TERMS OF SERVICE AND PRIVACY POLICY

IMPORTANT READING

You must read these terms of service, including the privacy policy, (collectively « the Terms of Service ») carefully and accept them when purchasing or downloading all products, services or software from JACK 45 SA, with registered offices at 420 Chaussée de Louvain, 1380 LASNE (Belgium), registered with the Crossroad Bank for Enterprises in Belgium under No. 0597.733.103 (hereinafter the “Company”). The Terms of Service govern the use and licensing of the JACK mobile app for iOS™ and Android™ and web app (currently available at app.youhaveajack.com), as well as the related services and software, providing a cloud-based messaging service based on the principle of delayed delivery (hereinafter collectively referred to as “the Services”). The Terms of Service include, without limitation, the Privacy Policy (see section 3 below) and the Acceptable Use Policy, (see section 4 below), which form an integral part of your agreement with the Company under the Terms of Service. Other additional terms may be incorporated to the Terms of Service by reference in the future, as the case may be (hereinafter the “Additional Terms”).

By creating an account in relation to the Services (hereinafter an “Account”), completing the electronic sign up process for the Services on any electronic platform where the Services are accessible, by clicking any “submit”, “continue”, “allow” or “accept” buttons, or using the Services without objecting to the content of the Terms of Service, you (hereinafter referred to as “You” or “Your”), represent and warrant that (a) you are entering into a legally binding agreement with the Company governed by the Terms of Service (hereinafter the “Agreement”) and will use the Services for non-commercial private purposes only, (b) you are above the age of 12 years old, (c) you shall abide by all the covenants and conditions in the Terms of Service, including the disclaimer of warranty and the limitations of liability sections (see section 5.1. hereunder), (d) your relationship with the Company and your using the Services shall not be governed by additional or other terms and conditions than the Terms of Service and, where applicable, the Additional Terms.

The Company reserves the right to update or amend the scope of the Services and/or the Terms of Service at any time, subject only to giving You notice thereof. Changes to the Terms of Service shall enter into force with immediate effect after such notification has been sent through the Account Data which You provided when completing the registration process or was otherwise brought to your attention (e.g. through a pop-up notification or at the occasion of the JACK app update process).

1. ACCESS TO AND USE OF THE SERVICES

1.1. Applicable Terms

Access to, and use of, the Services is only permitted subject to acceptance of, and compliance with, these Terms of Service, including, without limitation, the Privacy Policy and the Acceptable Use Policy. The Company reserves the right at its sole discretion and at all times to suspend or terminate Your right to access and use all or part of the Services, as it deems appropriate and in accordance with the Terms of Service. The Company does not grant You the right to use the Services if you are below 12 years old.

1.2. License Grant

The Company hereby grants You a personal, non-exclusive, worldwide, non-transferable, non-sublicensable right and license to access and use the Services for an indefinite period of time. This license grant may be terminated by the Company for any reason whatsoever or for no reason, at any time and without prior notice period. The Services are provided to You on the basis of a license grant, and the Company is not transferring to You any right, title, interest or ownership in and to any element of the Services, other than as expressly set forth in the Terms of Service.

The Services are made available to You under this license grant and subject to the disclaimer of warranty and limitations of liability set forth hereunder. Your use of the Services is at your own risks.

The Services are made available solely for use on the devices and through the operating systems that are approved by the Company. You may make use of the Services for non-commercial private purposes only. If you would like to make use of the Services for commercial or professional purposes, please contact us at info@jack45.com. You are not allowed to reproduce, communicate to the public, make available, distribute, sell, rent, lend, or otherwise dispose of, the Services, otherwise than as expressly authorized under the Terms of Service. You acknowledge that the Services are proprietary to the Company, are protected by intellectual property rights and contain information, know-how or trade secrets that are confidential information proprietary to the Company and are commercially valuable to the Company. You shall not remove any proprietary notices or labels from any of the Services. You shall not reproduce, alter, modify, redistribute, make available, sell, lend, rent, auction, translate, make a derivate work of, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable format. The license granted to You under the Terms of Service is strictly personal and You shall not transfer or sub-license it to any third party. You shall not grant any security interest or transfer or pledge any rights in and to all or part of the Services. All rights not expressly granted under the Terms of Service are strictly reserved to the Company. Unless specifically authorized by the Company, You may not use any data or information available on the Services as a means of generating revenue through the sale of contact or of other information.

