IF YOU ARE A RESIDENT OF ARIZONA, CALIFORNIA, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO OR WISCONSIN, THE TERMS AND CONDITIONS OF SERVICE MAY PROVIDE YOU WITH ADDITIONAL RIGHTS. FIND YOUR STATE IN THE CHART BELOW AND READ THE CORRESPONDING SECTION FOR MORE INFORMATION.
Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin
WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF USERS OF OUR SERVICES. It is therefore important, that before registering for or using our services, you carefully read, understand, and abide by all of the information below, including the safety information in Section 9.
These terms and conditions of service are a legal agreement (“Agreement”) between you as a registered user of our services (“you”, “your”, “Registered User” or “Registered Users”) and Justlin Ltd., a Private Limited Company organized under the laws of Malta (“Justlin”, “us”, “our”, or “we”), which can be contacted by email to firstname.lastname@example.org or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
To become a Registered User, you must check a box confirming that you accept the terms of this Agreement. And, as described in Section 3, we reserve the right to make changes to this Agreement. However, when we make changes to this Agreement, we will let you know. See Section 3 for more details.
As a Registered User, this Agreement applies to your:
- access to or use of the linduu.us website on any device or platform (including, but not limited to, mobile phones, personal computers, and gaming devices) (the “Website”);
- downloading and use of any linduu.us applications, including but not limited to downloading linduu.us applications from an external platform, including the iOS (App Store) or Android (Google Play) platforms, (the “App”, “Apps”, “Application” or “Applications”); and
- your registration for and access or use of any features that we provide to you through the Website or Applications, including, but not limited to, any features you can access by shaking or rapidly moving your mobile phone or other electronic device (the “Features”).
The Website, the Applications, the Features are, individually, “a Service” or collectively, “the Services.”
You acknowledge that this Agreement is between you and Justlin only, and neither Apple, nor Google, nor any other person or company is a party to this Agreement. You also acknowledge that only Justlin – and neither Apple, nor Google nor any other person or company – is responsible for your access to and use of our Applications and any Application content under the terms of this Agreement.
1. SPECIAL NOTICE FOR CALIFORNIA RESIDENTS
If you are a resident of California you may request a refund, without penalty or obligation, at any time prior to midnight of the third business day following the date you purchased Coins to access any of our Paid Features.
If you paid using an App that you downloaded from an external platform (such as the iOS App Store or Google Play), you must request a refund through the external platform. For more details on requesting a refund through an external platform, see section 11.h. All other users may request a refund by sending an email to email@example.com or a signed and dated letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a refund:
- a statement that you are requesting a refund (or words of similar effect);
- your first and last name;
- your California address; and
- the email address that you used to register your account and/or make a purchase.
For information regarding our general terms of sale and refund policy, see Section 11, below.
Justlin conducts its business at the following address: Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. You can reach Justlin by telephone at (888) 457-3510. You can have a copy of this Agreement emailed to you by sending an email to firstname.lastname@example.org or a letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a copy of this Agreement:
- a statement that you, the Registered User, are requesting a copy of this Agreement (or words of similar effect);
- your first and last name;
- your California address; and
- the email address that you used to register your account and/or make a purchase.
For a description of any fees we charge for the use of our Services, see Section 11. If you have any complaint or need more information regarding our Services, you can contact us at the mailing address or email address listed above.
As described in California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of The Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
2. SPECIAL NOTICE FOR RESIDENTS OF ARIZONA, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO AND WISCONSIN
If you are a resident of Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin you may request a refund, without penalty or obligation, at any time prior to midnight of the third business day following the date you purchased Coins to access any of our Paid Features.
How you can request a refund depends on how you paid for Services. If you paid using an App that you downloaded from an external platform such as the iOS App Store or Google Play, you must request a refund through the external platform. For more details on requesting a refund through an external platform, see section 11.h.. All other users may request a refund by sending an email to email@example.com or a signed and dated letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a refund:
- a statement that you are requesting a refund (or words of similar effect);
- your first and last name;
- your Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin address; and
- the email address that you used to register your account and/or make a purchase.
For information regarding our general terms of sale and refund policy, see Section 11, below.
3. CHANGES TO THIS AGREEMENT
We reserve the right to make changes to this Agreement. If we decide to make changes to this Agreement, we will notify you by sending an email to you at the email address you used to register your account and posting the revised version of the Agreement to this page.
If we have notified you, as described above, regarding changes to this Agreement and you do not agree with those changes, your only option and your only remedy is to stop using our Services.
If we have notified you, as described above, regarding changes to this Agreement and you continue to use our Services or check a box confirming your acceptance of the new version of this Agreement, you have agreed to the changed version of this Agreement.
You can review prior versions of this Agreement by accessing our terms and conditions archive.
4. COMPATABILITY, MODIFICATIONS AND INTERRUPTIONS OR DISCONTINUANCES OF SERVICE
We do not state or promise that the Services are or will be compatible with or accessible from your web browser, electronic device, or platform that you want to use, or have in the past used, to access and use our Services. We also reserve the right to modify, interrupt or discontinue our Services at any time, in our sole discretion and with no prior notice to you. Accordingly, we will not be liable to you for:
- any incompatibility or inaccessibility issues you experience when registering for, accessing, or using (or trying to register for, access or use) our Services; or
any modification, interruption, or discontinuance of the Services you experience.
