Welcome and thank you for reviewing our User Terms and Conditions. Jayu Services Inc (“Jayu”) provides you the capability to participate in Jayu’s digital marketing, promotion, and rewards program (“Services”). This is established through Jayu’s mobile application, providing you access to the Services offered by participating businesses. When you sign up for Jayu Services you have the option to redeem, share, or purchase goods or services offered by participating Merchants.
The services provided are subject to evolve and the nature of the services that Jayu provides may change periodically without prior notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
1) Acceptance of Terms of Service
You are personally responsible for your use of Jayu, and while using Jayu you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse chat messaging communications, support communications, or the community purpose of any message board areas, as determined by us in our sole discretion. We reserve the right to disable a user’s ability to upload profile photos or edit their username at any time.
You agree to the following account terms:
1) You are at least 13 years of age.
2) You are to provide accurate information when using Jayu Services including, but not limited to, information required to register with Jayu Services.
3) You must accurately represent yourself when using Jayu Services; other people, automated computer programs (“bots”), deceased individuals, or anything of the sort may not use Jayu Services on your behalf.
4) You are not to access and use data not intended for you, such as logging into an account you are not authorized to access.
5) You are to legitimately use the service and redemptions for your own use and enjoyment.
6) You are responsible for maintaining the security of your account and password. Jayu will not be liable for any loss or damage from your failure to comply with this security obligation.
7) You may not use the Service for any illegal, fraudulent, false, speculative, or unauthorized purposes not permitted by this Agreement. You must not violate any Federal or State laws when using Jayu Services.
8) You must not act maliciously or illegally against any participating businesses using Jayu Services.
9) You are responsible for all Content posted and activity that occurs under your account.
10) Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
11) You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
12) Do not share personal information (your name, phone number, home address, and password) with other users.
13) Do not transmit or upload any copyrighted, or trademarked materials in messages or postings.
14) Information disclosed in chat rooms, message boards, and posting any content including text, images, and videos is revealed to the public, and we are not responsible for information you choose to disclose to others.
15) You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
16) You may not make any commercial use of any of the information provided in any Jayu service nor make any use of Jayu services for the benefit of a business.
Violation of any of the terms above will result in the termination of your Account.
2) Your Content
Your Content. You acknowledge that Jayu services is a passive conduit for user content and that we do not pre-screen user content or communications. We do not control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, we may terminate your access to Jayu at any time without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that complies with Applicable Laws, and conforms to any additional terms of service we post in Jayu. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect our opinions. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials that you submit to us, in our sole discretion. You may not use a false phone number, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obligated to, remove or edit any of your submissions or content for any reason.
3) Use of Service
You may access Jayu Services if you agreed to Jayu User Terms and Conditions. You will use Jayu Services solely for your own enjoyment purposes. You are prohibited from modifying or reverse engineering any source code of the Jayu program. The Jayu Beacon will be used exclusively in conjunction with the Jayu program, and for no other purpose. You will use such devices in accordance with normal usage, and will not alter, or seek to alter, any such device.
Businesses participating and offering Jayu Services are responsible for the design and description of its respective rewards program. Any rewards, incentives, deals, or promotions set by participating merchants through Jayu Services must be fulfilled if properly redeemed by a customer. In order to interact with a participating business, you must download the Jayu mobile application, located in the Google Play Store and Apple App Store. Once downloaded onto your mobile device, you simply enter the establishment of a participating business for automatic point registration. You can review rewards, promotions, deals, and other offers by opening the Jayu application on your mobile device.
When downloading the Jayu mobile application you will be required to login personal information, such as a valid email address, name, gender, and birth date to properly use Jayu. Jayu or participating merchants may periodically send you emails or push notifications tied to promotions, special offers, rewards, or as a direct response to an inquiry or comment from you. You will have the ability directly send participating Merchants digital comments.
Jayu and the business providing you Jayu Services expressly disclaim any liability, and will not be liable, for any loss or damage incurred as a result of any interaction between you and a merchant accessible through the Service. All matters, including but not limited to, delivery of goods and services, returns, and warranties, and the security of the purchase transactions entered into, are solely and strictly between you and the merchant.
4) Ownership of Data
5) Termination of Service Usage
Jayu may terminate your rights to Jayu Services at any time at its sole discretion, without providing any explanation for such termination and without any liability or obligation to you. Jayu may terminate access if you violate any of the terms of this Agreement or any policy or procedure applicable to the use of Jayu Services that may be published by Jayu periodically. If your Services are terminated by Jayu for such violations, any Offers or Rewards programs may be terminated in accordance with the terms of such Offers or Rewards program. The disclaimers, and limitations of liabilities set forth in these User Terms shall survive any such termination.
7) Disclaimer of Warranties and Representations
JAYU SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JAYU AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JAYU DOES NOT WARRANT THAT ACCESS TO THE JAYU WEBSITE, FUNCTIONALITY OF JAYU BEACONS, OR JAYU PROGRAMS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES JAYU MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS, OR THE MERCHANT PORTAL SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF JAYU SERVICES AND RELIANCE UPON JAYU SERVICE, AND/OR JAYU MATERIALS IS AT YOUR SOLE RISK.
8) Limitations of Liability
To the maximum extent permitted by applicable law, Jayu is not liable to you for damages of any kind, including, without limitation, any punitive, exemplary, consequential, incidental, indirect, or special damages arising from or in connection with use of Jayu Services and Programs, whether under a theory of breach of contract, negligence, strict liability, malpractice, or otherwise, even if Jayu has been advised of the possibility of such damages
You agree to indemnify, hold harmless, and defend Jayu and its suppliers, officers, directors, employees, agents, affiliates, and subsidiaries, from and against any and all liability, loss, claim, damages, expense, or costs (including, but not limited, to attorneys’ fees), incurred in connection with your use of Jayu Services.
Any notice, request, demand, or other communication required or permitted hereunder shall be delivered in writing and shall be sent by courier service or mailed by registered or certified mail, transmitted by facsimile, or emailed, addressed to the other party. Notices to you shall be sent by such method to their listed physical address, facsimile number, or email address provided during the registration of Jayu Services.
This Agreement comprises the entire agreement between you and Jayu and supersedes all prior agreements between the parties regarding the subject matter contained herein. Jayu reserves the right to amend or modify these User Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this site. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Jayu.
11) Force Majeure
Jayu will not be held liable for any loss or damage suffered to Jayu Services as a direct result of cause beyond its control including an Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, terrorism, or any other unexpected or exceptional cause or circumstance.
12) Governing Law
This Agreement shall be subject to and construed in accordance with the laws of the State of California, and the parties hereby submit to the exclusive jurisdiction of the state of California courts.