Copyright © 2023 Journey Mobile, Inc. All rights reserved.
| 1. | INTRODUCTION. |
| 1.1 | This page sets forth the principles, guidelines and requirements of the Acceptable Use Policy of JourneyApps, governing the use by Customer of the Platform, and any Application, under a separate Agreement between Customer and JourneyApps (the “Subscription Agreement”). |
| 1.2 | The Acceptable Use Policy has been created to promote the integrity, security, reliability and privacy of each Application, the Platform and Customer Data contained within. |
| 2. | COMPLIANCE. |
| Customer shall not post, transmit, re-transmit or store Customer Data or other material on or through an Application or the Platform that, in the sole judgment of JourneyApps, (a) is in violation of any local, state, federal or foreign law, rule or judicial or administrative order or regulation, (b) is threatening, obscene, indecent, libelous or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (c) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. Customer shall be responsible for determining what laws or regulations are applicable to its use of each Application and the Platform. | |
| 3. | PROHIBITED USES. |
| 3.1 | In addition to the other requirements of this Acceptable Use Policy, Customer may only use an Application and the Platform in a manner that, in the sole judgment of JourneyApps, is consistent with the purposes of such Application and the Platform. If Customer is unsure of whether any contemplated use or action is permitted, the Customer should contact JourneyApps. By way of example, and not limitation, uses of an Application and the Platform described below are expressly prohibited: |
| 3.1.1 | General. (i) The resale of an Application in a manner contrary to the terms set forth in the Subscription Agreement, (ii) violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, or actions that restrict or inhibit any Person, whether a customer of Customer or otherwise, in its use or enjoyment of an Application or the Platform, other than restricting access to Customer’s authorized Users. |
| 3.1.2 | System and Network. (i) The introduction of malicious programs into an Application or the Platform (e.g. viruses and worms), (ii) effecting security breaches or disruptions of internet communication (security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into an account that Customer is not expressly authorized to access), (iii) executing any form of network monitoring which will intercept data not intended for Customer, (iv) circumventing Passwords, User authentication or security of any account, (v) interfering with, denying or causing degraded service to any other JourneyApps customer in any way, and (vi) using any code, program/script/command, or sending messages of any kind, or submitting excessively high volumes of Application Programming Interface (API) requests to the Platform, that interfere with or are designed to disable another JourneyApps customer’s access to the Platform or any of that customer’s Applications. |
| 3.1.3 | JourneyApps will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, including hardware and/or software, data or other proprietary material due to Customer’s use of an Application or the Platform. |
| 4. | ENFORCEMENT. |
| JourneyApps may immediately suspend and/or terminate Customer’s access to the Platform, and consequently any of Customer’s Applications operating on the Platform, if JourneyApps reasonably believes that Customer has violated or intends to violate any provision of the Acceptable Use Policy, upon written notice, which may be provided by email. JourneyApps will, in its discretion, attempt to work with Customer to cure violations of the Acceptable Use Policy and to ensure that there is no reoccurrence of violations prior to suspension and/or termination. If JourneyApps suspends Customer’s access to the Platform due to a violation of the Acceptable Use Policy, such suspension does not relieve Customer from the obligation to pay amounts due and to continue to pay for the Platform while Customer is under such suspension. | |
| 5. | COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURES. |
| 5.1 | JourneyApps reserves the right to terminate Customer’s or any third-party’s right to use the Platform, and consequently Customer’s Applications operating on the Platform, if such use infringes the copyrights of another. JourneyApps may, under appropriate circumstances and at its discretion, terminate Customer’s or any third-party’s right to access the Platform if JourneyApps determines that Customer or a third-party is a repeat infringer. If Customer believes that any material has been posted via an Application or the Platform by any third-party in a way that constitutes copyright infringement, and Customer would like to bring it to JourneyApps’ attention, Customer must provide JourneyApps’ DMCA agent identified below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, (ii) an identification of the copyrighted work and the location on an Application or the Platform of the allegedly infringing work, (iii) a written statement that Customer has a good faith belief that the disputed use is not authorized by the owner, its agent or the law, (iv) Customer’s name and contact information, including telephone number and email address, and (v) a statement by Customer that the above information in Customer’s notice is accurate and, under penalty of perjury, that Customer is the copyright owner or authorized to act on the copyright owner’s behalf. |
| 5.2 | The contact information for JourneyApps’ DMCA Agent for notice of claims of copyright infringement is: DMCA Agent, JourneyApps, 1644 Platte St, Ste 400, Denver, Colorado, 80202 (USA). |
| 6. | ADDITIONAL DISCLOSURES. |
| 6.1 | Any waiver of any provision of the Acceptable Use Policy will be effective only if in writing and signed by an executive officer or director of JourneyApps. |
| 6.2 | No waiver by either JourneyApps or Customer of any breach or default or failure to exercise any right allowed under this Acceptable Use Policy is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Acceptable Use Policy. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Acceptable Use Policy invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Acceptable Use Policy, and the remaining portions of the Acceptable Use Policy shall continue in full force and effect. |
| 6.3 | The provisions of this Acceptable Use Policy apply equally to and are for the benefit of JourneyApps, its Affiliates and authorized resellers, and each shall have the right to assert and enforce such provisions directly. |