The Company further grants You the right to receive any standard updates and support that it is providing to all users of the Services on a general basis.

The Company reserves the right to change the scope of the Services and to charge a fee or financial amount in the future for the use of all or part of the Services under either the license or the provision of maintenance or support services, for personalized or freemium versions of the Services (including but not limited to in-app purchases or gated features), subject to Your agreement and under such Additional Terms as agreed upon with You.

1.3. End User Conduct

The access to and use of the Services is subject to abiding by the rules regarding the conduct of all users, as set forth in this section 1.3. and in the Acceptable Use Policy (section 4 below), without prejudice to any applicable laws or regulations in force. You are solely responsible for any use that You make of the Services, including all content on and from the devices You use to run the Services, as well as any transmissions or communications You make or receive when using the Services. You agree that You are responsible for all your actions or inactions of You or, where authorized, any third party that You would allow to access to, or make use of, Your Account. You shall make all necessary efforts to monitor the use of Your Account and of the Services. Your use of the Services is subject to all applicable laws, rules and regulations, including at all local, regional, state, national and international levels. Without any limitation, Your use of the Services is notably subject to regulations governing privacy and personal data, export controls, consumer protection, unfair competition, intellectual property rights, anti-discrimination, false or misleading advertising, etc. In addition to abiding by all applicable laws and regulations, You represent and warrant to the Company that You shall not (a) use the Services to post or disseminate in any way any type of content, software or data that is or could be harmful or detrimental to the Company or to others, (b) use the Services for any illegal purposes, (c) use the Services to interfere with or disrupt any network connected to the Services, (d) infringe any third party’s intellectual property rights, trade secret rights or other proprietary rights or rights of publicity or privacy or personal data protection rights, (e) use the Services to post or disseminate any content or material of any type or nature that is unlawful, harassing, libelous, defamatory, racist, obscene, indecent or inappropriate, abusive, violent, threatening, offensive or otherwise objectionable. Without prejudice to section 1.2, the Company reserves the right to block or suspend Your Account, or otherwise discontinue the use of all or part of the Services, as it deems appropriate and in the Company’s sole discretion, in the event the Company has reasons to believe that You have violated in any way the terms of this section 1.3 or of the section 4 (Acceptable Use Policy).

2. YOUR ACCOUNT AND YOUR DATA

2.1. Account Data

You agree to provide such contact and identity information as requested by the Company in the course of the creation of Your Account and other registration process or thereafter (hereinafter the “Account Data”). You represent and warrant that the Account Data You provide to the Company is true and accurate. The Company may verify the accuracy of the Account Data, including your age, as it deems appropriate. The Company may request You to provide further Account Data as reasonably necessary to verify Your identity or Your ability to make use of the Services. You shall maintain and update the Account Data to keep it current, complete and accurate.

2.2. Service Data

Any information, data, files, content or materials of any type that are posted, viewed, collected, transmitted, stored or shared when using the Services, are referred to as “Service Data”. The Company does not own and does not claim ownership of the Service Data, and hereby expressly waives any liability in respect of the Service Data collected, posted, produced, shared or otherwise processed by You or other users of the Services. The Company does not select, test, approve, verify or otherwise monitor or moderate the Service Data. To the extent that the Service Data contains information or data emanating or coming from third parties, it is Your sole responsibility to obtain consent from such third parties where necessary. The Company shall access or use the Service Data, including Personal Data (as defined below), solely for the purposes of delivering the Services to You or other authorized users of the Services. The Company shall further access and make use of the Service Data for the purposes that are described in the Privacy Policy (section 3 below). The Service Data You submit when using the Services is subject to a non-exclusive, assignable, sub-licensable, royalty-free, worldwide license which You grant the Company and whereby You allow the Company to copy, make available, distribute, adapt, and otherwise use, any such Service Data for the purposes of performing the Services, without any further consent, notice and/or compensation to You or any third parties. The effects of this license will terminate for the future when You delete the same portion of the Service Data (where possible) or when you close Your Account, provided that the Service Data published by or shared with third parties beforehand shall remain subject to this license perpetually.

