empire to be repeat infringers.
15.2. If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (” Designated 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 within the Service are covered by a single notification, a representative list of such works that appear within the Service;
- 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 under penalty of perjury that the information in the notification is accurate, and You are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
15.3. Jacksons Empire will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Jacksons Empire will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
15.4. Jacksons Empire may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Jacksons Empire may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
15.5. Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by contacting https://www.jacksonsempire.com/site/contact-je/ all proper documentation to with the words “Attn Copyright Infringement Designated Agent” in the subject line.
16. WARRANTIES AND DISCLAIMERS
16.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
16.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Service contains the opinions and views of its users. Jacksons Empire does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content from users made available through the Service.
16.4. Please also note that the Service is controlled and offered by Jacksons Empire from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Jacksons Empire makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
17. LIABILITIES AND INDEMNITIES
18. PLATFORM PROVIDERS
18.1. Platform providers, such as Apple Inc. and Google Inc. that make the App available for download (” Platform Providers“) are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to deliver any product or service purchased by You through the App, You may notify the applicable Platform Provider, and such Platform Provider may refund payments made for such purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims alleging infringement of intellectual property; and (iv) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims. Platform Providers are third party beneficiaries of this Section 15, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this Section 15 against You.
20. DISPUTE RESOLUTION
20.3. No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
20.4. Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor (” AAA“) in South Carolina, South Carolina, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in New York, New York. If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
20.5. Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
20.8. The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties’ attorneys and their staff, and any experts retained by the parties, or as required by law.
20.9. Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
21.2 Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless Jacksons Empire and all Related Parties from any and all Losses suffered by Jacksons Empire or such Related Parties arising out of Your failure to comply with the foregoing obligations.