By your use of JOGG, you acknowledge that you have read, understood and agree to be fully bound by this Agreement. If you do not agree to this Agreement, select the “Cancel” button and do not access, download, install or use JOGG in any way, form or method.
Jogg, Inc. reserves the right in its sole discretion and with or without notice to you, to modify and alter JOGG, including but not limited to its features, specifications, capabilities, functions, programming, availability and all other services and software constituting JOGG (“Changes.”). By continuing to use JOGG after any such Changes, you agree that you are bound by such Changes, and that Jogg, Inc. has no liability to you whatsoever as a result of any such Changes.
Grant of Licenses.
a) License To You. Provided that you agree and comply with the terms of this Agreement, Jogg, Inc. hereby grants to you a non-exclusive, non-transferable, limited license, to access, download and use JOGG to reproduce, transmit, display and access Content, which shall mean any and all audio and video materials including, without limitation, film, sound, and other forms of intellectual property, whether in still, live or animated form, contained in materials uploaded, or provided by you to Jogg, Inc. and/or through the use of JOGG, in any method or form.
b) License From You. You hereby grant Jogg, Inc. and its users a world-wide, royalty-free, non-exclusive license to: (i) deliver Content in accordance with the preferences you set using your Account, which means your individual user account, including the settings, preferences, profile information selected by you; (ii) upload, download, secure, encode, reproduce, host, stream, transmit, syndicate, cache, route, reformat, analyze and create algorithms and reports based on any of these actions, access to and use of the Content; (iii) exhibit, broadcast, publicly display, publicly perform, distribute, copy, store, add metadata and associations, and/or reproduce the Content on or through JOGG; (iv) combine the content with any other content and (v) utilize Content to test the internal technologies or processes of Jogg, Inc. and its partner firms.
No Liability. You assume the risks of all Content which you provide or access through JOGG and understand and agree that JOGG is a passive conduit of online Content. You acknowledge Jogg, Inc. is not responsible for preventing or identifying infringement of intellectual property rights and assumes no responsibility for monitoring for possible infringement or enforcing intellectual property rights. For any infringement or suspected infringement of intellectual property rights, you will notify Jogg, Inc. in accordance with Jogg, Inc.'s Notification Policy, which is set forth in Section 23 below. Jogg, Inc. makes no representations or warranties as to any Content made available by any user of JOGG, made accessible through JOGG, including without limitation, whether or not such Content requires or has obtained all requisite clearances, licenses, or releases necessary for the legal use of such Content, whether or not such Content violates the rights of any third parties, including without limitation, privacy rights, intellectual property rights, and the rights to receive royalties, or any other compensation.
Privacy. Access to the Account and JOGG requires a secure, individual password. You must protect passwords from disclosure or unauthorized use. In the event of a suspected or actual breach of security related to JOGG, you must immediately notify Jogg, Inc.. While Jogg, Inc. will use commercially reasonable efforts to provide assistance, Jogg, Inc. is not liable for any loss or damage resulting from the breach of security of any Account or your failure to securely maintain the confidentiality of passwords.
Third Party Materials. JOGG may include third party components that may be subject to their own, separate license agreements. You assume all risks and liabilities associated with the use of any such third party offerings. Any third party products, Content, services or links displayed on JOGG are not referrals or endorsements of any product, service or provider.