Last Updated: June 20th, 2016
These Terms of Service (“Terms”) are between you and Jake Mor (“Jake Mor”). These Terms govern your access to and use of our Trail services, including our Trail mobile applications (“Apps”), our websites and channels, including the website located at http://jakemor.com/trail (collectively the “Services” or “Trail”), and any videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Jake Mor and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Jake Mor provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Jake Mor may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Jake Mor on the Services are subject to change. In consideration for Jake Mor granting you access to and use of the Services, you agree that Jake Mor and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Jake Mor account (such as an SNS Account or your email). Jake Mor cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Content On the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Jake Mor be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may offer you the opportunity to invite your friends or contacts to view your streams or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Jake Mor that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
5. Rights in Content Granted by You
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Jake Mor needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Jake Mor to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Jake Mor for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Jake Mor, or other companies, organizations or individuals who partner with Jake Mor, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Jake Mor will not be responsible or liable for any use of your Content by Jake Mor in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Jake Mor on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Jake Mor
Subject to your compliance with these Terms, Jake Mor grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
6. Your License To Use The Services
Trail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Trail as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Trail, in the manner permitted by these Terms.
7. Jake Mor Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Jake Mor and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Jake Mor reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Jake Mor, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions On Content And Use Of The Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene or pornographic;
Is furtherance of illegal activities; or
Is harassing, abusive, or constitutes spam.
You may not do any of the following while accessing or using the Services:
access, tamper with, or use non-public areas of the Services, Jake Mor’s computer systems, or the technical delivery systems of Jake Mor providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Jake Mor (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Jake Mor (NOTE: scraping the Services without the prior consent of Jake Mor is expressly prohibited);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
use, display, mirror or frame the Services or any individual element within the Services, Jake Mor’s name, any Jake Mor trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Jake Mor’s express written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Jake Mor or any of Jake Mor’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Jake Mor or other generally available third-party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a Jake Mor trademark, logo URL or product name without Jake Mor’s express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
9. DMCA/Copyright Policy
Jake Mor respects copyright law and expects its users to do the same. It is Jake Mor’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Jake Mor’s Copyright Policy, for further information.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Jake Mor as follows.
You may end your legal agreement with Jake Mor at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us firstname.lastname@example.org.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, 12, 13 and 14.
Nothing in this section shall affect Jake Mor’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
You will indemnify and hold harmless Jake Mor and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.
12. Disclaimers And Limitations Of Liability
Please read this section carefully since it limits the liability of Jake Mor and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Jake Mor Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Jake Mor ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Jake Mor Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Jake Mor Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Jake Mor Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Jake Mor ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Jake Mor ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Jake Mor, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Jake Mor ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Jake Mor agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Jake Mor are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Jake Mor otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Jake Mor otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Jake Mor submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Jake Mor will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Jake Mor will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “General Terms” section below regarding changes to these Terms, if Jake Mor changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Jake Mor’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Jake Mor in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you don’t want to settle Disputes by arbitration as described above, you will notify Jake Mor by sending us an email to firstname.lastname@example.org telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms, and consequently you agree that all Disputes will be resolved exclusively by a court located in San Francisco, California.
14. General Terms
The failure of Jake Mor to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Jake Mor’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jake Mor may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Jake Mor under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We may revise these Terms from time to time, the most current version will always be at http://jakemor.com/trail/terms.html. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Jake Mor. If you have any questions about these Terms, please contact us.
Last Updated: May 5th, 2015
1. Information Collection And Use
Information Collected or Received from You
CREATING AN ACCOUNT AND PROFILE INFORMATION
If you create a Trail account, you will provide us with certain information that can be used to identify you, such as your name, email address, and phone number (“Personally Identifiable Information” or “PII”). If you create a Trail account using your login credentials from one of your social networking service accounts (“SNS Account”), we’ll be able to access and collect your name and other PII that your privacy settings on the SNS Account permit us to access. If you create a Trail account through one of your SNS Accounts, we may also collect your gender, date of birth, zip code and other information that is not considered PII because it cannot be used by itself to identify you.
USE OF YOUR INFORMATION
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate our Services. In addition, we may use your information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may also use your information to send you e-mails and materials that directly promote our Services.