5. COMPLIANCE WITH AND VIOLATIONS OF THIS AGREEMENT
You give us the right to take steps we think are reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement. You also agree we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, if we believes that doing so is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).
We also reserve the right to pursue and enforce our legal rights by seeking and obtaining any legal or equitable remedies available to us because of something you have done or have failed to do or because of your violation of this Agreement.
Furthermore, if you downloaded our Application from the iOS App Store, Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and your acceptance of this Agreement gives Apple the right (and deems Apple to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
6. ELIGIBILITY AND USAGE REQUIREMENTS
By downloading any of our Applications, registering for, creating an account for, paying for, accessing, or using our Services, or becoming a Registered User (the “Use of Services”) you state that you satisfy all of the following “Eligibility Requirements”:
- You are at least 18 years old;
- You have never been convicted of or pled no contest to a felony or an indictable offense (or a crime of similar severity), a violent crime, a sex crime or a crime involving sexual indecency;
- You are not required to register as a sex offender with any government entity;
- Your Use of Services is consistent with this Agreement;
- Your Use of Services does not violate any applicable local, state, national and international laws, and regulations, including, but not limited to, United States export control laws;
- You have not been designated by the United States government as a “Specially Designated National” or other person for whom a Use of Services is prohibited;
- You do not have more than one account for a Use of Services; and
- Either you have not been previously denied access to our Services or we have given you express written permission for renewed Use of Services.
By using our Services, you state that you will comply with the following “Usage Requirements”:
- You will not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Services;
- Your Use of Services is legal in the place you live;
- You will only access and use our Services by way of an internet browser or software authorized by us;
- You will not use our Services (including, but not limited to, information you obtain while using our Services) to harass other Registered Users or violate this Agreement or any relevant laws or regulations;
- You will not access or collect data from our Services using automated means or attempt to access data you do not have permission to access; and
- You will not use the Services in any manner that violates this Agreement.
If, now or in the future, you do not satisfy the Eligibility Requirements or fail to comply with the Usage Requirements, you are prohibited from any Use of Services, you must not create any new accounts or profiles for Use of Services, and you must delete any existing accounts or profiles for Use of Services you have.
We are not responsible for determining whether your Use of Services is legal in the place you live. Any Use of Services is void where prohibited by any laws or regulations.
We do not conduct any criminal background checks or other screenings (such as sex offender register searches) of Registered Users of our Services. However, we reserve the right to do so at any time in the future using available public records.
7. OUR SERVICES
We are not a dating service. Instead, we offer Paid Features that you can use to communicate with and get to know other people. You can access Paid Features by earning or buying Coins. For more information about Paid Features and Coins go to Section 11.
a) Paid Moderators
We pay moderators to use the Services (“Paid Moderators”). THERE IS NO WAY FOR YOU TO KNOW WHO IS A PAID MODERATOR AND WHO IS NOT. The Paid Moderators use various fictional profiles, usernames, identities, and photos to interact with you and other Registered Users. Paid Moderators may also use a variety of methods, including encouraging you to use Paid Features, to start or continue an interaction or a conversation with you. Because you cannot tell who is a Paid Moderator and who is a Registered User, YOU MAY USE COINS YOU HAVE PAID MONEY FOR TO ACCESS PAID FEATURES TO INTERACT WITH PAID MODERATORS.
The purpose of Paid Moderators is to:
- ensure that you can use and enjoy our interactive entertainment features, even when there is a less than optimal number of other Registered Users; and
- ensure your compliance and the compliance of other Registered Users with this Agreement.
IF YOU DO NOT WANT TO COMMUNICATE WITH PAID MODERATORS AT ANY TIME, DO NOT USE OUR SERVICES. Because we use Paid Moderators, you should only use our Services if you are ready and willing to communicate with Paid Moderators.
Because Paid Moderators use fictional profiles, any photos you see in a Paid Moderator’s profile or otherwise receive or access do not necessarily coincide with the Paid Moderator’s actual, offline physical appearance.
b) User profiles, photos, and other information about Registered Users
Although you and other Registered Users are subject to the Eligibility and Usage Requirements set forth in Section 6, we do not verify the accuracy, truthfulness or validity of any information that you or any other Registered Users provide when using our Services (including, but not limited to, written statements, user profiles or photos). As a result, we are not responsible or liable for the accuracy, truthfulness, or validity of any of the information you may receive when accessing or using the Services (including, but not limited to, written statements, user profiles or photos).
c) Interactive entertainment features
Our interactive entertainment features (the “Paid Feature” or “Paid Features”) include, but are not limited to, “messaging,” “poke,” “presents,” and “friendship requests.” You will have to use one or more virtual coin (the “Coin” or the “Coins”) to access the Paid Features. You can obtain Coins by buying them or earning them. For more details about Coins, go to Section 11, below.
