Terms of Use

This Terms of Use (this "Agreement") shall govern our relationship with all users and visitors of www.kidjot.com (the "Website").  By using, visiting, or otherwise accessing the Website, you agree to the terms of this Agreement.  If you do not agree with this Agreement, do not use the Website.  If you do not agree to be bound by this Agreement as published by us from time to time, your sole and exclusive remedy is to discontinue using the Website. By "us," "we" and "our" we mean Jot Interactive, LLC, a North Carolina limited liability company.  By "you" we mean you and any family member using your account or any person authorized to use your account.

1. Description of Service. The Website is a social networking site on which you can share stories and photographs of your family with close friends and relatives.  You will be responsible for all activities occurring under your username and for keeping your password secure.  You understand and agree that the Website is provided to you on an AS IS and AS AVAILABLE basis.  We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Website or any software.  We also reserve the right to modify, suspend or discontinue the Website with or without notice at any time and without any liability to you.  You shall use the Website solely for the purpose and terms set out in this Agreement and as further set out on the Website.  We reserve the right to suspend or terminate your access to the Website at any time in our sole discretion and to modify, amend, or change the Website (including the functionality of the Website) at any time in our sole discretion.

2.  Your Use of the Website.  Subject to the remaining provisions of this Agreement, you may use the Website to post family-friendly stories and photos.  We allow you to post different content on the Website, such as text, photos, or other materials (collectively the "Content").  We assume no responsibility for monitoring the Website for inappropriate, unlawful, violating, infringing, distasteful, or otherwise objectionable Content or conduct.  We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person.

You agree that you are responsible for your own use of the Website, for any posts you make, and for any consequences thereof.  You agree that any Content posted by you shall meet all of the requirements and restrictions provided herein.  You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Although we attempt to provide an environment that is suitable for users of all ages, the Website, as a result of the posts of others, may contain offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive.  We are not responsible and shall not be liable for any such postings.  We expect that you will use caution and common sense and exercise proper judgment when using the Website.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Website or endorse any opinions expressed via the Website.  You acknowledge that any reliance on material posted via the Website will be AT YOUR OWN RISK.

Unless expressly authorized in writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Website, (b) use of the Website, or (c) access to the Website.

Some parts of the Website will use cookies to collect information about visitors' use of the Website.  This information collected from cookies is used to improve the functionality of the Website while navigating across different sections.  The personal user is not identifiable from this information.  A cookie is a message that is sent to your browser from a web server and stored on your computer's hard drive.  Most internet sites use cookies.

3. Prohibited Content. The following is a non-exclusive list of prohibited Content with regard to the Website:

(a) Content that is offensive or promotes racism, bigotry, hatred, physical harm or harassment of any kind against any group or individual;

(b) Content that depicts people in a sexual or violent manner;

(c) Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(d) Content that promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(e) Content that promotes or includes an illegal or unauthorized copy of another person's copyrighted work, including, without limitation, providing pirated computer programs or links to them, or providing pirated music or links to pirated music files;

(f) Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

(g) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal or dangerous weapons, violating someone's privacy, or providing or creating computer viruses;

(h) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(i) Content that involves commercial activities and/or advertising or sales without our prior written consent;

(j)Content that is automatically created by any sort of script meant to add friends or send comments or messages; and

(k) Content that involves using the account, username, or password of another user at any time.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the provisions of this section; provided that we shall not be obligated to do so.

4. Representations and Warranties. You represent, warrant and covenant that:

(a) Any information or data you have provided or will provide to us is and will be accurate, true, and complete.

(b) You will not generate, nor cause others to publish any prohibited Content (as described in Section 3 hereof) on the Website.

(c) Without our written consent, you shall not advertise on the Website.

(d) You shall not advertise anything illegal, nor engage in any illegal or fraudulent business practice on the Website.

(e) You hold and hereby grant to us all rights necessary for us to publish the Website containing information provided by you without infringing or violating any of your rights, including, without limitation, any intellectual property or trade secret rights.

