J4 Design Games: The Ultimate Adventure

Terms & Conditions

Effective Date: 7/1/2024 

J4 Design PA, LLC (“J4PA”) application PRO Fantasy Coaching Game (the “App”). Please carefully read these Terms and Conditions (“Terms” or “Agreement”) and our Privacy Policy, which is incorporated into these Terms by this reference. These Terms apply to your use of the  J4 Design PA, LLC (“J4PA”) application PRO Fantasy Coaching Game (the “App”). J4 Design PA, LLC (“J4PA”) wishes to obtain the benefit of your use and feedback of the App as provided in these Terms and out Privacy Policy.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE APP.

PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH J4PA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The App is not intended for the use of children under 18 and no such person is authorized to use it. By using the App, you are representing that you are at least 18 years old. You also represent, by accessing or using the App, that you are of legal age to enter into legal agreements.

J4PA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. Your continued use of the App following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.

License to Use

You agree to be a user for the App, as the App may be updated from time to time by J4PA. Subject to the terms and conditions of this Agreement, J4PA hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensible license to access and use the App solely for the purpose of using, evaluating, and testing the App during the App Test Term (defined below). Such access and use are limited to your personal use.

Provision of Feedback

You are invited to use and evaluate the App, and you may, but are not obliged to, provide feedback, ideas, suggestions, improvements, and the like with respect to the App (“Feedback”); provided, however, that all Feedback provided either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) will be the property of J4PA. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to J4PA and agrees to assist J4PA, at J4PA’s expense, in perfecting and enforcing such rights. J4PA may disclose or use Feedback for any purposes whatsoever without any obligation to you.

Property Rights and Restrictions

The App is proprietary to and the property of J4PA and its licensors. Unless otherwise noted, all test, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the App is owned, controlled or licensed by or to J4PA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. All applicable intellectual property rights in or associated with the App are and will remain in J4PA, and you shall have no such intellectual property rights in the App. Except as expressly set forth in this Agreement, no other rights or licenses, express or implied, are granted under this Agreement.

Expect as expressly provided in these Terms, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without J4PA’s express prior written consent. You acknowledge and agree that the App and is functionality and other information related to or describing the App are the confidential information of J4PA. You will not use the App and other information related to or describing the App except as expressly authorized under this Agreement nor disclose the App, it's functionality and other information related to or describing the App to any third party.

All use of the App by individuals authorized to use them by you will be considered use by you, and you shall be fully liable for each such individual’s compliance with this Agreement. You will notify J4PA promptly of any unauthorized access or use of the App that violates this Agreement. You will not, and will not permit any other party or individual to, directly or indirectly reverse engineer, attempt to derive the source code of, copy or reproduce all or any portion of the App or any documentation related to it, whether electronically, mechanically or otherwise, in any form including, but not limited to, copying presentation, look and feel, style, or organization. You will use the App and documentation related to it solely for their intended purposes and will not use them for the benefit of any third party. You will not use the App: (i) in violation of any applicable law, regulation, or standard; (ii) in a manner such that any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information are entered into the App; or (iii) in violation of the documentation or other instructions or guidance provided by J4PA and made available to you from time to time. You shall be solely responsible for maintaining all passwords and access codes to the App and/or any dashboard related thereto and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes. Any other software or services that are included in the App are are not proprietary to J4PA shall have the right to immediately suspend access to the App if your use or access of the App results in a risk of loss or damage to the App, J4PA’s other systems, or the data property of any other J4PA customer or supplier.

Disclaimer of Warranty

By its nature, the App may contain errors, bugs, and other problems that could cause system failure, and the features of the App may not yet be complete. There is no guarantee of the continuing functionality of App. Because the App is subject to change, J4PA reserves the right to alter the App at any time, and any reliance on the App is at your own risk. YOU ACCEPT THE APP “AS IS.” J4PA MAKES NO WARRANTY OF ANY KIND REGARDING THE APP. J4PA HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.

Term and Termination

The term of this Agreement shall begin on the Effective Date and shall continue until terminated at J4PA’s sole discretion.

You agree that J4PA may, in its sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the App and/or block your future access to the App in whole or in part, at any time.

You may terminate your account with J4PA at any time by clicking the “Delete User Data” button on the settings page of the App, or by providing notice to us and by deleting your account. Termination of your account does not affect J4PA’s right to use data or information as provided in our Privacy Policy.

You also agree that any violation by you of these Terms will cause irreparable harm to J4PA for which monetary damages would be inadequate, and you consent to J4PA obtaining any injunctive or equitable relief that J4PA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies J4PA may have at law or in equity.

Limitation of Liability

IN NO EVENT SHALL J4PA BE RESPONSIBLE OR LIABLE TO YOU OR ANY THRID PARTY UNDER ANY CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHER THEORY, FOR ANY GENERAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE APP, THE SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BY USING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

The foregoing limitations apply even if any of the events or circumstances giving rise to such damages were foreseeable and even if J4PA was advised of or should have known of the possibility of such losses or damages.