WE DO NOT OFFER SUBSCRIPTION-BASED SERVICES. All Paid Features are offered on a prepaid basis only. For more details about Paid Features, go to Section 11, below.
d) Adult content
Some of the content available on our Website, our Applications and our Services may not be suitable for persons under 18 years of age. Parents are advised to install filter software to protect their children from content that may not be appropriate for them. More information about filter software and other ways to protect children when they are online is available from the U.S. Federal Trade Commission under https://www.consumer.ftc.gov/articles/0029-parental-controls.
IF YOU ARE UNDER 18 YEARS OF AGE:
- YOU ARE AN UNAUTHORIZED USER;
- YOU ARE VIOLATING THIS AGREEMENT;
- YOU MAY BE PUTTING YOURSELF AND OTHERS IN DANGER; AND
- WE ARE NOT RESPONSIBLE FOR ANYTHING BAD THAT HAPPENS TO YOU AS A RESULT OF YOUR UNATHORIZED USE OF OUR SERVICES.
We reserve the right to ask you for a copy of a valid, unexpired, government issued photo identification document to verify your age. We may also conduct internal reviews of data you and other Registered Users provide and share when using our Services, such as profile photos and communication between Registered Users, to ensure that you are at least 18 years old.
Justlin uses industry standard technology, such as firewalls, to safeguard your data and personally identifiable information against unauthorized access or disclosure. However, because perfect security does not exist on the internet, we cannot and do not promise that we can protect your data and personally identifiable information against any and all unauthorized access or disclosure.
Registration is free of charge. However, you are only allowed to use one account to access and use our Services.
Once you have completed the registration process, which includes accepting this Agreement, you are a Registered User. Only Registered Users may access the Features and Paid Features that we offer.
When you register and activate your account, you provide us with personal information, including your name, a pseudonym or nickname and an email address. By registering you state that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- the information you provide as part of the registration process is complete and correct;
- you will not register for or use more than one account;
- you will not use a pseudonym that is indecent or offensive;
- you will promptly update any and all changes to the information you provided during the registration process;
- you will use your account and our Services for personal, private entertainment only;
- you will not transfer or assign your account to anyone else; and
- you will keep your password and pseudonym secure and will monitor your account to prevent unauthorized use of your account by others.
When you register and activate your account, we state that we will:
- confirm your chosen password and pseudonym, as long as these comply with this Agreement.
As a Registered User, you are not obligated to use our Services, our Features, or our Paid Features. However, we reserve the right to delete any account – including, but not limited to, account data such as login information and pseudonym – which has been inactive for more than 180 days and has no Coin balance. If your account is selected for deletion, you will receive at least seven (7) calendar days prior notice by email to the email address associated with your account. If you do not login to your account during the seven (7) day notice period, your account will be deleted. If we delete your account, we will also delete all account related data unless we are required by law to save your account data or have other legitimate and lawful reasons for saving your account data. Upon request, we may reissue to you a pseudonym you used previously.
9. YOUR PERSONAL SAFETY, CONTENT AND DATA
Your safety and security are very important to us. However, the nature of our Services promotes the sharing of personal information between Registered Users. Furthermore, WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF REGISTERED USERS OF OUR SERVICES. WE ALSO DO NOT INQUIRE INTO THE BACKGROUND OF, SCREEN, OR ATTEMPT TO VERIFY THE STATEMENTS OF THE PEOPLE WHO REGISTER FOR, ACCESS, OR USE OUR SERVICES.
As a result, we cannot and do not guarantee that it is safe for you to have direct contact with other Registered Users. To stay safe and protect your privacy when using our Services, keep in mind and follow these key safety guidelines:
- Anyone who can commit identity theft can also use our services to create a false profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
- Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in the profile you use for our Services, any other profile you use on the Internet or in any initial communications with other Registered Users.
- Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
Because of the safety risks, you should not have a face-to-face meeting with someone you meet using our Services. However, if you decide to have a face-to-face meeting with another Registered User, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
- Other Registered Users can use even very limited biographic information (in some cases, just your name) to obtain sensitive, personal, and private information about you, including your home address.
IF YOU DO DECIDE TO SHARE PRIVATE INFORMATION WITH OTHER REGISTERED USERS, USE EXTREME CAUTION AND REMEMBER THAT YOUR REAL NAME, YOUR ADDRESS, YOUR TELEPHONE NUMBER, AND ANY OTHER PRIVATE, SENSITIVE, OR PERSONAL INFORMATION COULD BE USED TO FIND OUT WHERE YOU OR YOUR LOVED ONES WORK OR LIVE.
To protect your safety and the safety of other Registered users, we reserve the right, in our sole discretion, to deny you access to the Services for any reason (including, but not limited to, violations of this Agreement) or no reason at all.
a) Harassment and use of personal information
By accessing and using our Services, you agree that:
- you will not use or share the personal information of other Registered Users of the Services for any reason without the express prior written consent of the Registered User(s) whose personal information you want to use or share;
- you will not use the personal information of other Registered Users of the Services to harass other users or for any unlawful purpose;
- you will not engage in any communication that:
- constitutes a commercial offer;
- constitutes an offer of sexual services;
- promotes or facilitates prostitution;
- is sexually explicit;
- constitutes a chain mail;
- is unlawful, misleading, discriminatory, or fraudulent;
- promotes or enables illegal or unlawful activities;
- promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; or
- otherwise infringes or violates the rights of others; and
- you will promptly report any violation of this Agreement by other Registered Users.