(f) Publishing any of your Content will not violate or infringe upon any applicable law, regulation, code of conduct or third party rights (including without limitation any intellectual property, publicity, trade secret, or other right).

(g) All your Content is and shall be free of viruses, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or any other computer programming routine which is intended to, or has the capacity to, damage, interfere with, intercept or expropriate any system data or personal information.

(h) Your Content does not and shall not contain, promote or offer any form of spyware, adware or other advertising or information collection software or other software ("Prohibited Software") or cause Prohibited Software to be installed onto a user's computer without the user's express consent.

(i) Your Content does not and shall not contain, link to, nor promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(j) You are solely responsible for all of your Content and websites, services and landing pages which your Content links or directs a user to.

(k) You shall not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Website, any aspect or portion thereof, including, without limitation, source code or algorithms.

(l) You have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted by you.

(m) You will not bully, intimidate, or harass any user.

(n) You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

(o) You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.

(p) You will not offer any contest, giveaway, or sweepstakes ("Promotion") on the Website without our prior written consent.  If we consent, you take full responsibility for the Promotion, and will follow our instructions and all applicable laws.

(q) You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.

(r) You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack.

(s) You will not provide any false personal information on the Website, or create an account for anyone other than yourself without permission.

(t) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

(u) You will not use the Website if you are a convicted sex offender.

(v) You will keep your contact information accurate and up-to-date.

(w) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

(x) You will not transfer your account to anyone without first getting our written permission.

(y) If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username).

(z) You will not post content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law.

(aa) We can remove any content or information you post on the Website if we believe that it violates this Agreement.

(bb) If you collect information from users, you will: obtain their consent, make it clear you (and not the Website) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

(cc) You will not post anyone's identification documents or sensitive financial information on the Website.

(dd) You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer.  You understand that the Website may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes.  This might result in you restoring files that are no longer usable.

(ee) If you are entering into this Agreement on behalf of another (a "Principal"), you agree to the foregoing representations, warranties, and covenants for yourself and for such Principal and also represent that you are the Principal's authorized agent and have express authority to bind Principal to this Agreement and to make such representations, warranties, and covenants on behalf of the Principal.

5. General Practices Regarding Use and Storage.

(a) Levels of Account. The Website offers two levels of accounts: (i) Kidjot Free and (ii) Kidjot Subscription.  The Kidjot Free account is free of charge and provides customers with a limited amount of storage space as may be specified by us from time to time and storage time of three months (i.e. any particular Content posted by you during any period of time in which your account is a Kidjot Free account will be deleted from the Website on that certain date which is three months from the date on which such particular Content was posted).  You may upgrade to a Kidjot Subscription account which provides customers with an increased amount of storage space and stores Content which is posted by you during any period of time in which your account is a Kidjot Subscription for an indefinite period of time for a monthly fee or annual fee (the "Fees") at the then-applicable rate, all of which is specified at the Help and Support link at the bottom of the web page.  You may upgrade your Kidjot Free account to a Kidjot Subscription account at any time; provided, however, in order to prevent deletion of Content previously posted by you during a period of time in which your account was a Kidjot Free account, you will need to repost such Content during such time as your account is a Kidjot Subscription account and prior to the scheduled deletion of such Kidjot Free Content.  We reserve the right to change the amount of storage or duration of storage available under either Kidjot Free accounts or Kidjot Subscription accounts at any time in our sole discretion.  Because digital information can be lost, we strongly recommend that you create at least one backup of all Content posted to the Website by you.  You agree that we have no responsibility or liability for the deletion of, corruption of, loss of, or the failure to store any Content and other data or information posted by you to the Website, regardless of whether you have a Kidjot Free account or Kidjot Subscription account.  Your Kidjot Free account or Kidjot Subscription account is non-transferable and your use of the Website is non-exclusive and revocable by us.