2.3. Personal Data

“Personal Data” under the Agreement are as defined in the Directive 1995/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (i.e. any information relating to an identified or identifiable natural person) and the applicable implementing national law(s). Such Personal Data shall be processed in accordance with the Privacy Policy (section 3 below). Your consenting with the Terms of Service includes consenting with the Privacy Policy and allowing the Company to process Your personal data in accordance with the Privacy Policy and for the purposes stated therein. The Terms of Service, including the Privacy Policy in section 3, are also accessible on the website of the Company.

2.4. Passwords and Security Data

“Security Data” is any data associated to an Account and aimed at ensuring the authentication of the person accessing the Account, such as, without limitation, a username/login, password or other type of information or data associated to You. You shall keep all such Security Data strictly confidential and protect the same against breach, loss, leak or theft or other misappropriation. You shall use the Security Data only for the purposes of accessing Your Account and using the Services in accordance with the Terms of Service, and you shall refrain from selling, trading or otherwise transferring or making available Your Security Data to any third party. You shall not use any third party’s Security Data and shall not let a third party use Your Security Data. You are solely responsible for any and all activity that occurs or Service Data that is transmitted under Your Account. Except in case of gross or intentional negligence, the Company shall have no liability whatsoever in the event, notably and without limitation, of loss or damage or failure to receive information and resulting from a third party using Your Security Data, either with or without Your knowledge. The Company does not maintain a database of users’ Security Data and does not accept any responsibility if You do not maintain the confidentiality of Your Security Data. You shall immediately notify the Company of any unauthorized use of Your Security Data or Your Account, of any other suspected breach of security you become aware of, including if You believe that Your Security Data or Your Account has been stolen or otherwise compromised.

3. PRIVACY POLICY

This Privacy Policy applies whenever you make use of the Services and discloses how the Company collects, protects, uses and shares Personal Data gathered through the use of the Services.

The Company respects your privacy and how you may choose to provide data. The Company recognizes the need for appropriate protections and management of the Personal Data collected. The Company conducts its business pursuant to this Privacy Policy to assist you in understanding what types of Personal Data the Company may collect, how that Personal Data may be used, and with whom the Personal Data may be shared.

3.1. Data Controller

The legal entity responsible for the processing of your Personal Data is JACK Media SA, as further identified above and referred to in these Terms of Service as the “Company”. This Privacy Policy sets out the conditions under which the Company shall process Your Personal Data, with your consent hereto where necessary, as an integral part of the Terms of Service. The Company is the data controller under the Belgian Act of 8 December 1992 on privacy protection with regard to the processing of personal data, as modified.

3.2. What categories of Personal Data do we collect?

The following categories of Personal Data are collected and processed by the Company: Account Data (as defined in section 2.1): this is identification information You provide us with, in order to create Your Account, including data such as first and last names, country of residence, Account activation code, mobile phone number, connected device ID, Your profile picture (if any), email address (for certain Services), time and date of Account creation; Service Data (as defined in section 2.2): this is information or content posted, viewed, collected, transmitted, stored or shared by You or other users of the Services, including metadata associated with such Service Data, e.g. the time and place of transmission, the duration of transmission; Security Data (as defined in section 2.4): this is username/login and password information for confidentiality and security purposes.

When using the Services, You may also freely decide to allow access to your contacts lists in order to be able to send messages to Your contacts (Your contacts will then remain on Your device and no copy of Your contacts lists will be transferred to the Company’s servers). In case You allow such access, the Company will only use Your contact’s Personal Data to deliver the messages You addressed to them (and, as the case may be, to inform them of the procedure to register for the Services if they are not yet registered users).

3.3. Purposes of processing

The Company shall process Your Personal Data solely for the purposes indicated in the Privacy Policy. The general purposes for which the Company shall process Your Personal Data are to perform the Services and to manage the contractual relationship with You. In addition to that, the Company may process Your Personal Data, including Service Data, for monitoring the use of the Services, for analyzing the habits of the users, for designing additions or new functionalities enhancing the Services and for market research purposes. To the greatest extent possible, the Company shall process aggregate data (which is data that does neither identify You nor can be linked to You), pseudonymized or anonymized data, rather than Personal Data, when the purposes of such processing can be achieved in the same way.