If another Registered User is harassing you or otherwise using personal information about you for unlawful purposes, first inform local law enforcement authorities and then contact us via email to firstname.lastname@example.org so that we may take appropriate action – including, as appropriate, blocking the other Registered User from further use of our Services.
b) Content monitoring, review, retention, and deletion
You agree that at any time, in our sole discretion and without any prior notice we may monitor, review, retain or delete any content (including, but not limited to, texts, photos, and graphics) (“Content”) you upload, share, or receive through the use of our Services (“Your Content”). You also agree, however, that we are under no obligation to monitor, review, retain or delete Your Content, except as required under relevant laws, regulations, or court orders.
By using our Services, you agree that you will not seek to influence, challenge, or obtain legal redress for our monitoring, review, retention, or deletion of Your Content.
c) Your Content and rights you grant to Justlin
Although you own Your Content, by registering for, accessing, or using our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display or create derivative works of your content (the “License”). You can end the License any time by deleting Your Content or your account. Furthermore, the License is subject to any rights you may have under applicable laws and regulations, e.g., data-privacy and data protection laws.
d) Prohibited content
We prohibit you from uploading or sharing any Content that:
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, lewd, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes racism, sexism, homophobia, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other User or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone's right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone's data privacy or data protection rights;
- contains viruses, time bombs, malware, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components, or devices;
- contains any advertising, fundraising or promotional content; or
- is, in our sole judgment objectionable or restricts or inhibits any person from using or enjoying the Services or exposes us or other users of the Services to harm or liability of any type.
You violate this Agreement and we may delete Your Content and your account if you upload or share any of the aforementioned Content (“Prohibited Content”) or any other Content that violates any third-party rights or any applicable law, rule or regulation or is otherwise prohibited under this Agreement.
10. OUR CONTENT AND PROPRIETARY RIGHTS
We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-transferable, non-sub-licensable, revocable license to use one registered account to access and use our Services for personal, noncommercial purposes (the “License”).
If you download our Application from the iOS App Store, your License is also subject to the following limitations: you have a non-transferable license to use our Application on any Apple-branded product that you own or control in compliance with all Usage Rules in the Apple Media Services Terms and Conditions, except that your license to use our Application includes access and use of our Application by other accounts associated with you via Family Sharing or volume purchasing.
a) License restrictions.
You may not: (i) modify, disassemble, decompile or reverse engineer any of our Services (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer our Services to any third party or use our Services to provide time sharing or similar services to any third party; (iii) make any copies of our Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of our Services, features that prevent or restrict use or copying of any content accessible through our Services, or features that enforce limitations on the use of our Services; or (v) delete or obscure any copyright or any other proprietary rights notices our Services may display.
b) Software updates and maintenance and support services
From time to time, we may issue updated versions of our Services, which may include automatic updates of the Applications. You consent to such automatic updates of our Services and agree that:
- this Agreement will apply to all such updates; and
- Justlin will not be liable to you for any consequences of any such updates.
Furthermore, if you downloaded your app from the iOS App Store, we are solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement or as required under applicable law. We acknowledge and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Application.
c) Rights reserved
The license granted to you under this Agreement is a license to use the Services as described above. And Justlin reserves all rights not expressly granted under this Agreement. Accordingly, your license to use the Services is not a sale or a licensing of any ownership rights in the Services or any copies thereof. Instead, Justlin or its third-party partners or suppliers retain all rights, title, and interest in the Services and any copy thereof. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.
d) Compliance with third-party terms and conditions
When you use our Application, you must comply with all applicable third-party terms of agreement. For example, you must not be in violation of any applicable wireless data service agreement when using our Application.
You further acknowledge and agree that the availability of the Applications is dependent on the third-party platforms where you can download the Applications, e.g., Google Play or the Apple App Store (each a “Platform” and collectively the “Platforms”). You acknowledge that this Agreement is between you and Justlin, that the Platforms are not a party to this Agreement and that each Platform may have its own terms and conditions to which you must agree before downloading the Applications. You agree to comply with, and your license to use the Applications is conditioned upon your compliance with, all applicable terms and conditions of the Platform(s) where you downloaded our Application(s).
11. PAID FEATURES AND COINS
There is no charge to you, and you do not have to use any Coins, if you want to:
- become a Registered User,
- set-up or edit your profile, or
- search for other Registered Users.
But to communicate with other people you must use Coins (for more information about Coins, go to Section 11.b., below) to access our Paid Features. Also, as described above in Section 7, we do use Paid Moderators. AND, BECAUSE THERE IS NO WAY FOR YOU TO KNOW WHO IS A PAID MODERATOR AND WHO IS NOT, YOU MAY USE COINS YOU HAVE PAID FOR TO ACCESS PAID FEATURES TO INTERACT WITH PAID MODERATORS.
a) Paid Features
As described above in Section 7, we offer Paid Features, which are interactive entertainment tools you can use to communicate with other people. Paid Features include, for example, “messaging,” “nudging,” “presents,” “friendship requests,” and “kisses.”
