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Terms of Use - Junction AI
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Terms of Use

Junction AI Terms of Use

These Terms of Use are effective on September 01, 2016.

These Terms of Use (“Terms”) govern your access to and use of the services provided by Junction AI Inc., (f/k/a Instant Local, Inc.) a Delaware corporation (“Junction AI,” “we,” “us,” or “our”), including (a) our website, our application, and our other services that reference these Terms (collectively, the “Services”), and (b) any information, text, graphics, photos or other materials uploaded by you, downloaded by you, or otherwise accessed by or appearing on the Services (collectively, the “Content”).  Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.  By accessing or using the Services you agree to be bound by these Terms.

We may revise these Terms from time to time without direct notice to you, and the most current version of these Terms will always be posted at www.junction.ai.  By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

  1. General

You are responsible for your use of the Services, for any Content you post to the Services, any Content you access from the Services, and for any consequences thereof.  You acknowledge and agree that by consenting to these Terms and using the Services, the Services may access certain information on your mobile electronic device.  Your Content may be shared publicly by Junction AI and be viewed by other users of the Services, including commercial users (e.g., restaurants or other businesses) (collectively, “Users”).  You should only provide Junction AI Content that you are comfortable sharing with others under these Terms.  You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

  1. Privacy

Any information that you or other Users provide to Junction AI is subject to the Privacy Policy available on our website located at www.junction.ai, which governs our collection and use of your information.  You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

  1. Eligibility

The Services and all Content are intended for Users who are 13 years of age or older.  Any use of, or access to, the Services or Content by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms.  By using the Services, you represent and warrant to Junction AI that you are 13 years of age or older.  If you are 13 years of age but less than 18 years of age, you represent and warrant to Junction AI that you are using the Services of, and supervised by, your parent or guardian.

 

  1. Registration; Passwords

In order to use the Services, you must have or create an account with Facebook or another similar social media platform as allowed by the Services (collectively, a “Social Media Login”), and sign in using such Social Media Login.  If you login to the Services using your Social Media Login, you authorize Junction AI to access and use certain Social Media Login account information, including your public profile and related information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.  You are responsible for safeguarding your log in credentials, including your password, and for any activities or actions taken under your credentials. Junction AI will not be liable for any actions taken on or through your account with your credentials.

 

  1. Your Responsibilities and Use of Your Content

You are responsible for your use of the Services, for any Content you provide, for any Content you transmit to third parties using our Services such as Facebook or Instagram,  and for any consequences thereof, including consequences resulting from the use of your Content by other Users and our third party partners.  You understand that your Content may be syndicated, broadcast, distributed, or published by us or third parties (and/or their agents) with whom Junction AI contracts.  If you do not have the right to submit Content for such use, it may subject you to liability.  Junction AI will not be responsible or liable for any use of your Content by Junction AI in accordance with these Terms.  You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, including but not limited to all necessary consents from third parties who appear or are captured in any way in your Content.

  1. Your License To Use the Services; Service Fees; Payment Terms

Junction AI grants you a worldwide, non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Services.  Junction AI reserves all rights not expressly granted herein.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Junction AI, in the manner permitted by these Terms.  In the event  we provide you premium Services for which there is an associated fee (“Premium Services”), you agree to pay the fees for such Premium Services as set forth on Junction AI’s website or as otherwise communicated to you by Junction AI ( the “Service Fees”).  In the event Junction AI desires to change its Service Fees, it will communicate such change to you and the new Service Fees will become effective upon your next billing cycle unless you cancel the Premium Services pursuant to Section 14 below.  Junction AI will charge the Service Fees via credit card on a monthly basis, and such Service Fees are non-refundable.

  1. Intellectual Property Rights; Feedback

All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Junction AI and its licensors.  The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Nothing in the Terms gives you a right to use the Junction AI name or any of the Junction AI trademarks, logos, domain names, and other distinctive brand features.  You acknowledge and agree that all feedback, comments, or suggestions you provide Junction AI regarding Junction AI, the Services, or Content (collectively, “Feedback”) is entirely voluntary and Junction AI will be free to use such Feedback as it sees fit and without any obligation to you.  In recognition of the foregoing, you hereby: (a) assign all your right, title, and interest in and to all Feedback to Junction AI, including all intellectual property rights contained therein; and (b) you acknowledge and agree that all Feedback is the exclusive property of Junction AI.