If You consent to the use of Your Personal Data for commercial communications and advertising purposes, the Company will use your data for the purposes to which you have granted consent until you revoke such consent. If you wish for Your Personal Data to no longer be processed for advertising purposes, You have the right to withdraw at any time Your consent to such processing, free of charge and without having to provide a justification. The procedure for doing so is outlined in section 3.9 below. However, you must be aware that this may render parts of the Services no longer accessible.The Company may use your Personal Data for new purposes which are as yet unforeseen in this Privacy Policy, either on the basis of an applicable statutory permission or Your consent. In any event, prior to using Personal Data for other purposes, the Company will inform you about the changes to this Privacy Policy and, in case of consent-based activities, will offer You the possibility to decline participation in these changes.

3.4. Location data

The data that are collected may also include location data, defined as data processed in the electronic communications network or by an electronic communications service and indicating the geographical location of the device of an end-user using a publicly accessible electronic communications service. The location data processed are the geographical data provided by the GPS system to identify the exact location of the end-user’s device. You hereby consent to the processing of Your location data for the purposes of performing the Services, such as verifying the location of the user when this is a condition for the transmission of a message. The location data shall be processed no longer than necessary for that purpose, nor shall it be processed for other purposes than identified in section 3.3. above. You have the right to withdraw at any time Your consent to the processing of location data by disabling the geo-localization function on your device or by refusing access to location data during the registration process. However, you must be aware that this may affect the correct provision of the Services and in particular the transmission of messages when those are associated with some location-based condition.

3.5. Sensitive Data

Some information, statements, data and content, including pictures or videos, which You choose to submit when using the Services, may, or is likely to, reveal Your or other people’s gender, racial or ethnic origin, political opinions, religion or philosophical belief, sexual orientations, or other sensitive information such as Your trade-union membership or health-related data. You agree that You are providing all such information in full acknowledgement of the sensitive nature thereof and under Your sole responsibility. By posting sensitive information related to You, which is optional and not required to use the Services, You hereby expressly give Your informed consent to the processing of such Personal Data in accordance with this Privacy Policy.

3.6. Commercial communications

You hereby agree that we may send to You commercial communications regarding the Company or the Services through messages sent via the Services or other means. Subject to your express consent when you provide us with your e-mail address, we may also send to You commercial communications regarding the Company or the Services by e-mail.

3.7. How do we share information with third parties ?

The Service Data transmitted to other users of the Services with Your consent, may be used by those third parties for their own purposes. You decide whether You want to share Service Data, which Service Data and with which other users, by making use of the facilities or settings provided as part of the Services, and Your choices express Your consent for sharing that information in such a way. You shall also respect the choices made by other users as to the Service Data they decide to share or not. Without prejudice to the preceding sentences of this section 3.7, the Company shall not share Your Account Data, Service Data or Security Data, nor any other Personal Data related to You, to any third party, without obtaining Your express consent beforehand. The Company may share aggregate data (which is data that does neither identify You nor can be linked to You) with third parties.

To the extent that the transmission of Service Data involves the transfer of Personal Data to countries outside of the European Economic Area in countries not determined by the EU Commission to ensure an adequate level of personal data protection, you hereby expressly consent to such transfer.

3.8. Children

Because we care about Your privacy, we do not allow people under the age of 12 years old to create an Account or to use the Services. If you are under 12 years old, please immediately remove any information related to you that you transmitted to us and delete your Account. If you are between 12 and 18 years old, we strongly recommend asking for your parents’ authorization before creating an Account and sending any information about yourself on the internet. Do not lie about or misrepresent your age, and avoid re-registering with a different age after being previously rejected due to age restrictions. We advise you not to accept contact requests from other users you do not know, and we encourage you to put your privacy settings to restrict access to your profile information. Do not accept face-to-face meetings or appointments with people you never met in real life before.

3.9. Your rights

Under the Belgian Act of 8 December 1992 on privacy protection with regard to the processing of personal data, as modified, You have the right to access to the Personal Data relating to You and to obtain their rectification or suppression (as the case may be). In order to exercise those rights, You must send a written and signed request (together with a copy of Your ID card or other ID document, as well as any document proving that You are the data subject of the Personal Data) to the Company at 420 Chaussée de Louvain, 1380 LASNE (Belgium) or by e-mail at privacy@jack45.com . If you wish Your Personal Data no longer to be processed for advertising or direct marketing purposes, You have the right to withdraw at any time Your consent to such processing, free of charge and without having to provide a justification by sending a written request as per the procedure outlined here above.