You can only access Paid Features by spending a specific number of Coins. How many Coins you must spend depends on the Paid Feature you want to access. However, before purchasing access to a Paid Feature, you will receive a prompt telling you how many Coins you must spend. Then, if you complete the purchase, the Coins will be withdrawn from your Coin account.
Each purchase of access to a Paid Feature allows you to use the Paid Feature one time with one other person, who may be another Registered User or a Paid Moderator. As a result, once you have used a Paid Feature – for example, to send one “message” or one “nudge” to another person – you will have to spend Coins again to purchase access to the same or another Paid Feature.
To make our Paid Features easy to access and use, we use a virtual token (the “Coin” or “Coins”), which we license to you. Each Coin represents a contract between you and us for access to and use of certain Paid Features.
When you register, you may receive a certain number of Coins for free, which you will see in your Coin account. After you use up the Coins you receive for free when you register, for example to access a Paid Feature such as “nudging,” you will have to use Coins you purchase or receive or earn through our promotions to access the same or another Paid Feature.
There are currently three ways that you can obtain Coins:
- You can buy Coins through our App;
- You can obtain Coins for free by using daily coupon codes that we offer on our Facebook and Instagram profiles;
- You can earn a maximum of one Coin per day for logging into your account, but only until you have earned a maximum of 26 Coins, after which you cannot earn any more Coins by logging into your account; and
- Participating in promotions or using Coin coupons that our support team tells you about through our App’s messaging function.
However, Coins are neither real world nor virtual currency and do not represent, correspond to, or refer to any credit balance of real currency or its equivalent. By using our Services, you acknowledge and agree that any Coins you receive or purchase are valid for one use only: gaining access to one or more Paid Feature.
We also reserve the right, at any time and for any reason, to change or end the ways in which you can obtain Coins, to change the prices we charge for Coins, or to stop offering Coins.
c) Coin purchases
Every Registered User has the option to purchase Coins through our Apps. To see which Coin packages and combinations you can purchase go to your App, select “Settings”, and then click on “Get Coins.” You will then see and be able to choose from a variety of packs of Coins. Depending on which App you use to purchase Coins, you will also be offered one or more payment option. Upon payment, your Coin account will be credited with the Coins and/or Coin packages you have purchased.
d) Terms of sale, billing, and payment information
When you buy Coins, the terms of sale will be explained to you when you provide your billing information and confirm the details of your purchase. When you complete a purchase, you:
- agree to pay us the total cost, including any sales or similar taxes (which may vary from depending on when and where you execute your purchase), of all Coins you have selected;
- authorize us to charge the total cost of your purchase, including any applicable sales or similar taxes (which may vary from depending on when and where you execute your purchase), to the payment account you have provided; and
- agree that we may take any steps necessary to correct billing errors or mistakes, even if we have already charged your payment account or received payment.
By purchasing Coins, you agree and promise to provide and maintain current, complete, and accurate information for your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided to us by your credit or debit card issuer.
e) Limited license
Whenever you receive Coins, purchase Coins, or use Coins in your Coin account to gain access to Paid Features (the “License Triggers”), you receive a limited license as follows:
- Upon your receipt or purchase of Coins, you receive a limited license to use the Coins to gain access to Paid Features; and
- Upon your use of your Coins to gain access to a Paid Features, you receive a limited license to use that Paid Feature one time.
(individually, a “Limited License” and collectively, the “Limited Licenses”).
If you decide to purchase Coins, your order will represent an offer to us to purchase a Limited License and we will accept your offer when we place the Limited License in your Account or charge the payment account you have provided, whichever comes first.
The purchase and sale of a Limited License is a completed transaction upon receipt of your payment and is not refundable except as permitted under the terms of this Agreement. Any Limited License issued to you pursuant to the License Triggers described above is effective immediately.
We may, in our sole discretion, give you one or more Limited License by crediting Coins to your Coin account and/or giving you access to Paid Features for free or as part of a promotion.
In all cases, any Limited License you have is subject to this Agreement, including, but not limited to, your compliance with this Agreement.
Each and every Limited License you have terminates when:
- you or we terminate this Agreement pursuant to Section 14;
- we suspend or discontinue our use of Coins;
- we determine that you have engaged in fraud or illegal conduct;
- you owe us money and have refused to pay;
- we set a deadline for the use of your Limited Licenses;
- you close or delete your registered account; or
- we close, delete, or otherwise block access to your registered account pursuant to this Agreement.
You understand and agree that although in this Agreement or as part of our Services to you we may describe the Limited Licenses as having been “purchased,” “bought,” “redeemed,” or “spent”:
- the Limited Licenses are not real world or virtual currency, a currency substitute, or a financial instrument;
- the Limited Licenses do not reflect any stored value;
- the Limited Licenses do not correspond to or represent any credit balance of real currency or its equivalent; and
- The Limited Licenses are not redeemable for any sum of money from us, except to the extent permitted under this Agreement.