(b) Payment of Fees for Kidjot Subscription Accounts. You will pay the Fees to us by authorized credit card, debit card, or via Paypal (each a "charge account").  We reserve the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you, which may be sent by email or posted to the Website.  Your authorized charge account will automatically be charged Fees on the day you sign up for a Kidjot Subscription account and on each day you renew your Kidjot Subscription account.  You will be responsible for all taxes associated with your Kidjot Subscription account and the same may, at our sole discretion, be charged to your charge account at the same time at which Fees are charged thereto.  In the event you cancel your Kidjot Subscription account, we will cease charging Fees to your charge account, but will not be responsible for returning any Fees paid to us by you prior to your cancellation of your Kidjot Subscription account.  Your Kidjot Subscription account will be considered delinquent if your charge account company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle.  If you believe we have billed you incorrectly, you must contact us no later than 30 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit.  Billing inquiry and support contact information can be found in the Help and Support link at the bottom of the Website page.  Notwithstanding the foregoing, should payment in full of any amount owed to us under this Agreement not be received by us within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less.  If any payment due to us is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees.  If your payment of Fees results in an overdraft or other fee from your charge account company, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or are otherwise authorized pursuant to this Agreement.  When you provide a payment source to us, you confirm that you are permitted to use that payment source.  You also authorize us to collect and store it, along with other related transaction information.  When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.  If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these payments terms with a parent or guardian to make sure that you both understand them.

(c) Authorized Actions. You specifically authorize us to, in our sole discretion:

(i) Make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

(ii) Cancel any transaction if we believe the transaction violates this Agreement or applicable law, or we believe doing so may prevent financial loss.

(iii) Place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.

(iv) Contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law or otherwise have good reason as we determine in our sole discretion.

6. User Name and Registration. In order to create a Kidjot Free account or Kidjot Subscription account, you must complete the registration process and obtain your personal Username and Password.  In connection with your registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete.  In addition, you may only register for one Kidjot Free account.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if you register for more than one Kidjot Free account, we have the right to suspend or terminate your Kidjot Free account or Kidjot Subscription account and refuse any and all current and future use of the Website. In addition, we reserve the right to deny registration to any customer we deem inappropriate to use the Website.  You may not register for the Website if you are under 14 years of age. By registering for the Website, you represent to us that you are 13 years of age or older, and hereby agree to be legally bound by this Agreement (or, if you are under the age of majority in your state (usually 18), you represent that your parent or legal guardian is hereby agreeing on your behalf to be legally bound by this Agreement).  When you register for a Kidjot Free account or Kidjot Subscription account you will choose a personal login ("Username") and password ("Password").  Your Username and Password are required to access your Kidjot Free account or Kidjot Subscription account. It is extremely important to remember your Username and Password; however, in the event you forget your Username or Password: (a) you may be able to retrieve your Password at anytime on the Website by clicking on the link "FORGOT YOUR PASSWORD?"; and (b) you may be able to retrieve your Username at anytime on the Website by clicking on the link "FORGOT YOUR USERNAME?".  You may change your password at any time by opening the "SETTINGS" page in the application.  We shall not be responsible for any errors, whether caused by us or otherwise, that prevent you from retrieving your Username or Password.

You will promptly notify us of any change in the information you provide to us during registration (including, without limitation, any change in your mailing address, telephone numbers or email address).

7. Our Intellectual Property. We maintain, reserve, and are the sole owner of all proprietary rights regarding KidJot Intellectual Property.  Without limiting any provisions contained in this Agreement, without our written consent you shall not be entitled to "frame" or "mirror" any content contained on, or accessible through, the Website, on any other server or internet-based device.  For the purpose of this Agreement, "KidJot Intellectual Property" shall include, without limitation, the Website, internet address, source code, any copyrighted works, trademarks, trade names, logos, trade secrets, designs, trade dress and other brand designations used by us, patented works, or any other intellectual property of ours.  You acknowledge that we own all right, title and interest in and to the KidJot Intellectual Property.  The KidJot Intellectual Property is protected by U.S. and international intellectual property laws.  Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the KidJot Intellectual Property. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the KidJot Intellectual Property.