3.10. Data security and confidentiality

The Company has introduced the legally required security measures in order to avoid the loss, unlawful use or modification of Personal Data obtained through the use of the Services. The Company takes measures to maintain the confidentiality of Your Personal Data and protect it from unlawful disclosure. The Company will not make Your Personal Data publicly available.

3.11. Use of cookies and social plug-ins

Cookies

The Company and its partners use so-called “cookies” to fashion the Services and the Company website in a more user-friendly way. Cookies are pieces of data (small electronic text files) stored on the device/terminal equipment of the user that contain data about a user or its device. They allow the storage of information for a determinate period of time and the identification of the user’s electronic device.

As part of the Services, cookies may be placed on your computer, mobile phone or other electronic device to collect both anonymous data and Personal Data about you as specified in this Privacy Policy.

When You visit the Company’s website for the first time, the entry page will show information on privacy and respective wording regarding the consent to the use of cookies through a “cookie banner”. If You continue to actively use the website and do not actively object to the use of cookies, You agree to our use of cookies and such consent will be stored in Your browser, so that the information does not have to be repeated on every page of the Company website. Should the consent be missing in Your browser (e.g. if You deleted Your browser history), the “cookie banner” with privacy information will appear again the next time You visit the Company website.

In order to render the Services, the Company installs and uses certain technically required cookies which therefore do not require Your prior consent. The Company also uses session cookies which are automatically deleted at the end of Your session and which also do not require Your prior consent. Other cookies (such as cookies to improve the navigational experience by keeping record of certain data - this avoids You having to reintroduce such data at each connection - and by tailoring the content of the Services to your preferences) may be installed and used on the basis of Your consent. You may, at any time, delete or block cookies in Your browser parameters or through Ads Settings and Ads Settings for mobile apps. However, in such case some functionalities of the Services or Company website requiring the use of cookies for technical purposes may be reduced or may no longer be available to You.

The Company uses analytics cookies to gather general information on how users use the Services and the Company website , e.g. which pages they visit most frequently and whether they receive any error messages from websites. These cookies do not collect any data that may lead to an identification of the user. All information collected with the aid of such cookies exclusively serves the purpose to comprehend and improve the functionality of Services and website. The Company uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information regarding Your usage of the Services and the Company website generated by the use of Google Analytics is usually transmitted to and stored on a Google server in the US. Google will use this information on the Company’s behalf to analyze Your use of the website, compile reports on website activity and provide other website and internet usage-related services for the website operator. The IP address transmitted by Your browser as part of Google Analytics is not merged with other Google data. You can prevent recorded data generated by the cookie concerning Your use of the website (including Your IP address) from being sent to Google and prevent the processing of this data by Google by downloading and installing the browser plugin available via the link https://tools.google.com/dlpage/gaoptout. Additional information on the Terms of Use and Data Privacy Policy of Google Analytics may be found at https://www.google.com/analytics/terms/ and https://www.google.com/policies/privacy/partners/.

The Company may also use advertising cookies to collect certain demographics and usage statistics to improve the Services. In particular, the Company uses the following Google Analytics Advertising Features: Google Analytics Demographics and Interest Reporting; Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers.

The tables below list the first-party and third-party cookies and identifiers used by the Company respectively on its public website (http://www.jack.media), its JACK web app (app.youhaveajack.com) and its JACK mobile app:

Public website (http://www.jack.media)

Storage method Name Description Validity
Cookie AWSELB Functional cookie. Sticky session to bind the user to the same server instance. Session
Cookie isRetina Functional cookie. Indicates if the user's screen supports high resolution images. Session
Cookie cookieconsent_dismissed Functional cookie. Indicates that the user agreed to have cookies. 1 year
Cookie _ga Google Analytics. Used to distinguish users. 2 years
Cookie _gat Google Analytics. Used to throttle request rate. 10 minutes
Cookie __utma Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics. 2 years
Cookie __utmt Used to throttle request rate. 2 years
Cookie __utmb Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics. 30 minutes
Cookie __utmc Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit. Session
Cookie __utmz Stores the traffic source or campaign that explains how the user reached the site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics. 6 months
Cookie __utmv Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics. 2 years