  1. License Grant to Your Content

By submitting Content through the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Junction AI and our third-party partners, a royalty-free, transferable, perpetual, irrevocable, non-exclusive, fully sublicensable worldwide license to use, reproduce, store, modify, publish, translate, distribute, publicly perform, publicly display, and make derivative works of such Content, in whole or in part, and in any form, format, media or technology, whether now known or hereafter developed, for use in connection with our Services.  You also grant to us and our third-party partners an unlimited right of publicity in all images, likenesses, and voices captured in any Content for our, or our third-party partners’, advertising and promotional use.  You agree that this license includes the right for Junction AI to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other Users of the Services as well as third-party partners for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms.  You understand, acknowledge, and agree that: (i) all rights in this paragraph are granted by you without the need for any additional compensation of any sort to you (cash or otherwise); and (ii) Content owned by you does not include Feedback.

 

  1. Restrictions on Content and Use of the Services

We reserve the right to immediately suspend or terminate Users from the Services for any reason or no reason.  We also reserve the right to access, read, preserve, and disclose any information or Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of Junction AI, its Users and the public, or (vi) protect our legitimate business interests.

You may not do any of the following technical actions while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Junction AI’s computer systems, or the technical delivery systems of Junction AI’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Junction AI; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;  (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) dissemble, decompile, or reverse engineer any of the Services, in whole or in part, or permit or authorize a third party to do so; (vii) modify or otherwise make derivative works of the Services or the Content; (viii) alter or remove any copyright, trademark, or other proprietary notices contained in or on any portion of the Services or Content; or (ix) delete, hide, or modify any advertising in any Content or included in the Services.

You may not do any of the following other actions while using the Services: (i) upload Content or use the Services in a manner that violates or infringes upon any third-party’s intellectual property rights, publicity rights, or rights to privacy; (ii) upload Content or use the Services in a manner that is illegal, defamatory, hateful, misleading, false, disparaging, threatening, pornographic, indecent, violent, violence inciting, immoral, or inappropriate; (iii) upload Content or use the Services to bully, intimidate, harass, stalk, or disparage any person; (iv) upload Content or use the Services in a manner that’s harmful or potentially harmful to Junction AI or any third-party, all as solely determined by Junction AI; or (v) upload Content or use the Service to directly solicit money from any Users.

  1. Your Interactions with Other Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SERVICES, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS.  YOU UNDERSTAND THAT JUNCTION AI DOES NOT CONDUCT SCREENINGS OF ITS USERS OF ANY KIND.  JUNCTION AI ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.  JUNCTION AI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS.  THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY SCREENINGS OF ITS USERS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

  1. No Endorsement, Sponsorship, or Guarantee of Users or Third Parties.    

JUNCTION AI DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE, NECESSARILY AGREE WITH, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICES.  UNDER NO CIRCUMSTANCES WILL JUNCTION AI OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

 

  1. Contests & Sweepstakes

From time to time through the Services, Junction AI may operate contests, sweepstakes, and similar promotions (collectively, “Promotions”).  You should carefully review the rules surrounding each Promotion you enter (the “Official Rules”), as the Official Rules may contain additional important information about the Promotions and your ownership of material submitted in connection with the Promotions.  In the event the Official Rules conflict with these Terms, the Official Rules will control with respect to any Promotion.

 

  1. Copyright Policy

Junction AI respects the intellectual property rights of others and expects Users of the Services to do the same.  We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Under the U.S.  Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Junction AI Inc.