Except as otherwise required by applicable law, if, notwithstanding the other provisions of these Terms, J4PA is found to be liable to you for any damages or losses which arise out of or are in any way connected to these Terms or you use of the App, the total aggregate liability of J4PA for any and all such claims, regardless of the form of action, is limited to US$50.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Privacy and Data Security

Please refer to J4PA’s Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the App may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

· An electronic or physical      signature of the person authorized to act on behalf of the owner of the      copyright’s interest;

· description of the copyrighted      work that you claim has been infringed;

· description of the material that      you claim is infringing and where it is located on the Services;

· identification of the URL or      other specific location on the Services where the material that you claim      is infringing is located;

· your address, telephone number,      and email address;

· 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;

· statement by you, made under      penalty of perjury, that the above information in your notice is accurate      and that you are the copyright owner or authorized to act on the copyright      owner’s behalf.

You can contact our Copyright Agent via email at info@j4designgames.com or by mail at Copyright Agent, c/o J4 Design PA, LLC, J4 Design PA, LLC at 110 Fan Ct., Sewickley PA 15143.

Links to Other Sites

The App may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under J4PA’s control, and J4PA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by J4PA), and hold harmless J4PA its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "J4PA Parties") from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any of the J4PA Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of the App, or your conduct or activities in connection with the App, (b) your violation or alleged violation of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of the App or your conduct in connection with the App; (d) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (e) any misrepresentation made by you. You agree to promptly notify the J4PA Parties of any third-party Claims, cooperate with the applicable J4PA Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the J4PA Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant J4PA Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and J4PA or the other J4PA Parties.

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania excluding its conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH J4PA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in Pittsburgh, Pennsylvania.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Pittsburgh, Pennsylvania for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Users Outside of the United States

Although the App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

When you access or use the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by J4PA, constitute the entire agreement between you and J4PA with regard to your use of the App.

J4PA’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by J4PA of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between you and J4PA as a result of this Agreement or use of the App.

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. J4PA may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of J4PA or to another third party in the event that some or all of the business of J4PA is transferred to such other third party by way of merger, sale of its assets or otherwise.

Canada

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us if you have any questions about these Terms. You may contact us by sending correspondence to us at J4 Design PA, LLC at 110 Fan Ct, Sewickley PA or emailing us at info@j4designgames.com.

 Terms & Conditions

Effective Date: 7/1/2024 

J4 Design PA, LLC (“J4PA”) application Fantasy Coaching Game College (the “App”). Please carefully read these Terms and Conditions (“Terms” or “Agreement”) and our Privacy Policy, which is incorporated into these Terms by this reference. These Terms apply to your use of the  J4 Design PA, LLC (“J4PA”) application Fantasy Coaching Game College (the “App”). J4 Design PA, LLC (“J4PA”) wishes to obtain the benefit of your use and feedback of the App as provided in these Terms and out Privacy Policy.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE APP.

PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH J4PA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The App is not intended for the use of children under 18 and no such person is authorized to use it. By using the App, you are representing that you are at least 18 years old. You also represent, by accessing or using the App, that you are of legal age to enter into legal agreements.

J4PA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. Your continued use of the App following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.

License to Use

You agree to be a user for the App, as the App may be updated from time to time by J4PA. Subject to the terms and conditions of this Agreement, J4PA hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensible license to access and use the App solely for the purpose of using, evaluating, and testing the App during the App Test Term (defined below). Such access and use are limited to your personal use.

Provision of Feedback

You are invited to use and evaluate the App, and you may, but are not obliged to, provide feedback, ideas, suggestions, improvements, and the like with respect to the App (“Feedback”); provided, however, that all Feedback provided either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) will be the property of J4PA. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to J4PA and agrees to assist J4PA, at J4PA’s expense, in perfecting and enforcing such rights. J4PA may disclose or use Feedback for any purposes whatsoever without any obligation to you.

Property Rights and Restrictions

The App is proprietary to and the property of J4PA and its licensors. Unless otherwise noted, all test, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the App is owned, controlled or licensed by or to J4PA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. All applicable intellectual property rights in or associated with the App are and will remain in J4PA, and you shall have no such intellectual property rights in the App. Except as expressly set forth in this Agreement, no other rights or licenses, express or implied, are granted under this Agreement.

Expect as expressly provided in these Terms, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without J4PA’s express prior written consent. You acknowledge and agree that the App and is functionality and other information related to or describing the App are the confidential information of J4PA. You will not use the App and other information related to or describing the App except as expressly authorized under this Agreement nor disclose the App, it's functionality and other information related to or describing the App to any third party.