JACK Web application (https://app.youhaveajack.com)

Storage method Name Description Validity
Cookie AWSELB Functional cookie. Sticky session to bind the user to the same server instance. Session
Cookie isRetina Functional cookie. Indicates if the user's screen supports high resolution images. Session
Cookie cookieconsent_dismissed Functional cookie. Indicates that the user agreed to have cookies. 1 year
Cookie _ga Google Analytics. Used to distinguish users. 2 years
Cookie _gat Google Analytics. Used to throttle request rate. 10 minutes
Cookie __utma Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics. 2 years
Cookie __utmt Used to throttle request rate. 2 years
Cookie __utmb Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics. 30 minutes
Cookie __utmc Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit. Session
Cookie __utmz Stores the traffic source or campaign that explains how the user reached the site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics. 6 months
Cookie __utmv Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics. 2 years
Cookie jack:auth Functional cookie. If the user doesn't click on "remember me" upon login, stores an authentication token and scope to keep the user logged in. Session
Local storage jack:auth Functional local storage. If the user clicks on "remember me" upon login, stores an authentication token and scope to keep the user logged in. -
Local storage reduxPersist:* Functional local storage. Securely cashes meta data (jacks list, profile info, ...) to speed up application. -

JACK mobile application (iOS, Android)

Storage Name Description Validity
Code snippet, using IDFA on iOS, and Android Advertising ID on Android Facebook SDK Facebook Analytics to learn how users interact with our application (app launch frequency, pages views, demographics data, ...). More info at https://developers.facebook.com/docs/analytics -
Code snippet, using IDFA on iOS, and Android Advertising ID on Android Google Analytics SDK Google Analytics (app launch frequency, pages views, demographics data, ...) More info at https://support.google.com/analytics/answer/2700409?hl=en&utm_id=ad -

Social plugins

The Company website makes use of "social plugins", i.e. plugins for social networks, including particularly the Facebook "Share" button. The facebook.com website is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland is responsible for the Belgian website facebook.be. The plug-ins usually feature the Facebook logo. Besides Facebook, the Company uses plug-ins by Twitter (provider: Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103).

For data privacy reasons, the Company has deliberately opted against utilizing direct social network plug-ins on its website. Instead, the Company employs an alternative technical solution that allows You to decide whether to transmit data to the social network operators and when. Thus when You visit the Company website, data are never automatically transmitted to social networks such as Facebook or Twitter. Only when You actively click on the respective button yourself will Your web browser connect to the servers of the respective social network, i.e. clicking on elements then clicking on the social network's icon indicates Your consent to Your browser connecting to the servers of the respective social network and sending usage data to that social network operator, whether or not you are a subscriber of such social network.

The Company has no influence over the nature or scope of data that social networks may then gather. For information regarding the purpose and scope of data collection, further processing and use of data by social networks and regarding your data privacy rights and relevant configuration settings, see the social networks' respective data privacy advisories. For Twitter, see http://twitter.com/privacy. For Facebook, see http://www.facebook.com/about/privacy/ and http://www.facebook.com/help/?faq=186325668085084.

3.12. Contact us

For any information in relation with your privacy or this section 3, please contact : privacy@jack45.com .

4. ACCEPTABLE USE POLICY (“AUP”)

4.1. Acceptable Use Policy

This Acceptable Use Policy sets forth guidelines for a safe and compliant use of the Company's Services by any person making use of the Company’s Services, whether or not they are charged for such use (the "User"). This AUP is not exhaustive, but rather provides examples of conduct which are inappropriate, improper, illegal and/or harmful according to the Terms of Service in the Company’s understanding. Its meaning is to better describe what kind of circumstances of conduct might be regarded by the Company as an infringement of the Terms of Service and give the Company the right to terminate or suspend the Services in respect of a User. By using the Services, the User acknowledges to have read, understood and accepted as binding the terms of this AUP and the Terms of Service.

4.2. General

The User shall use the Services only in a manner consistent with the permitted use of the same under the Terms of Service, for lawful purposes and in accordance with this AUP, and more generally the Terms of Service, including the Privacy Policy. The Company does not monitor or exercise any editorial control over the content posted, viewed, transmitted or shared by the User when using the Services. The User is solely responsible for the content published or made available through the Services and shall be solely responsible for maintaining a copy of its content.

