Welcome to the Juke beta (the “Beta”)! These Terms of Service ("Terms”) are an agreement entered into by and between you (“Collector,” "you," or "your") and Juke Ventures, Inc. (“Juke,” “we,” “us,” or “our”).
These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of our website and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, purchase, sell, or transfer Frames (defined below) and/or Packs (defined below) (collectively, our “Service”).
An “NFT” is a non-fungible token that is implemented on a blockchain (such as the Flow Network) which uses a smart contract to link to or otherwise be associated with certain content or data. “Frames” are NFTs that are linked to and associated with images/video clips that showcase iconic moments from your favorite movies and television shows (such images/video clips, the “Art”). “Reels” are bundles of two or more Frames. We will refer to Frames and/or Packs in these Terms as our “Products”.
ANY PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OF PRODUCTS OUTSIDE OF OUR SERVICE WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL THE PURCHASE OR SALE OF PRODUCTS OUTSIDE OF OUR SERVICE. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, IN PRODUCTS OUTSIDE OF OUR SERVICE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT IN SECTION 21 AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 22 THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 21, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
SECTION 1: BETA OVERVIEW This Beta is expected to run until July 31, 2023, but we reserve the right to extend or shorten the length of the Beta at any time. During the Beta, we may contact you at the email that you provide during registration with questions and/or surveys about your experience. We will use your Feedback (defined below) to improve the Service.
By accessing and/or using any part of our Service, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Except as expressly allowed by these Terms, you may only use our Service for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. If you are using our Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms, even if we have a separate agreement with you. A breach or violation of any of the Terms will result in the immediate termination of your Services. If you do not agree to these Terms, you may not use our Service.
You may be prompted to register an account ("Account") by providing and verifying a username, a password, a valid email address and other information in order to access and use our Service. During registration, you will first need to create an account with Dapper Labs, Inc. (“Dapper”), then you must provide supplementary account details to Juke. Your Dapper account provides you with a personal cryptocurrency wallet (your “Crypto Wallet”), allows you to purchase and store NFTs, cryptocurrencies and other digital assets (your “Digital Assets”), and facilitates transactions over the Flow Network, our supporting blockchain.
You agree that your Account and profile may include personal information you provide, and that we may update your profile with information we extract from your Crypto Wallet, including information related to your Digital Assets as well as other blockchain and smart contract related information such as the transfers of Digital Assets between accounts, the properties of your Digital Assets, and any corresponding smart contracts and amounts paid. You permit us to share the aforementioned information with others. Furthermore, we reserve the right to reject any registration or to terminate your use of our Services in our sole discretion and without any liability to us.
Maintaining your Account
You are responsible for maintaining the confidentiality of your Account and are fully responsible for all activities that occur under your Account, whether or not authorized by you. You agree to (a) never share your Account with anyone, (b) immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of security, and (c) ensure that you exit from your Account at the end of each session. We will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your Account.
By inputting or supplying your contact information, including an email address, address, mobile telephone number and/or telephone number, or by otherwise creating an Account, you electronically consent to receive marketing or advertising messages communications including email or mobile push notices from Juke and third parties, such as changes to features of our Service. If you do not want to receive such messages, you may opt out or change your preferences by contacting our Service support team at email@example.com or by clicking the unsubscribe link within each marketing or advertising email message. Opting out of marketing communications will not prevent you from receiving Service-related notices.
You will not, and will not permit anyone else to, directly or indirectly: (i) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Service or Service Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Service (except as permitted by applicable law); (iii) rent, lease, resell, distribute or use our Service for timesharing, service bureau, or to aggregate purchases through our Service; (iv) copy, modify, alter or create derivative works of any part of our Service or Service Content; (v) remove or alter any proprietary notices or labels on or in our Service or Service Content; (vi) identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent; or (vii) engage in any activity not otherwise permitted by these Terms or our policies, including those activities prohibited by Section 13 (Additional Prohibited Uses).
You agree that all materials, including information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via our Service or otherwise made available by us in connection with our Service (collectively, "Service Content") is owned by us and our licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by us in writing or solely as necessary for your use of the intended functionality of our Service, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Service Content, or post any Service Content on any other website or in a networked computer environment for any purpose. You will use our Service Content only as permitted by these Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
License to Use Your Content
Your Crypto Wallet (including any and all Digital Assets identified by or through your Crypto Wallet), and any other data, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, audio, videos, music, work of authorship or information, comments, opinions, postings, messages, files, e-mail, data, responses to our Beta questions and surveys (your “Feedback”) or other materials (in whatever form) presented on your profile, or otherwise uploaded to our Service by you is "Your Content." You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority and authorization necessary to contribute, provide and make Your Content available to us and others and to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic), and (iii) that you have all authorizations, consents, approvals and have made all disclosures required to provide Your Content to us and to allow us to use Your Content as provided in these Terms. We reserve the right to remove any of Your Content from our Service at any time and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. You are solely responsible for Your Content and its accuracy. We take no responsibility and assume no liability for Your Content or any other Collector’s content.
User License to Art
Subject to your continued compliance with these Terms, we grant you a non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art associated with Owned Products (as defined below), solely in the U.S. and Canada, and solely for the following purposes: (a) for your own personal, non-commercial use (provided that the secondary sale of any Owned Product is not considered a use for commercial purposes); (b) on our Marketplace (as defined below).
