Jungle Color Mobile Application - Terms of Use

These terms of use for the Jungle Color Mobile Application, constitute a legal agreement and are entered into by and between you and ACCE Group LLC (the Company”, “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Use), govern your access to and use of any content, functionality, and services offered on or through the Jungle Color Mobile Application (Application).

 

Your use of the Application confirms your agreement to these Terms of Use.

 

By using the Application, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all the eligibility requirements. For the avoidance of doubt, we sell products for children, but we sell them to adults, who can purchase for their children or wards with a credit card or other permitted payment method. If you are under 18, you may use the Application only with the involvement and/or assistance of a parent or guardian. A parent or guardian may create profiles for minors.

 

Modifications to the Terms of Use and to the Application

 

The Company reserves the right in its sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Application. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall constitute your acceptance of these.

 

The information and material on the Application may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Application is restricted to users or unavailable at any time or for any period.

 

Your Use of the Application and Account Set-Up and Security

 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Application. You must comply with all applicable laws and third-party agreements (e.g. your wireless data service agreement) when using the Application, which may not contain the same functionality available on the Application or on the Jungle Color website(s). Users are required to ensure that all persons who access the Application through a user’s internet connection are aware of these Terms of Use and comply with them. The Application, including content or areas thereof, may require user registration. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application.

 

Your provision of registration information and any submissions you make to the Application through any functionality such as other applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our [link to] Privacy Policy.

 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access to your account.

 

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including but not limited to any violation of any provision of these Terms of Use.

 

You are prohibited from attempting to circumvent and from violating the security of the Application, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Company’s ability to monitor the Application; (f) using any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the content or material on the Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Application.

 

Intellectual Property Rights and Ownership

 

You understand and agree that the Application and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, button icons, data compilations, digital downloads, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by United States and international intellectual property laws including without limitation, copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights. The compilation of all content included in or made available through any Jungle Color Service is the exclusive property of Jungle Color and protected by United States and international copyright laws.

 

You will not modify, adapt, translate, prepare derivative works of/from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Application and you will not remove, obscure, or alter the Company’s intellectual proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Jungle Color Application.

 

The Company name, the Company logo, “Jungle Color”, the Jungle Color logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Application are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

 

You may only use the Application for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application, in any form or medium whatsoever without the consent of the Company.

 

Users are not permitted to modify copies of any materials from the Application nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

 

If you print, copy, or download any content from the Application in breach of these Terms of Use, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Application or to any content on the Application, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

Conditions of Use and User Submissions and Content Standards

 

As a condition of your access and use, you agree that you may use the Application only for lawful purposes and in accordance with these Terms of Use.

 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Application, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

 

Without limiting the foregoing, you warrant and agree that your use of the Application and any User Submissions shall not:

 

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.

 

  • In any manner violate the Terms of Use of any website or third-party website that is linked to the Application, including but not limited to, any third-party social media website.

 

  • Include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.

 

  • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

 

  • Involve, provide, or contribute any false, inaccurate, or misleading information.

 

  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use.

 

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

 

  • Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

 

  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.

 

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

 

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

 

User Submissions: Grant of Licence

 

The Application may contain Interactive Functions allowing User Submissions on or through the Application.

 

None of the User Submissions you submit on the Application will be subject to any confidentiality by the Company. By providing any User Submission to the Application, you grant the Company and its affiliates and service providers, and each of its respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

 

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to the Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms of Use.

 

You understand and agree that you, not the Company nor the Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Company is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Application.

 

Site Monitoring and Enforcement, Suspension, and Termination

 

The Company has the right, without provision of notice to:

 

  • Remove or refuse to post or upload on the Application any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms of Use.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Application. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application.
  • Terminate or suspend your access to all or part of the Application for any or no reason, including, without limitation, any violation of these Terms of Use.

You waive and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the Company and any of the foregoing parties relating to any, investigations by either the Company or such parties or by law enforcement authorities.

