Terms & Conditions
Capitalized terms have the meanings defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.
- Application means the software program provided by the Organization downloaded by You on any electronic device, named “JKL: After School Program”.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Device means any device that can access the Service, including, but not limited to, a computer, a cellphone or a digital tablet.
- Materials or Content refers to any comment areas, questionnaires, tools, and other interactive features that may be contained in the Service where You can share and display Your content, information, postings, materials, including without limitation, statements, photographs, video and other images.
- Organization (referred to as either “the Organization“, “We“, “Us” or “Our” in these Terms) refers to just keep livin foundation, 1107 Glendon Ave., Los Angeles, CA 90024-3501.
- Service refers to the Application or the Website or both.
- Terms and Conditions (also referred as these “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Organization regarding the use of the Service.
- Website or Site refers to the Organization’s Website, accessible from www.justkeeplivin.org/.
- You or Your means the individual accessing or using the Service or any other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These Terms and Conditions govern the use of the Service as between You and the Organization and set out the rights and obligations of all users with regard to the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access or otherwise use the Service and are instructed to exit the Service immediately. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
Use of Services
Our Services and the information and content they deliver, including, but not limited to logos, photos, and video content (collectively, the “JKL Properties”) are protected by copyright and other intellectual property laws throughout the world, including trademark, service mark, and trade name. As between You and Us, We are the sole owner of all rights (or are owned or controlled by the Organization, its affiliates and licensors), title and interest in and to the JKL Properties, including all intellectual property rights contained therein. Unless otherwise specified by the Organization in a separate license, Your right to use any JKL Properties is subject to these Terms.
The Organizationmay change, suspend, or discontinue any aspect of the Service at any time. The Organization, its suppliers and service providers reserve all rights not granted in these Terms.
The Organization is committed to complying with copyright and related laws, and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If You believe that Your work has been copied and posted on the Service by the Organization in a way that constitutes copyright infringement, please provide the Organization’s designated agent with a written communication containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located to permit the Organization to locate the material;
- Your address, telephone number, and email address;
- a 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; and
- a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf. The Organization’s designated agent for notice of claims of copyright infringement can be reached by e-mail at the following address: [email protected].
You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be in accordance with these Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service, including the Website, in any manner not expressly permitted by these Terms or the Service. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not frame or use framing techniques to enclose any trademark, logo, or other services of the Organization. You shall not:
- Use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to “scrape” or download, copy, or monitor data from any web pages or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service;
- Attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by the Organizationor to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate or prohibited means;
- Probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service;
- Reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of the Organization or networks connected to the Service;
- Use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service;
- Use the Service to harvest or collect e-mail addresses or other contact information;
- Market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of the Organization;
- Create an intact reproduction of a page or pages of the Service into another service;
- Use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Organization; or
- Remove or destroy any copyright notices or other proprietary marking contained on or in the Service. Any updates or additions to the Service will be subject to these Terms. The Organization, its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of the Service terminates the licenses granted by the Organization pursuant to these Terms.
By downloading, accessing, or using the Service in order to view information and materials, You represent that You are: (i) at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) registered to the extent required, and have not been previously restricted, suspended or terminated by the Organization; and (iii) not using another authorized user’s account without that person’s permission.
User Submission and Responsibility of Content
You acknowledge You are solely responsible for any Materials You provide and all content is the sole responsibility of the party from whom such Content originated. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to the Organizationand its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. Additionally, You agree that by using the Service, You will not post or transmit any of the following:
- Anything that interferes with or disrupts the Service or its operation;
- Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
- Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
- Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Materials that harm minors;
- Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
No Obligation to Pre-Screen Content
You acknowledge that the Organization has no obligation to pre-screen Content, although the Organization reserves the right in its sole discretion to pre-screen, refuse or remove all Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that the Organization pre-screens, refuses or removes any Content, you acknowledge that the Organization will do so for the Organization’s benefit, not yours. Without limiting the foregoing, the Organization shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Organization. The Organization has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
You agree to indemnity, defend and hold the Organization and its subsidiaries, officers, employees, agents, partners and licensors harmless from and against any and all claims, actions, losses, costs, liabilities, demands, damages, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of Your use of the Service:
- Your Content;
- Your use of, or inability to use, the JKL Property;
- Your violation of these Terms;
- Your violation of any rights of another party, including any users; or
- Your violation of any applicable laws, rules or regulations.
The Organizationreserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Organizationin asserting any available defenses. You agree that the provisions in this section will survive any termination of Your Account, these Terms or Your access to the JKL Properties.
Limitation of Liability
You understand and agree that to the maximum extent permitted by applicable law, in no event shall the Organization or its suppliers be liable for any special, incidental, direct, indirect, punitive, exemplary, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Organization or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Notwithstanding the above, the maximum liability of the Organization and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You have not purchased anything through the Service.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Organization, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Organization provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Organization nor any of the Organization’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Organization are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Organization.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The JKL Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in Your country. These references do not imply that the Organization intends to announce such Services or Content in Your country. The JKL Properties are controlled and offered by the Organization from its facilities in the United States of America. The Organization makes no representations that the JKL Properties are appropriate or available for use in other locations. Those who access or use the JKL Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure of the Organization to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify, remove or replace these Terms at any time, and such changes shall become effective immediately upon posting. It is Your responsibility to review these Terms prior to each use of the Service.
By continuing to access or use the Service after any revisions become effective, You agree to be bound by those revised terms. If You do not agree to the new terms, in whole or in part, You may not access or otherwise use the Service and are instructed to exit the Service immediately.
If You have any questions about these Terms and Conditions, You can contact Us
by email: [email protected]