Attn: Digital Millennium Copyright Act Compliance
PO Box 1528

Austin, TX 78767

Email: contact@junction.ai

 

  1. Termination

You may terminate these Terms at any time by deactivating your account and discontinuing your use of the Services.  Except as provided herein, all Service Fees paid are non-refunded.  Junction AI may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) prolonged inactivity on your account.  We will make reasonable efforts to notify you by the email or through your account of such termination.  In the event Junction AI terminates your account for reasons other than subsections (i) and (ii) above, Junction AI will provide you a pro-rated refund within 60 days of Service termination.

  1. Disclaimers, Limitations of Liability, and Indemnity

Your access to and use of the Services is at your own risk.  You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and Junction AI is not obligated to maintain, update, or support the Services or Content.  Without limiting the foregoing, to the maximum extent permitted under applicable law, JUNCTION AI DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNCTION AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUNCTION AI EXCEED THE GREATER OF U.S.  TEN DOLLARS (U.S.  $10.00), OR THE AMOUNT YOU PAID JUNCTION AI, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.  THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT JUNCTION AI HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless Junction AI, our affiliates, advertisers and each of our/their respective directors, officers, shareholders, employees, independent contractors, agents, representatives and successors and assigns, from and against any losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with (i) your violation of these Terms, and (ii) your access to or use of the Services.  This paragraph is intended to be applicable to the maximum extent allowed by law.

  1. Apple, Inc. Terms

Junction AI and you each acknowledge and agree that: (i) these Terms are concluded between Junction AI and you, and not with Apple, Inc.  (“Apple”); (ii) Junction AI is solely responsible for the Services and Content (i.e., Apple is not responsible for the Services or the Content); (iii) all licenses granted by Junction AI to you under these Terms only apply to Apple products that you lawfully own or control; (iv) Junction AI is solely responsible for providing maintenance and support services, if any, in connection with the Services, and Apple has no obligation whatsoever to furnish maintenance and support in connection with the Services; (v) Junction AI is solely responsible for all product warranties, if any, provided by these Terms, whether express or implied, and in the event the Services do not conform to the warranties provided by these Terms, notwithstanding anything to the contrary contained in these Terms, you may notify Apple of such event and Apple will refund the purchase price of the application purchased via the Apple iTunes store; (vi) Apple will not have any obligations whatsoever in connection with the Services not conforming to any warranties provided to you by Junction AI and these Terms; (vii) Junction AI is solely responsible for any claims of liability related to the Services or your use of the Services including, but not limited to (a) product liability claims, (b) claims that the Services fails to conform with the law, and (c) claims arising under consumer protection or similar laws; (viii) in the event of any third-party claim that the Services infringe a third-party’s intellectual property rights, Junction AI, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; and (ix) Apple and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

 

In addition, you hereby represent and warrant to Junction AI and Apple that: (i) 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; and (ii) you are not listed on any U.S.  Government list of prohibited or restricted parties.

 

  1. Google Play Terms

The following additional terms and conditions apply with respect to the Services designed for use on an Android-powered mobile device (an “Android App”): (i) you acknowledge that these Terms are concluded between you and Junction AI only, and not with Google, Inc. (“Google”).  Junction AI, and not Google, is solely responsible for the Android App and the services and content available thereon; (ii) you agree that your use of the Android App shall be subject to the then-current Google Play Store Terms of Service; (iii) Google, as provider of the Google Play Store, shall have no obligation or liability to you with respect to the Android App or these Terms; and (iv) you acknowledge and agree that Google is a third-party beneficiary to these Terms.

  1. Miscellaneous

The failure of Junction AI to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.  In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.  These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence.  All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Austin, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  These Terms and our Privacy Policy are the entire and exclusive agreement between Junction AI and you regarding the Services, and these Terms supersede and replace any prior agreements between Junction AI and you regarding the Services.  These Terms and the rights granted hereunder may not be transferred or assigned by you.  Any attempted transfer or assignment of these Terms or the rights granted hereunder by you shall be null and void.  Junction AI may assign or transfer these Terms and the rights granted hereunder without restriction of any kind.

 

For questions or comments about the Services, Content, or anything else related to Junction AI, please contact as follows:

 

Junction AI Inc.
PO Box 1528

Austin, TX 78767

Email: contact@junction.ai