Instead, as described above, your purchase of Coins and your use of Coins to access Paid Features are License Triggers.
f) Protecting your account and Coins
Do not share your log-in details for your access to our Services with anyone else. You should also check your Coin balance regularly, which you can do by logging in and selecting your profile, after which your coin balance will appear. If you believe that anyone has access to your account without your permission, inform us by email to email@example.com and change your password immediately. We are not liable for any unauthorized access to your account, including, but not limited to, any unauthorized use of your Coins. It is your responsibility to safeguard and monitor your Coin account and your Coin balance.
g) Unauthorized access to your account or billing information
Notify us immediately by email to firstname.lastname@example.org if you know or suspect that someone has accessed or might access your account or billing information without your permission, or your account has or may have otherwise been compromised. Within 24 hours of receiving your notice we will deactivate your billing account with us and will, subject to the following limitations, be liable for unauthorized charges to your payment account which occur after the deactivation:
- Our liability for any damages under this Section 11 will be limited to damages which are a direct result of unauthorized access to the registered account you use to access and use our Services;
- Our liability for damages shall be subject to the limitations of liability set forth in this Agreement under Section 18; and
- Our liability for damages under this Section 11 shall under no circumstances exceed $50.
h) Refund requests
Currently, we only offer Paid Features through our Apps. And any refund requests are subject to the terms and conditions of the platform – the App Store or Google Play – where you downloaded our App. As a result, if you want to request a refund of an in-app purchase of unused Coins, you must submit your refund request to the platform – the App Store or Google Play – where you downloaded our App.
12. YOUR USE OF OUR SERVICES
By using our Services, you acknowledge and agree that:
- Justlin is not responsible or liable in any manner for the conduct of users of its Services; and
- your use of the Services is entirely at your own risk.
When using our Services and, in particular, in your interactions with other users (including, but not limited to, site messages, instant messages, journal postings, and forum comments), you agree:
- to conduct yourself civilly and respectfully; and
- that you will not under any circumstances harass or make mischief against any other user of the Services.
Furthermore, to keep our Services fun and safe, you agree not to:
- use our Services in any unlawful manner or for any unlawful purpose;
- engage in any unlawful, lewd, harassing, obscene, intimidating, threatening, predatory or stalking behavior;
- use our Services while in a dangerous environment or engaged in an activity, such as driving, which requires your complete attention and fail-safe performance;
- use our Services in any way that could lead directly to death, personal injury, or property damage;
- use our Services in any manner that could interfere with, disrupt, damage, disable, overburden, impair or affect the performance of our Services, our computer systems or technology or the computer systems or technology of other users of our Services;
- use our Services to interfere with or attempt to interfere with the use of our Services by other users;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection, or association with, any person or entity;
- make any commercial use of our Services or promote or solicit involvement in or support for a political platform, religion, cult, or sect;
- defraud, swindle or deceive other users;
- disseminate another user’s personal information without his or her permission, or collect or solicit another user’s personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Linduu App;
- use our Services for any phishing, trolling or similar activities;
- use our Services to redirect users to other sites or encourage users to visit other sites;
- harvest or collect email addresses or other contact information of other users from Services by electronic or other means or use our Services to send, either directly or indirectly, any unsolicited bulk email or communications, unsolicited commercial email or communications or other spamming or spimming activities;
- distribute unsolicited commercial messages or spam, and or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, security features or presentation of the Services or its contents;
- attempt to access any Services that you are not authorized to access; or
- permit or allow other people or third parties to access and use our Services via your Registered User account.
a) How we verify compliance with this Agreement
We reserve the right to determine, in our sole discretion:
- what constitutes harassment or mischief;
- if and when such harassment or mischief has occurred; and
- whether to cancel or restrict the account of any infringing Registered User.
As part of our efforts to prevent violations of this Section and this Agreement, we may enlist the help of our Paid Moderators to review your content and the content of other Registered Users; and, based on such review, we may take actions to enforce this Agreement or relevant laws or regulations. If we determine that your conduct is in violations of this Agreement, any law or regulation or is otherwise harmful to our ability to offer Services, we may give you an opportunity to rectify your conduct or we may restrict or close your account.
c) Reporting violations of this Agreement
If you wish to report any violation of this Agreement you may do so by:
- using the report button (“Report”) located in our App;
- selecting the Report button located in the drop-down menu of a user's profile; or
- sending an email to email@example.com.
While we will make reasonable efforts to review any reports of violations of this Agreement that you submit to us in a timely manner, we are under no obligation to take any particular action or any action at all in response to your report, except as required under any relevant law or regulation.
d) Access and proprietary rights
If you comply with this Agreement and subject to the limitations of this Section 12.d., when you are making personal use of our Services you are authorized to access, use, and make a reasonable number of copies of information and materials available to you as a Registered User for the following purposes:
- to learn more about Justlin or its products and Services; or
- to communicate with us or use our Services.
Any copies made by you must retain without modification all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products.
In certain instances, Justlin may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized Registered Users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
You are not allowed to decode, reverse engineer, disassemble, decompile, or otherwise translate or convert the chat software or any part thereof.
You may not block any commercial content.
Your violation of any of the aforementioned restrictions on your use of our Services is a violation of this Agreement and may also be prohibited by law; expose you to civil or criminal penalties; and infringe upon our intellectual property and/or contractual rights or the property and/or contractual rights of third parties.
e) Intellectual property infringement claims
If you downloaded our Application from the Apple iOS platform, you acknowledge that in the event of any third-party claim that our Application or your possession and use of our Application infringes that third party’s intellectual property rights, Justlin, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
If you believe that our Services infringe on, or are being used to infringe on, your intellectual property rights, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
- a description of the intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Website or in our Applications that is detailed enough to enable us to find the alleged infringing material;
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the intellectual property, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property or authorized to act on the owner’s behalf.