4.3. Inappropriate and Illegal Content

When using the Services, the User shall not transmit, distribute or store: material that is inappropriate given the nature of the Services, as reasonably determined by the Company, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or inconsistent with the generally accepted practices of the Internet community, or material that violates any applicable domestic or foreign laws or regulations including, without limitation, laws relating to content distribution, encryption or export or any rights of any third party, material that contains a virus, worm, Trojan horse, or other component harmful to the Company or the Services, any other network or equipment, or other Users, material that in any manner would infringe any intellectual property rights of a third party, a privacy or publicity right, title or interest of a third party, or rights of such third party in proprietary or confidential information or trade secrets, material that contains fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations, or is otherwise unlawful, unsolicited e-mail messages or postings, including, without limitation, aggressive advertising or intrusive announcements, messages that are abusive, harassing, disturbing, messages that are forged or the content or metadata information of which is forged or false, malicious messages or postings containing viruses, phishing, scams, or any other attempted extorsions or frauds. The foregoing is only illustrative of the type of conduct that will be regarded as unlawful or inappropriate by the Company.

4.4. Security Violations

The User shall not violate or attempt to violate the security of the Company Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which the User is not authorized to access, (b) impersonating the Company personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing," "denial of service" attacks, or "crashing," (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (f) taking any action in order to obtain Services to which such User is not entitled, or (g) attempting to utilize another party's account name or Account login information. The User is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for the Company Services. Violations of system or network security may result in civil and/or criminal liability.

4.5. Rights and Remedies of the Company

The User shall take all necessary action to prevent any content contrary or incompatible with this Acceptable Use Policy, from being routed to, passed through, or stored on Services. To the extent the Company becomes aware of any content or activities that the Company deems, in its sole discretion, to be in violation of this Acceptable Use Policy, the Company may immediately block access to such content, suspend or terminate any affected Services, or take any other actions the Company deems appropriate. The Company may determine in its sole discretion if any content or action violates this Acceptable Use Policy. The Company reserves the right to terminate or suspend all or part of the Services if the continued provision of Services would violate law or otherwise harm any of the Services or other Users. Subject to applicable legislation, the Company will comply with any valid court or administrative order from judicial or administrative authorities requesting identification and/or information on a specific User and further reserves the right to disclose to the relevant authorities the identity and Personal Data of the party that the Company believes is responsible for a conduct contrary to this Acceptable Use Policy. The User shall indemnify and hold the Company harmless for any and all damages, including reasonable attorneys’ fees, incurred by the Company in connection with a violation of this Acceptable Use Policy by the User. The Company reserves the right to modify this Acceptable Use Policy from time-to-time, in its sole discretion. Any use of the Services after such modification shall constitute acceptance of such modification.

5. GENERAL TERMS

5.1. Disclaimer of Warranties and Limitations of Damages and Liability

EXCEPT AS SET FORTH IN THIS SECTION 5.1. AND EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY, THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY YOU. THE COMPANY FURNISHES THE ABOVE WARRANTIES IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE COMPANY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION WITH RESPECT TO THE SERVICES, THE COMPANY ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY. THE SERVICES ARE PROVIDED “AS IS” AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NEITHER DOES THE COMPANY WARRANT THAT THE SERVICE DATA VIEWED, SENT OR OTHERWISE SHARED WHEN USING THE SERVICES, WILL BE TRANSMITTED AT ALL, OR WILL BE TRANSMITTED WITHIN A CERTAIN TIMEFRAME, OR WILL BE TRANSMITTED IN ITS ENTIRETY. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SERVICE DATA OBTAINED THROUGH THE SERVICES. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES OR TECHNICAL IMPROVEMENTS.

EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY, THE COMPANY SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE OPERATION OR USE OF ALL OR PART OF THE SERVICES INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, COST OF REPLACEMENT PRODUCTS OR SERVICES, COSTS OF DATA RECOVERY, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY THE COMPANY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND COMPANY’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST THE COMPANY MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.

**NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT OR THESE TERMS OF SERVICE, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE OPERATION OR USE OF ALL OR PART OF THE SERVICES, WHETHER IN TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF CONTRACT, OR OTHERWISE HOWSOEVER ARISING, SHALL NOT EXCEED AN AMOUNT CORRESPONDING TO THE TOTAL AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT FOR THE SERVICES DURING THE TWELVE (12) MONTHS’ PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT. **

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE MATERIAL AND ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

ALL DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OF WARRANTIES AND/OR DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

5.2. Indemnification by You

In no event shall any provision under this Agreement have the effect of, or be construed as, creating any obligation upon the Company arising out of Your Service Data. You remain solely and entirely liable and responsible, in every possible respect, notably towards all competent authorities and third parties, and shall support all consequences vis-à-vis these authorities, resulting from the posting and sharing of Your Service Data. You are responsible for maintaining the confidentiality of Your Account Data, Security Data and Service Data. You are also responsible for all activities that occur under Your account. Therefore, You agree to indemnify, defend and hold the Company and its affiliates, employees, officers, directors, and owners (the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any third party demand, claims, action, suit, or loss arising as a result of (a) any breach by You of these Terms of Service or claims arising from Your Account; (b) any fraud or manipulation by You; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; or (d) any claims of credit card fraud based on any information released by You. You agree to use best efforts to cooperate with the Company in the defense of any demand, claim, action or suit. The Company reserves the right to assume the exclusive defense of any matter subject to indemnification by You at its own expense.

5.3. Termination of the Agreement

The Company has the right to terminate the Agreement or to suspend Your Account at any time, in its sole discretion, or to restrict Your usage rights under the Terms of Service, for its own convenience, without having to pay any damage or compensation to You. The Company shall make reasonable endeavours to inform you in advance of its decision to discontinue all or part of the Services, but cannot be held responsible for its failure to provide You with a backup copy of your Service Data.

You have the right to terminate the Agreement by closing Your Account at any time, in Your sole discretion, by sending an email to support@jack.media with the following subject: “Please close and terminate my account” and include your username.

5.4. Notification Of Harmful Content

To notify us of content that infringes Your rights or third parties’ rights or is otherwise unlawful (« the Alleged Harmful Content »), You must send a notice at the e-mail address legal@jack45.com with the following mandatory information:

If we receive a notice that complies with the above requirements, we will evaluate the information you provided and, if appropriate, disable access to the Alleged Harmful Content. In such a case, we may notify the source or author of the Alleged Harmful Content of your complaint and of our action. If the source of the Alleged Harmful Content provides us with information indicating that the Alleged Harmful Content has been removed wrongly, we may, if appropriate, reinstate the same Content. These procedures remain at our sole discretion.

5.5. Company Website

All or part of the Company website (currently available at http://www.jack.media), Services, platforms and tools including, without limitation, any graphic or literary elements thereof (be it logos, trademarks or trade names, pictures, photographs, designs, texts, video or audio files, etc.), any database, any software, computer program, libraries, routines, scripts, applets, or any directories or files of whatever nature, necessary for the processing or the use of the Services, are and shall remain protected by intellectual property rights and personality rights owned by or licensed to the Company. The Company is not responsible and does not endorse any advertising, products or other materials coming from third party websites, even when offering or making available links to those websites through the Services or on the Company’s own website. The Services may include texts, pictures, sound, videos, information, applications, software, platforms and other contents or items originating from third parties. If You decide to access third party websites or platforms, or to use, download or install third party content, software or applications, You do so at Your own risk and You should be aware that this Agreement is not applicable to them. Separate terms of service and privacy policies may apply to such third party websites or platforms.

5.6. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Belgium, and no effect shall be given to any other choice of law or any conflict-of-laws rules or provisions (Belgian, foreign or international) that could cause the laws of any jurisdiction other than Belgium to be applicable. You agree that any dispute concerning the validity, the interpretation, the performance or the termination of the Agreement and/or the Services, shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.

5.7. Assignment

The Company shall be free to assign or transfer this Agreement as a whole or any of its rights and obligations under this Agreement, whether to its affiliates or to third parties, in the form and under the structure the Company deems appropriate, without that You may refuse such assignment or transfer. This clause is applicable to any type of transfer of rights or obligations under the Agreement, be it as an individual asset or as part of a transfer of universality or of branch of activities, and notably, without limitation, in the event of merger, scission, contribution of universality or of branch of activities, winding up, bankruptcy or transformation of the Company.

Last updated : February 19, 2016