 

The Company has no obligation, nor any responsibility to any party to monitor the Application or its use, and does not and cannot undertake to review material that you or other users submit to the Application. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

No Reliance

 

Although we make reasonable efforts to update the information on the Application, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Application is accurate, complete, or up to date. Your use of the Application is at your own risk and neither the Company nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has any responsibility or liability whatsoever for your use of the Application.

 

The Application may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

 

Privacy

 

By submitting your personal information and using the Application, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our [link to] Privacy Policy, as we deem necessary for use of the Application.

 

By using the Application you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze application use patterns. You can set your browser or device to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser or device to turn off cookies. If you do, however, some areas of the Application may not function adequately.

 

Payments, Taxes and Refunds

You can acquire content on the Application for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and the Company, and/or you and the entity providing the content on the Application. You agree to pay all applicable undisputed fees for the acquisition of content or the use of the Application. When you make your first Transaction, the Application will ask you to choose how frequently it should ask for your password for future Transactions. We will charge your selected payment method (such as your credit card, debit card, gift card/code, or other method available in your home country) for any paid Transactions, including any applicable taxes, charges or statutory deductions. Your primary payment method appears at the top of your account settings payments page. If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize the Company to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account settings payments page.  If the Company cannot charge you, you remain responsible for any uncollected amounts, and the Company may attempt to charge you again or request that you provide another payment method. If you pre-order content, you will be charged when the content is delivered to you (unless you cancel prior to the content’s availability). In accordance with local law, we may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions.

 

All Transactions are final. content prices may change at any time. If technical problems prevent or unreasonably delay delivery of content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by the Company. From time to time, the Company may suspend or cancel payment or refuse a refund request if it finds evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles the Company to a corresponding counterclaim.

 

Disclaimer of Warranties

 

You understand and agree that your use of the Application, its content, and any services or items found or attained through the Application is at your own risk. The Application, its content, and any services or items found or attained through the Application are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

Neither the Company nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors makes any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Application or its contents. Without limiting the foregoing, neither the Company nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrants that the Application, its content, or any services or items found or attained through the Application will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Application or the server that makes it available are free of viruses or other harmful components.

 

The Company cannot and does not guarantee or warrant that files or data available for downloading from the internet or the Application will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Application and your computer, internet, and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your mobile phone or computer equipment, computer programs, data, or other proprietary material due to your use of the Application or any services or items found or attained through the Application or to your downloading of any content or material posted on it, or on any website linked to it.

 

Limitation on Liability

 

Except where such exclusions are prohibited by law, under no circumstance will the Company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Application, nor any content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.

 

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Application, including, but not limited to, your User Submissions, third-party sites, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use.

 

Prohibited Countries Policy and Foreign Trade Regulation

 

The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States sanctions or embargo; (b) to anyone on the United States Department of the Treasury’s list of Specially Designated Nationals or on the United States Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and you are not listed on any United States government list of prohibited or restricted parties).

 

Governing Law and Choice of Forum

The Application and these Terms of Use will in all respects be interpreted, enforced and governed exclusively under the internal laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any choice or conflict of law provision, principle, or rule or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

 

Any action or proceeding arising out of or relating to the Application and under these Terms of Use will be instituted exclusively in the state and federal courts of Montgomery County, Pennsylvania which shall have exclusive jurisdiction over such dispute and the Parties consent to the personal jurisdiction of such courts, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

If legal action or other proceeding of any nature whatsoever is brought in connection with any dispute arising out of this Agreement, the successful party shall be entitled to recover from the non-successful party all attorneys’ fees and costs incurred by the successful party in connection with such dispute.

 

Waiver

 

Except as otherwise set forth in this Terms of Use, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Severability

 

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Entire Agreement

 

The Terms of Use and the [link to] Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Application and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

Additional Terms

 

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

 

iOS – Apple

  • These Terms of Use are an agreement between you and the Company, and not with Apple. Apple is not responsible for the Application and the content thereof.
  • The Company grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

 

  • Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim.

 

  • Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

  • In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

 

  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

 

Reporting and Contact

 

The Application is operated by ACCE Group LLC. 840 1st Ave Ste 400, King of Prussia PA 19406, United States of America.

 

All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to info@junglecolor.com

 

18-March-2022