In addition to profile information, if you choose to enable your computer or mobile device to send us location information we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location. We may use and store information about your location, to provide features of our Services, such as tagging a stream with a location, and to improve and customize the Services with Content that has been tagged near your location. If you do not want us to collect location information, you may disable that feature on your mobile device.
We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and Apps, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Like many websites, we use “Cookie” technology to collect additional information, including website usage data, and to improve our Services. A Cookie is a small data file that is placed on your computer’s hard disk by a Web server when you access our Services. Jake Mor may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services, to better understand how you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to customize and improve our Services and to identify if you are logged to a SNS Account. Unlike persistent cookies, session Cookies are deleted when you log off from the Services and close your browser. Most Internet browsers automatically accept Cookies. If you do not want cookies from Jake Mor or other websites, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable Cookies.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page you were visiting before accessing our Services, pages visited, location, your mobile carrier, device and application IDs, search terms, the links on our Services that you clicked on, streams videos that you watched, access date and time spent on pages and features of the Services and other statistics and Cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, view videos hosted by Jake Mor, or interact with our email notifications. Jake Mor uses Log Data to provide our Services and to measure, customize, and improve them. For instance, Jake Mor may provide you with recommendations based on your use of the Services.
INFORMATION SENT BY YOUR MOBILE DEVICE
We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
2. Information Sharing And Disclosure
We will not share any PII that we have collected from or regarding you except as described below:
Information Shared with the Public
Jake Mor is a live video sharing platform and, except for your log-in credentials (like your email, phone number and passwords) which are not available to the public, the information you provide and Content you submit when using the Services is public. This means that not only is the Content that you post publicly available, so is the data provided with such Content (such as, but not limited to, when it was posted), and other activity information like the accounts you follow or that follow you, the number of users who clicked on a particular link, or the Content that you like or comment on (“Usage Information”). In addition to your Content, and Usage Information, your PII associated with your account (like your profile information which includes your username, photograph and biography) is broadly and instantly disseminated to a wide range of users and other services that access Trail. For instance, your profile information and Content may be accessed via our APIs by our partners and other third parties, including developers and publishers, that integrate with our Services. When you share information or Content via the Services, it’s a good idea to be thoughtful about what you share with the public!
Information Shared with Service Providers
We engage third-party service providers to perform functions and provide services to us in the United States and abroad. These third-party service providers only have access to your PII for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties
We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed for Our Protection and the Protection of Others We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
Information Disclosed in Connection with Business Transfers
Information that we collect from our users, including PII, is considered to be a business asset. In the event that Jake Mor is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be sold or transferred to a third party as part of that transaction.
3. Your Choices
We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.
4. Modifying Your Personal Information
If you are a registered user of our Services, we may provide you with tools and account settings to access or modify your PII associated with your account, such as your profile photograph, name, username and biography. If the functionality for modifying your account is not available you can contact us at email@example.com with your request. You can also permanently delete your Trail account or request that we delete your PII, by contacting us at firstname.lastname@example.org. We’ll take steps to delete your information as soon we can (not more than 90 business days). Some information may remain in archived/backup copies for our records or as otherwise required by law.
5. The Security of Your Information
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
6. Responding to Do Not Track Signals
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
7. Links to Other Sites
8. International Transfer
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
9. Our Policy Towards Children
Our Services are not directed to persons under 13. We do not knowingly collect PII from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information from our files as soon as possible and terminate the child’s account.
Jake Mor Copyright Policy
Jake Mor, which operates the Trail service, (“Jake Mor”) respects the intellectual property rights of others and expects its users to do the same.
It is Jake Mor’s policy to terminate in appropriate circumstances and at its discretion account holders or subscribers who repeatedly infringe or who are repeatedly charged with infringing the rights of copyright holders.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Jake Mor will respond expeditiously to claims of copyright infringement committed using the Jake Mor website, mobile application or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Jake Mor’s Designated Copyright Agent. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Jake Mor’s Designated Copyright Agent. Upon receipt of the Notice as described below, Jake Mor will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Sites where such reference or link may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
You may also email Notices to email@example.com
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that certain material or activity is infringing may be subject to liability for damages. Please do not make false claims.
Jake Mor reserves the right to forward the information provided in your Notice to the person who provided the allegedly infringing material. Your claimant information may be published on the Sites in place of disabled material.