Restrictions on Ownership
You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Owned Product in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art or Owned Product to advertise, market, or sell any third party product or service; (c) use the Art for your Owned Product in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Owned Product in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Owned Product; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Owned Product; or (g) otherwise utilize the Art for your Owned Product for your or any third party’s commercial benefit.
Other Terms of License
The license granted above applies only to the extent that you continue to own the applicable Owned Product. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Owned Product for any reason, the license granted above will immediately expire with respect to that Product without the requirement of notice, and you will have no further rights in or to the Art for that Product. The restrictions in this section will survive the expiration or termination of these Terms.
You understand and agree as follows: (a) that you will not have the right to, nor will you, use any Art other than in strict compliance with the license and restrictions contained herein; (b) that, depending on the nature of the license granted from our licensors, we may need to (and reserve every right to) pass through additional restrictions on your ability to use, copy and display the Art; and (c) to the extent that we inform you, in any manner, of such additional restrictions, you will be responsible for complying with all such restrictions and that your failure to do so will be deemed a breach of the license contained in this Section and a material breach of these Terms.
Products may be made available for purchase through our Service. Products may have limited quantities and may only be available for limited times. Our Products exist in digital form only, and you will not receive any physical items when you purchase our Products. All purchases are final, and we do not accept returns for any of our Products.
Acquiring our Products
You can acquire our Products through our Service in several ways: (a) by purchasing Products from us through our marketplace (our “Marketplace”) using the supported cryptocurrencies (Flow, Flow USD, Ethereum, Bitcoin, Bitcoin Cash, DAI, and USDC) that are stored in your Crypto Wallet; (b) by similarly purchasing our Products from other Collectors through our Marketplace; or (c) by trading our Products with another Collector (individually and collectively, “Owned Products”). If you buy a Product from another Collector in the Marketplace, you will know the exact Product that you are purchasing. We strongly encourage you not to purchase our Products anywhere other than our Marketplace. If you decide to purchase our Products in any other way or through any other channels, you acknowledge and agree that such purchases will be entirely at your own risk.
Reservation of Rights
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Any offer for any of our Products made on our Service is void where prohibited. All prices and descriptions of our Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue our Service or any of our Products at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Service and/or Products.
The prices of NFTs are extremely volatile and subjective and NFTs have no inherent or intrinsic value. Fluctuations in the price of other NFTs could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of our Marketplace may materially impact the value and desirability of any particular NFT.
You are solely responsible for determining what, if any, taxes apply to your Product-related transactions. We are not responsible for determining the taxes that apply to your transactions in the Marketplace.
Use of Blockchain
Our Service, including our Marketplace, does not store, send, or receive NFTs. This is because the NFTs exist only by virtue of the ownership record maintained on the Flow Network. Any transfer of NFTs occurs within the Flow Network, not on our Service.
Inherent Risks with NFTs
There are risks associated with purchasing NFTs, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You acknowledge and agree that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Flow Network, whenever and however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies and NFTs is uncertain. New regulations or policies may materially adversely affect the development of our Marketplace, and therefore the potential utility or value of your NFTs.
We are not responsible if Content available on our Service is not accurate, complete or current. Service Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on our Service is at your own risk. Our Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Service Content at any time, but we have no obligation to update any Service Content. You agree that it is your responsibility to monitor changes to our Service.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our Services (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms.
Content, products and services available via our Service may include materials from third parties. Third-party links on our Service may direct you to third-party websites that are not affiliated with us. We do not endorse or assume any responsibility for any such third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's terms, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Service or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of our Service or any related website, other websites, or the internet.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable. You agree that from time to time we may suspend our Service for indefinite periods of time or cancel our Service at any time, without notice to you. You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our Service and all Products and services delivered to you through our Service are (except as expressly stated by us) provided “AS IS” and “AS AVAILABLE” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case will Juke, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or any Products procured using our Service, or for any other claim related in any way to your use of our Service or any Product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of our Service or any Content or Product posted, transmitted, or otherwise made available through our Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE FLOW NETWORK, OR YOUR CRYPTO WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) COLLECTOR ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST OUR SERVICE, DAPPER, THE FLOW NETWORK, OR ANY LINKED THIRD PARTY WEBSITES OR SERVICES.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE FLOW NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE FLOW NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE FLOW NETWORK OR YOUR CRYPTO WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FLOW NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
You agree to indemnify, defend and hold harmless Juke and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, including your use of any Art or Owned Products in a manner not expressly allowed under the terms of the applicable license and any additional restrictions.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
You agree that: (i) we will be deemed solely based in the State of California; and (ii) our Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. You and we agree that any Claim (as defined below) that is not subject to arbitration or cannot be heard in small claims court, will be resolved in the state or federal courts of California, and that Los Angeles, California is the proper and exclusive forum for any such proceedings.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE YOU AND JUKE TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Juke that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using our Service; or (d) any other aspect of your relationship or transactions with Juke, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
You can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing Juke at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Juke has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and Juke agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and Arbitrator fees in accordance with AAA rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Juke agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether any provision of these Terms is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section will be deemed as: preventing Juke from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Service Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of the Arbitration Agreement, which will remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any Claim regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual Claims in arbitration.
SECTION 22: CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND JUKE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER JUKE COLLECTORS. YOU AND JUKE FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JUKE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Questions about these Terms should be sent to us at firstname.lastname@example.org.
These Terms and any policies or operating rules posted by us on our Service or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms will not be construed against us.