8. Your Intellectual Property. We claim no ownership or control over any Content submitted, posted or displayed by you on the Website.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on the Website and you are responsible for protecting those rights, as appropriate.  By submitting, posting or displaying Content on the Website, which you acknowledge is intended to be available to the members of the public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Website for the purpose of displaying and distributing the Website.  When you delete Content posted by you, it is deleted in a manner similar to emptying the recycle bin on a computer.  However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to other users).

9. Termination of Your Account.

(a) By You. You may cancel your Kidjot Free or Kidjot Subscription account at any time with thirty (30) days advance written notice to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  If you cancel your Kidjot Subscription Account, it will automatically become a Kidjot Free account and be subject to the terms of this Agreement applicable to Kidjot Free accounts.

(b) By Us. We may suspend or terminate your Kidjot Free or Kidjot Subscription account at any time, without warning, and we may limit your access to the Website, or to any part of the Website, at any time in our sole discretion.  Additionally, if your Kidjot Free account is inactive for over one hundred twenty (120) days, it may be automatically be cancelled.  Your Kidjot Free or Kidjot Subscription account may be suspended, archived or purged from our system if your account is delinquent at any time.  In the event of suspension or termination of your account, we reserve the right to disable your account and restrict your access to your account or any files or other content contained in your account.  Upon suspension or termination of your account, any amounts owed to us by you may, in our sole discretion, be declared immediately due and payable.  If we cancel your Kidjot Subscription Account, it will automatically become a Kidjot Free account and be subject to the terms of this Agreement applicable to Kidjot Free accounts; provided, however, that we may also terminate such Kidjot Free account at our sole discretion.

(c) Effect of Termination. Even after your Kidjot Free or Kidjot Subscription account is terminated, this Agreement will remain in effect.  Once your Kidjot Free is terminated you agree not to post anything on the Website, or assist or cause another person to post anything on the Website.  In the event your Kidjot Subscription account is terminated for any reason, any amounts owed to us by you shall become automatically and immediately due and payable.

10. Termination of this Agreement. We may, in our sole discretion, at any time and for any reason, terminate this Agreement.  Upon termination of this Agreement, any amounts owed to us by you shall become automatically and immediately due and payable.

11. Indemnification. You shall indemnify, defend and hold harmless us and our managers, members, officers, directors, shareholders, agents, employees, and representatives from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges and expenses, including without limitation, fees and expenses of legal counsel and expert witnesses (collectively, "Claims"), which are related to, the result of, or arise out of this Agreement, breach of this Agreement, your use of the Website, any Content posted by you, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trade secret violation, trademark infringement, and infringement or violation of other legal rights or any other Claims which may be imposed or incurred by or asserted against us by reason of your actual or alleged violation or breach of any other obligation, your alleged violation or infringement of any third party's rights, or your actual or alleged violation of any law, ordinance or regulation of any federal, state, or local governmental authority.