Notice of claims of intellectual property infringement should be provided to Justlin by email to firstname.lastname@example.org or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
We will terminate the account of Registered Users who repeatedly infringe on our intellectual property rights or the intellectual property rights of others.
f) Our intellectual property rights
Justlin Ltd. and other identifying marks of Justlin Ltd. are proprietary to Justlin Ltd.. You may not use these marks for any purpose without the express prior written consent of Justlin Ltd.. Except as expressly set forth in this Agreement, we do not grant to you any express, implied, or other license or right under any patent, trademark, or copyright of Justlin Ltd. or any third party.
13. ACCOUNT CLOSURE BECAUSE OF DEATH OR DISABILITY
If we are provided with valid, written notification and evidence of your death or disability along with a request that your account with us be closed and related data deleted, we will honor such request unless we are prohibited from doing so by law or pursuant to valid rights or obligations we have under this Agreement or under other relevant terms and conditions, e.g., the terms and conditions of the external platform where you downloaded our Application.
For the purposes of this Section 13, “Disability” means a condition that precludes you from using our Services and must be verified by a physician in writing. Any requests for account closure should be sent to us by email to email@example.com or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
In cases of death or disability, your estate or representative may also request a refund of any unused Coins in your Coin account. However, we currently only offer Paid Features through our Apps. As a result, any refund requests are subject to the terms and conditions of the platform – the App Store or Google Play – where you downloaded our App; and we will ask the estate or representative to submit their refund request to the appropriate platform.
14. TERMINATING THIS AGREEMENT
This Agreement will apply until it is terminated by you or us pursuant to this Section 14, but some of the terms of this Agreement will survive termination as provided in Section 20.r.
a) How you can terminate this Agreement
You can terminate this Agreement at any time by using your App, going to Settings/My Account, and selecting “Delete account”; you will then receive an email to the email address you used to register your account and will need to click on the link embedded in that email to confirm and complete the deletion of your account. Alternatively, you can stop using any of our Services and notify us of your desire to terminate this Agreement by sending an email to firstname.lastname@example.org or a letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta with a statement that you want to terminate this Agreement (or words of similar effect).
b) How we can terminate this Agreement
We can terminate this Agreement with you immediately upon written notice or with thirty (30) days prior written notice if required under relevant law if:
- You no longer meet the “Eligibility Requirements” or the “Usage Requirements” listed above, in Section 6;
- You have violated any of the terms of this Agreement;
- We are required by law to terminate our Agreement with you;
- We have been informed by your estate or your legal representative that you have died or have an injury or disability that prevents you from using our Services;
- We decide not to provide our Services anymore;
- You or your activities are harming or may harm the legal, economic, reputational, or security interests of Justlin, other Registered Users or third parties; or
- We decide that there is any other reason to terminate our Agreement with you, if termination for any reason is permitted under applicable law.
c) Your access to and our retention of your data after termination
If you or we terminate this Agreement, you will no longer have access to data that you may have shared with us or other Registered Users. However, we may keep your data, including your personally identifiable information, if keeping your data is or may be necessary to comply with legal obligations or to protect our legal, economic, reputational or security interests.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JUSTLIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY CLAIMS, CAUSES OF ACTION, DEBTS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) RELATING TO OR ARISING, DIRECTLY OR INDIRECTLY, OUT OF:
- YOUR ACCESS TO, USE OF AND/OR INABILITY TO USE OUR SERVICES;
- ANY USER POSTINGS MADE BY YOU;
- YOUR VIOLATION OF ANY PART OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR
- YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.
WE RESERVE THE RIGHT, AT OUR 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 US IN ASSERTING ANY AVAILABLE DEFENSES.
16. ARBITRATION AND GOVERNING LAW
You and Justlin agree that this Section 16 is satisfies the “writing” requirement of the Federal Arbitration Act and further agree that, notwithstanding any other terms of this Agreement, the Federal Arbitration Act will govern the interpretation and enforcement of this agreement to arbitrate (the “Arbitration Agreement”).
THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY ALLEGED BREACH THEREOF) OR OUR SERVICES SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE CONSUMER ARBITRATION RULES. THE ONE EXCEPTION TO THE EXCLUSIVITY OF ARBITRATION IS THAT YOU HAVE THE RIGHT TO BRING AN INDIVIDUAL CLAIM AGAINST THE COMPANY IN A SMALL-CLAIMS COURT OF COMPETENT JURISDICTION. BUT WHETHER YOU CHOOSE ARBITRATION OR SMALL-CLAIMS COURT, YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST THE COMPANY ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
You can find out more about the American Arbitration Association and its Consumer Arbitration Rules at https://www.adr.org/consumer or by calling 1.800-778-7879.
By using the Website or the Service in any manner, you agree to the above Arbitration Agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this Arbitration Agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law; provided, however, that this Arbitration Agreement shall be governed by the Federal Arbitration Act.
17. NO WARRANTY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND/OR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, IS AT YOUR SOLE RISK AND THAT OUR SERVICES ARE DELIVERED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOUR ACCESS TO OR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CELL PHONE OR OTHER DEVICES, INCLUDING ANY LOSS OF DATA, RESULTING FROM THE USE OF OUR SERVICES.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JUSTLIN HEREBY DISCLAIMS WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND/OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH LAWS OR REGULATIONS, OR ACCURACY WITH RESPECT TO OUR SERVICES AND ALL RELATED FUNCTIONS, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JUSTLIN SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM YOUR ACCESS TO OR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, REGARDLESS OF THE TYPE OF INJURY OR DAMAGE, REGARDLESS OF HOW THE INJURY OR DAMAGE WAS CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND REGARDLESS OF WHETHER JUSTLIN KNEW OF THE POSSIBILITY OF SUCH INJURY OR DAMAGE.
IN NO EVENT SHALL JUSTLIN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE PERSONAL INJURY LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) (THE “REMEDY”). FURTHERMORE, YOU ACKNOWLEDGE THAT JUSTLIN HAS SET THE PRICING FOR ITS SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE FOREGOING LIMITATIONS OF LIABILITY AND THAT THESE LIMITATIONS OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND JUSTLIN (INCLUDING THE RISK THAT THE REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE) AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JUSTLIN.
19. PRODUCT CLAIMS
If you used the Apple iOS platform to download your Application, Justlin, not Apple, is responsible for addressing, SUBJECT TO THE TERMS OF THIS AGREEMENT, any claims you or any third party assert that relate to our Application or your possession and/or use of our Application, including, but not limited to: (i) product liability claims; (ii) any claim that our Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
20. GENERAL PROVISIONS
As part of our Services, we may may provide links to other websites that we do not operate or control. Use of these links to access other internet sites is at your own risk. Justlin Ltd. is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Justlin Ltd. establishes links to other websites for the convenience of its Users; however, such links are not intended to be an endorsement of the other website.
b. Changes to our services
The products and Services mentioned or promoted in or through our Services, including password protected information relating thereto, may be changed by Justlin Ltd. at any time without notice.
c. Services offered by third parties
Information about products or Services offered by third parties are referred to in this Agreement and in or through our Services for informational purposes only. Justlin Ltd.’s provision of any such information is not an endorsement or recommendation of such products or services.
d. Commercial use prohibited
The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting Usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your email.
e. Export restrictions
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to United States export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
Regardless of where you are located, you agree that you will not export or re-export the Application or any related content or technology except as authorized by United States law and the laws of the jurisdiction where you obtained our Application. In particular, but without limitation, you may not export or re-export our Application or any related content or technology (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using our Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our Applications, Services or related content or technology for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and Service announcements or changes, or emails containing commercial offers, promotions, or special offers from us or third-party partners.
You acknowledge and agree that any violation of this Agreement may cause Justlin Ltd. irreparable harm, and therefore agree that Justlin Ltd. will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Justlin Ltd. may have for breach of this Agreement.
h. Entire agreement
i. No implied waiver of rights
The failure of Justlin Ltd. to exercise or enforce any right under or provision of this Agreement does not constitute a waiver of such right or provision.
j. Savings clause
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
k. Retention of rights not granted
We reserve all rights not expressly granted to you.
l. Offsetting or withholding of payments
You may only offset or withhold payments with respect to any counterclaims against Justlin Ltd. to the extent they have been determined in a court of justice and are not appealable.
Some of the product and service names used in this Agreement and in our App may be our trademarks or the trademarks of third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
n. Compliance with relevant law; notices regarding our Services
You promise to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of our Services.
We may notify you about our Services by sending an email message to your email address, a letter to your mailing address, making a posting on the Services, or sending you a push notification.
o. United Nations Convention on Contracts for the International Sale of Goods
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
p. Statements of fact
The verb used to introduce a statement of fact in this Agreement does not affect the remedies available for inaccuracy of that statement of fact.
q. Section titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
r. Sections that will survive termination
The preamble of this Agreement (including definitions), Sections 1 and 2 (“Special Notice for Residents of California” and “Special Notice for Residents of Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin”), Section 5 (Compliance with and Violations of this Agreement), Sections 7.d. and 7.e. (“Adult content” and “Security”), Section 8 (Registration), Sections 10.a., 10.c. and 10.d. (“License restrictions”, “Rights reserved” and “Compliance with third-party terms and conditions”), Sections 11.b., 11.g. and 11.h. (“Coins”, “Unauthorized access to your account or billing information” and “Refund requests”), Section 12.f. (Our intellectual property rights), Section 14.c. (Your access to and our retention of your data after termination), Section 15 (Indemnification), Section 16 (Arbitration and Governing Law), Section 17 (No Warranty), Section 18 (Limitation of Liability), Section 19 (Product Claims), and Section 20 (General Provisions) will survive any expiration or termination of this Agreement.
s. Complaints or claims
If you have any complaints or claims regarding our Services, you can contact us by email to email@example.com or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
21. DATE OF LAST REVISION
The last revision of this Agreement was on June 2, 2021.