Terms of Service

Welcome to Just Thank You!

Just Thank You is provided by Rolling Box LLC (“we”, “us”, “our”, the “Company”). Please review the following terms carefully. These Terms of Service ("Terms") govern your access to and use of Just Thank You, including any mobile applications (iOS and Android applications) and websites (www.justthankyou.com) (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). By accessing or using the Services, you signify your agreement to these Terms of Services. If you do not agree to these Terms of Services, you may not access or use the Services.

1. Basic Terms

As the Services can evolve, Just Thank You may change these Terms from time to time, at Just Thank You’s sole discretion. Your continued use of the Services following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Services to review the current version of these Terms.  In addition, Just Thank You reserves the right to modify or discontinue (temporarily or permanently), the Services with or without notice. You agree that Just Thank You will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

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 Just Thank You on the Services are subject to change. For granting you the access to and use of the Services, you agree that Just Thank You and its parent, 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.

2. Privacy

We respect the privacy of our users. Please refer to http://www.justthankyou.com/privacy-policy for the detailed privacy policy.

3. Account Info

You need to be at least 13 years old and a resident of the United States to register for and use the Service.

You need to register to access and use the Services. When you create an account you also agree to maintain the security of your mobile device and accept all risks of unauthorized access to your account. You may create an account by providing certain personal information as prompted by the registration form. Your email address and phone number must remain valid as long as your account remains active. You agree to provide and maintain true, complete and current account information. Registration data and certain other information about you are governed by our Privacy Policy.

 

You are solely responsible for any and all activities that occur under your account. Please notify us immediately of any unauthorized use of your account or any other breach of security that is known or suspected by you.

 

There’s no password, but a SMS verification code that will be sent to your phone number will be used to login. Please make sure you type your phone number correctly to receive the verification code. Thus, Just Thank You will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Just Thank You, or any transactions entered into through the Services or failure to abide by this Terms.

4. Use and Conduct Restrictions

Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Just Thank You, its users and the public.

4.1 Use Restrictions

You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • use the service for any unlawful purpose or for the promotion of illegal activities;

  • attempt to, or harass, abuse or harm another person or group;

  • use another user’s account without permission;

  • provide false or inaccurate information when registering an account;

  • interfere or attempt to interfere with the proper functioning of the Service;

  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or

  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

4.2 Posting and Conduct Restrictions

When you create your own personalized account, you may be able to provide the Content.  You are solely responsible for the Content that you post, upload, link to or otherwise make available via the Services.  You agree that we are only acting as a passive conduit for your online distribution and publication of your Content.  Just Thank You, however, reserves the right to remove any Content from the Services at its discretion.

 

The following rules pertain to the Content. By transmitting and submitting any Content while using the Services, you agree as follows:

 

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

  • You will not post information that is malicious, false or inaccurate;

  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

  • You hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Services, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Services is solely your responsibility.  Just Thank You is not responsible for any public display or misuse of your Content. Just Thank You does not, and cannot, pre-screen or monitor all the Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.

 

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 Vine 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.

 

5. Termination

In the case of violation of the Terms, we reserve the right to limit your access to the Services or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Just Thank You may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You understand and accept that we will not be held liable for the cancellation of your account.

 

6. License Grant

By posting any Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Just Thank You a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

 

7. Intellectual Property

The Services are protected by intellectual property laws and international conventions. The Services structure and the Services’ Content may be protected by copyright or other intellectual property rights.

 

No material from the Services may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way, except as expressly permitted through the Services. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Just Thank You or, in the case of material licensed to Just Thank You, the owner of such materials.

 

You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Services. Use of prints, images or screen captures from the Services is limited to your personal non-commercial use; any other use or communication is prohibited without receiving Just Thank You’s prior written consent.

 

8. Trademarks

You agree that all of Just Thank You’s trademarks, trade names, service marks, and other logos, and brand features are trademarks and the property of Just Thank You. You agree not to display or use any of these trademarks in any manner without our prior written permission.

 

9. DMCA Copyright Policy

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at

 

225 W. 23rd St. Apt 1J

New York, NY 10011

Email: info@justthankyou.com

 

  • The date of your notification;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Counter-Notices.

If you believe that your Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

 

  • Your physical or electronic signature;

  • A description of the content that has been removed and the location at which the content appeared before it was removed;

  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

 

10. Warranty

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

11. Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

12. Indemnification

You acknowledge and agree to indemnify and hold Just Thank You, its affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.

 

13. General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

 

The Company may assign or delegate these Terms of Services and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Services or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [http://www.justthankyou.com/privacy-policy] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.