All use of the App by individuals authorized to use them by you will be considered use by you, and you shall be fully liable for each such individual’s compliance with this Agreement. You will notify J4PA promptly of any unauthorized access or use of the App that violates this Agreement. You will not, and will not permit any other party or individual to, directly or indirectly reverse engineer, attempt to derive the source code of, copy or reproduce all or any portion of the App or any documentation related to it, whether electronically, mechanically or otherwise, in any form including, but not limited to, copying presentation, look and feel, style, or organization. You will use the App and documentation related to it solely for their intended purposes and will not use them for the benefit of any third party. You will not use the App: (i) in violation of any applicable law, regulation, or standard; (ii) in a manner such that any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information are entered into the App; or (iii) in violation of the documentation or other instructions or guidance provided by J4PA and made available to you from time to time. You shall be solely responsible for maintaining all passwords and access codes to the App and/or any dashboard related thereto and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes. Any other software or services that are included in the App are are not proprietary to J4PA shall have the right to immediately suspend access to the App if your use or access of the App results in a risk of loss or damage to the App, J4PA’s other systems, or the data property of any other J4PA customer or supplier.

Disclaimer of Warranty

By its nature, the App may contain errors, bugs, and other problems that could cause system failure, and the features of the App may not yet be complete. There is no guarantee of the continuing functionality of App. Because the App is subject to change, J4PA reserves the right to alter the App at any time, and any reliance on the App is at your own risk. YOU ACCEPT THE APP “AS IS.” J4PA MAKES NO WARRANTY OF ANY KIND REGARDING THE APP. J4PA HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.

Term and Termination

The term of this Agreement shall begin on the Effective Date and shall continue until terminated at J4PA’s sole discretion.

You agree that J4PA may, in its sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the App and/or block your future access to the App in whole or in part, at any time.

You may terminate your account with J4PA at any time by clicking the “Delete User Data” button on the settings page of the App, or by providing notice to us and by deleting your account. Termination of your account does not affect J4PA’s right to use data or information as provided in our Privacy Policy.

You also agree that any violation by you of these Terms will cause irreparable harm to J4PA for which monetary damages would be inadequate, and you consent to J4PA obtaining any injunctive or equitable relief that J4PA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies J4PA may have at law or in equity.

Limitation of Liability

IN NO EVENT SHALL J4PA BE RESPONSIBLE OR LIABLE TO YOU OR ANY THRID PARTY UNDER ANY CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHER THEORY, FOR ANY GENERAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE APP, THE SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BY USING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

The foregoing limitations apply even if any of the events or circumstances giving rise to such damages were foreseeable and even if J4PA was advised of or should have known of the possibility of such losses or damages.

Except as otherwise required by applicable law, if, notwithstanding the other provisions of these Terms, J4PA is found to be liable to you for any damages or losses which arise out of or are in any way connected to these Terms or you use of the App, the total aggregate liability of J4PA for any and all such claims, regardless of the form of action, is limited to US$50.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Privacy and Data Security

Please refer to J4PA’s Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the App may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

· An electronic or physical      signature of the person authorized to act on behalf of the owner of the      copyright’s interest;

· description of the copyrighted      work that you claim has been infringed;

· description of the material that      you claim is infringing and where it is located on the Services;

· identification of the URL or      other specific location on the Services where the material that you claim      is infringing is located;

· your address, telephone number,      and email address;

· 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;

· statement by you, made under      penalty of perjury, that the above information in your notice is accurate      and that you are the copyright owner or authorized to act on the copyright      owner’s behalf.

You can contact our Copyright Agent via email at info@j4designgames.com or by mail at Copyright Agent, c/o J4 Design PA, LLC, J4 Design PA, LLC at 110 Fan Ct., Sewickley PA 15143.

Links to Other Sites

The App may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under J4PA’s control, and J4PA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by J4PA), and hold harmless J4PA its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "J4PA Parties") from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any of the J4PA Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of the App, or your conduct or activities in connection with the App, (b) your violation or alleged violation of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of the App or your conduct in connection with the App; (d) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (e) any misrepresentation made by you. You agree to promptly notify the J4PA Parties of any third-party Claims, cooperate with the applicable J4PA Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the J4PA Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant J4PA Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and J4PA or the other J4PA Parties.

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania excluding its conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH J4PA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in Pittsburgh, Pennsylvania.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Pittsburgh, Pennsylvania for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Users Outside of the United States

Although the App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

When you access or use the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by J4PA, constitute the entire agreement between you and J4PA with regard to your use of the App.

J4PA’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by J4PA of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between you and J4PA as a result of this Agreement or use of the App.

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. J4PA may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of J4PA or to another third party in the event that some or all of the business of J4PA is transferred to such other third party by way of merger, sale of its assets or otherwise.

Canada

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us if you have any questions about these Terms. You may contact us by sending correspondence to us at J4 Design PA, LLC at 110 Fan Ct, Sewickley PA or emailing us at info@j4designgames.com.