12. DISCLAIMERS. WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE OR SECURE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) YOUR ACCOUNT OR THE WEBSITE WILL MEET YOUR NEEDS; (B) ACCESS TO YOUR ACCOUNT OR THE WEBSITE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THE DATA AND FILES YOU STORE IN YOUR ACCOUNT OR ON THE WEBSITE WILL NOT BE LOST OR DAMAGED; (D) THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) DEFECTS IN THE WEBSITE WILL BE CORRECTED.  YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.  YOU ACKNOWLEDGE THAT THE POSTING OF CONTENT OR INFORMATION TO THE WEBSITE AND THE PROVIDING OF INFORMATION TO US IS AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY CORRUPTION OF DATA, LOSS OF DATA, OR UNINTENTIONAL REVELATION OF CONFIDENTIAL OR PRIVATE INFORMATION.  THE WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR managers, members, officers, directors, shareholders, agents, employees, and representatives FROM ANY CLAIMS (as defined in section 10), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.  IF APPLICABLE LAW DOES NOT PERMIT THE RELEASE OF PROSPECTIVE CLAIMS OR CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, YOU HEREBY WAIVE ANY RIGHTS UNDER SUCH APPLICABLE LAW.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY ASPECT OF YOUR USE OF THIS WEBSITE OR ANY SERVICE OFFERED BY US, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY SERVICE OFFERED BY US, FROM INABILITY TO USE THE WEBSITE OR ANY SERVICE OFFERED BY US, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, TERMINATION OF THE WEBSITE OR ANY SERVICE OFFERED BY US, ANY OTHER ACTION TAKEN BY US, loss or corruption of data, revelation of confidential or private information, OR OTHERWISE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. OUR AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.  THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitationS may not apply to you. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so at your own risk.

14. Special Provisions Applicable to Users Outside the United States. The following provisions apply to users outside the United States: (a) you consent to having your personal data transferred to and processed in the United States; and (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Website (such as advertising or payments) or operate a software application on the Website.

15. Cooperation with Law Enforcement. We shall have the right to provide any information provided to us by you, any Content that you may post to the Website, and any other information that we may have about you to law enforcement and/or court or arbitrator at such person's request regardless of whether such information is confidential, private, or otherwise protected in any manner under this Agreement or in any other agreement between you and us.  You waive any and all Claims that you would otherwise have against us and our managers, members, officers, directors, shareholders, agents, employees, and representatives for release of such information.  IF APPLICABLE LAW DOES NOT PERMIT THE RELEASE OF PROSPECTIVE CLAIMS OR CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, YOU HEREBY WAIVE ANY RIGHTS UNDER SUCH APPLICABLE LAW.

16.       Miscellaneous.

(a) Entire Agreement.  This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior or contemporaneous oral or written understandings between them with respect to the subject matter hereof.

(b) Binding Effect; Assignment.  This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns.  This Agreement and all rights and obligations hereunder shall not be assigned by any party without the prior express written consent of the other party, such consent not to be unreasonably withheld.

(c) Severability.  The provisions of this Agreement are severable, and the invalidity of any provision shall not affect the validity of any other provision.

(d) Governing Law.  This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the conflict of laws provisions thereof.

(e) Jurisdiction/Service of Process.  Any legal proceeding arising out of or relating to this Agreement or any transaction contemplated herein may be brought in the courts of the State of North Carolina, County of Mecklenburg, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of North Carolina, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such legal proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the legal proceeding shall be heard and determined only in any such court and agrees not to bring any legal proceeding arising out of or relating to this Agreement or any transaction contemplated herein in any other court.  The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum.  Process in any legal proceeding referred to in the first sentence of this section may be served on any party anywhere in the world.

(f) Amendment; Waiver.  Except as otherwise expressly provided in this Agreement, no amendment, modification or discharge of this Agreement shall be valid and binding unless set forth in writing and duly executed by each of the parties hereto.  Any waiver by any party or consent by any party to any variation from any provision of this Agreement shall be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent shall not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.

17. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Survival. Sections 4, 5, 7, 8, 11, 12, 13, 15, 16, 17, 18, 19, and 20 shall remain in effect after, and shall survive, the expiration or termination of this Agreement.

19. Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Website should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY OUR USERS. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service) to the contact listed below. You will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent at the following address:

Jot Interactive LLC
232 Portage Trail
Suite H
Cuyahoga Falls, Ohio 44221 USA

Email Address of Designated Agent: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(b) Identification of the copyrighted work (or works) that you claim has been infringed;

(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied; etc.);

(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(e) Your address, telephone number and e-mail address;

(f) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

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

20. Modifications.  Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version.  We may, in our sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions.