TERMS


DEVELOPER TERMS

Updated: October 7, 2013

This Agreement is a legal agreement between Developer and Getjar Networks Ltd, including its subsidiaries (“Getjar”) for the products and services described in this Agreement. By clicking on the “I agree” button, Developer agrees to be bound by this Developer Agreement (“Agreement”) including changes made by Getjar and accepted by Developer in accordance with the section below entitled “Updates”. If Developer does not agree to all the terms and conditions of this Agreement or if Developer does not have such authority, then click on the “Cancel” button to discontinue. Under this Agreement, Developer may choose for any Developer app, as part of the Getjar Services: Getjar’s App Commerce Program and/or Advertising Services in accordance with the applicable terms and conditions stated in this Agreement. Developer’s customers use Developer’s app(s) in accordance with Developer’s own end-user license agreement, price and terms. Developer has no obligation to participate in any Getjar program under this Agreement and may choose to discontinue participation in any Getjar program under this Agreement upon notice as provided for the relevant program. The parties agree as follows:

1. Definitions

“Account” means an account established with Getjar that controls settings for Getjar Services and can contain Developer funds.

“Ad” means advertising content posted on the Getjar Service, such as text, graphics, and music in connection with a Developer app or Sponsored App.

“Ad Options” means campaign settings selected by Developer for campaign settings, including the name of the campaign, app name, Ad text, Ad graphics, maximum fees, maximum daily budget, Getjar targeting, geographic targeting, and device targeting.

“Commerce App” means an app under this Agreement that is monetized by integration of the required Getjar SDK into such app or use of Getjar API’s with such app.

“Deal” means a GetJar marketing program in which Developer authorizes Getjar to sell a digital voucher to a Getjar end-user. After purchasing a Deal voucher, the purchaser may redeem the voucher for a specific in-app upgrade, license, or virtual good. End users may purchase Deal vouchers with Getjar Gold or local legal currency.

“Deal Request” means a Getjar Deal Request form or some equivalent written document signed by Developer to confirm Developer’s budget and authorization for Getjar to proceed with an Ad campaign or program under this Agreement. A Deal Request signed by both parties may supersede provisions of this Agreement if specifically identified in the Deal Request.

“Developer Material” means collectively each Developer App and Developer Ad and in relation to any Developer App, Ad or Service any Developer owned or licensed content, data, documents, files, images, information, music, software, sound, text, tools, videos, webcasts, and works of authorship.

“Developer Service” means collectively each Developer site and any related resource or service owned or licensed by Developer or any of its distribution partners (other than Getjar and its distribution partners), including without limitation any information service, or communication service such as e-mail, blogs, and other message facilities

“Developer site” means each web site, mobile site and on-line pages owned or operated by Developer.

“Getjar Developer Portal” means a web interface within which Developer can manage their Account with Getjar, including such capabilities as submitting marketing creative items, manage advertising campaigns, extract analytics reports, and managing Developer funds.

“Getjar Material” means collectively each Getjar Tool and in relation to each Getjar Tool or Getjar Service, any Getjar owned or licensed content, data, documents, SDK, files, images, information, music, software, sound, text, tools, videos, webcasts, and works of authorship, but excluding an app or advertising of Developer or any developer.

“Getjar Service” means collectively each Getjar web site, Getjar mobile site, Getjar partner channel, Getjar provided campaign analytic, Ad Option, Getjar download area, Getjar published product review, and any related resource or service owned or licensed by Getjar or any of its distribution partners, including without limitation any information service, or communication service such as Getjar e-mail, blogs, and other message facilities, but excluding any advertising or app posted by Developer.

“Getjar Tools” means computer software and/or documentation that Getjar identifies and provides for Developer’s use in developing its Apps.

“Google Play” is the mobile app download site owned by Google.

“Intellectual Property Rights” means any and all known or hereafter existing (i) rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights and moral rights; (ii) rights in trademarks, service marks and trade names; (iii) trade secret rights; (iv) patents and other industrial property rights; (v) other intellectual property rights and proprietary rights of every kind and nature, whether arising by operation of law, by contract or license, or otherwise; and (vi) all registrations, applications, renewals, extensions, combinations, divisions, or reissues of any of the foregoing.

“Insertion Order” means a Getjar Insertion Order form or some equivalent written document (e.g. Developer purchase order) signed by Developer to confirm Developer’s budget and authorization for Getjar to proceed with an Ad campaign or program under this Agreement. Insertion Orders signed by both parties may supersede provisions of this Agreement if specifically identified in the Insertion Order.

“Prepaid Fees” means the initial funding and any additional funds added to Developer’s Account.

“Sponsored App” means an App that is the subject of an Ad campaign.

2. App Commerce Program

The App Commerce Program, if chosen by Developer for a specified app, monetizes the app when Developer integrates the required Getjar SDK into such app and publishes the Commerce App on Google Play. A Commerce App sells app licenses and in-app content through the purchase of a Deal or in exchange for virtual currency (“Getjar Gold” or a developer managed currency); as explained at: https://developer.getjar.com/android/app-commerce-sdk/. Getjar’s acceptance of any Commerce App is at Getjar’s sole discretion.

a) Payments to Developer

GetJar pays Developer in US Dollars (or GBP if preferred) based on the program options used by the Developer: Deals and/or Virtual Currency. Getjar makes the aggregate payment each month for transactions completed during the previous month, if and when the amount payable to Developer exceeds $100 under the App Commerce Program. The gross amount payable to Developer is reduced by (i) transaction fees including without limitation Google transaction fees, as applicable, in the range of 30%, (ii) any refund or credit memo issued or issuable against such revenue and (iii) any tax payable by GetJar on such revenue, if any, excluding taxes based on Getjar’s income. If the Developer wishes to receive payment in G.B.P., the transaction will be converted to G.B.P., using the following tool: http://www.xe.com/ict/. This conversion will be calculated on the final closing quote on the last day of the transaction month as the conversion date. Getjar may withhold payment under this section if Developer is in breach of a material term of this Agreement.

(i) Deals

Payment to Developer for purchases of Deals is based on Developer’s Revenue Share for each Deal voucher redeemed by a purchaser and processed through the Getjar SDK embedded in the Commerce App.  Revenue Share is a percentage of Deal voucher revenue as agreed in the applicable Deal Request for each specific Deal, or set by the Developer in the Getjar Developer Portal.

(ii) Offerwall

Payment to Developer for activity in the Getjar Offerwall is based on the amount of Getjar virtual currency generated from a Commerce App. As of January 1, 2013, Getjar is reimbursing at the exchange rate of 90% of the currency exchange rate per dollar, unless otherwise agreed.  For Getjar Gold, this amount is 90% of 100 Gold per dollar.  For developer managed currency, the currency exchange rate per dollar is set by the Developer in the Getjar Developer Portal.

(iii) Store and Pass

Payment to Developer for purchases made in the Getjar Store and using the Getjar Pass is based on the share of purchases from in-app upgrades for a Commerce App. Store and Pass revenue is the total revenue generated in the Getjar Store from purchases in virtual currency or local legal currency, or from Pass subscriptions. Revenue share is the Commerce App’s percentage of total purchases in Getjar Gold across purchases in all Commerce Apps using the Store and Pass.

b) Reporting to Developer

Getjar reports Developer’s App Commerce Program revenue for each month within seven business days after the last day of the preceding month. Following receipt of the monthly report, Developer may invoice Getjar to the attention of finance@Getjar.com, with payment terms of 30 days from receipt of invoice.

c) Getjar’s Mode of Payment

Getjar pays Developer via wire transfer if the Developer is located outside the USA. For Developers in the USA, Getjar may pay by wire transfer or check. Developer has the responsibility to provide necessary payment information to finance@Getjar.com. Failure to provide payment information could delay payment. Necessary payment information includes (i) Developer’s Account contact for payments to Developer; (ii) bank account name that Developer’s bank uses; (iii) Developer’s wire transfer information; (iv) VAT number if applicable; (v) specification of payment in US Dollars or GBP; and (vi) IBAN or SWIFT code.

d) Termination of Commerce App(s)

On seven days prior written notice to the other party, each party may discontinue any Commerce App; provided, however, that (i) termination by Developer is not effective until Getjar has recovered its agreed revenue of a Deal pre-paid by Getjar; (ii) if any Commerce App violates the Google Play Policies (currently available at http://play.google.com/about/developer-content-policy.html), Getjar may immediately discontinue any Getjar SDK services to Developer, at Getjar’s sole discretion; and (iii) Getjar may terminate this Agreement and suspend Developer’s access to Developer’s Account at Getjar with one (1) day advance written notice if: (a) Developer violates its redemption obligations with respect to any voucher offered by Developer through Getjar’s programs and services; (b) Developer fails to redeem or cause the redemption of any Deal voucher to fail for any reason, including but not limited to the sale or dissolution of Developer’s business, a violation of or a higher than expected number of purchasers, (c) Developer violates any of the material terms of this Agreement or any other agreement Developer may have with Getjar, or (d) or otherwise misuse, repeatedly abuse program guidelines or Getjar standards that have been communicated to Developer in advance, or Developer in any way engages in conduct, which in Developer’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of Getjar or any Getjar customer.

3. Advertising Services

Developer, at its option, may choose to engage as part of the Getjar Services, Getjar’s online advertising services or programs by establishing an Account with Getjar (as provided below), and from time to time creating advertising campaigns for apps. To create an advertising campaign Developer follows the applicable Getjar procedures and policies. Steps to create a campaign include: (i) selecting advertising target options and keywords (“Ad Options”); (ii) uploading advertising content and information, URLs, and other of Developer Materials to the Getjar site; (iii) specifying a payment amount (as defined below) that Developer offers to pay for Getjar’s advertising services; and (iv) paying Getjar the Prepaid Fees (as provided below) in an amount sufficient to cover Developer’s campaign.

a) Placement

The preference of display of Developer Material will be determined by Getjar’s proprietary algorithms, which include a factor for the Developer’s payment amount relative to offers by other parties for placement of their own ads that fall within the same set of Ad Options. Getjar may place Developer Materials that Developer uploads to a Getjar site within the set of Ad Options selected by Developer, in any content or property provided by Getjar or a third-party Getjar partner. Getjar reserves the right to accept or reject campaigns in its sole and absolute discretion. Getjar is not liable or responsible for any acceptance or non-acceptance of any campaign. When Developer creates a campaign, Developer offers to pay the amount of the applicable fee and conclusively approves all placements of Developer’s advertisements by Getjar. Getjar or Getjar partners may reject or remove an ad at any time with or without cause.

b) Campaign Reports

Getjar may make available reports related to the campaigns. Any such reports constitute Getjar Materials. Getjar may modify or cease providing any reports at any time with or without notice. If Getjar enters into a separate Insertion Order or written agreement with Developer for delivery of advertising services, then those terms, and not this Agreement, apply to those advertising services.

c) Cost per Install Campaigns

After Developer establishes an Account, Developer may, from time to time, create a Cost Per Install Ad campaign. Developer may use either the Getjar Developer Portal or contacts the Getjar Ad Operations team to place Developer Material in positions on Getjar sites. For each Sponsored App that is in a campaign delivered in a Cost Per Install Ad campaign, Getjar deducts the applicable fee and applicable taxes, if any, from the Account. Getjar charges the fee to the Account when the download is initiated, when the Sponsored App is installed on the device or when the Sponsored App is installed and opened, as specified in the Getjar Developer Portal or Insertion Order.

d) Discontinuing or Pausing Ad Campaigns

Either Developer or Getjar may discontinue or pause any campaign upon reasonable written notice. Developer may apply to a new campaign any balance of Prepaid Fees remaining in the Account following discontinuance of a campaign until the funds in the Account are fully depleted. Payments into the Account are not refundable. If Developer notifies Getjar to discontinue or pause a campaign after a Getjar partner has already agreed to run the campaign in accordance with Developer’s selected Ad Options, then Getjar may not be able to immediately stop the partner’s display of the respective campaign. In such event, Getjar may deduct from the Account any fees incurred after a discontinuance or pause date requested by Developer until the pause or discontinuance is fully implemented. If Getjar discontinues or pauses any campaign and such discontinuance or pause was not requested by Developer, then Developer is not responsible for any fee incurred on campaigns run after the date of Getjar’s notice of pause or discontinuance.

e) Account Funding

Before any Cost Per Install campaign starts, Developer must deliver Pre-paid Fees into its Account subject to applicable minimum increments stated on the Getjar Developer Portal unless otherwise agreed in the terms of the Getjar Insertion Order or the Developer Insertion Order.

f) Insufficient Funds in Account

If Getjar determines that the remaining Account balance is insufficient to cover a campaign, Getjar may pause or discontinue the campaign pending Getjar’s receipt of additional Prepaid Fees into the Account. Any amounts overcharged by Getjar in excess of the Account balance authorized by the Developer will be credited back to the Developer Account.

g) Taxes

Developer payments are due free and clear of (and without deduction or withholding for) any sales, value-added, commodity or other tax, charge, fee, deduction or withholding. If any such tax, charge, fee, deduction or withholding is required to be withheld from any amounts payable to Getjar under this Agreement, Developer shall increase the amounts payable to the extent necessary to yield to Getjar the amounts due as determined by this Agreement.

h) Invoices / Overdue Payment

Getjar’s Invoices for payments are due and payable immediately upon receipt. Any amounts not paid when due bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less.

4. Proprietary

a) Ownership

As between the parties, Developer, its partners and licensors exclusively own any Intellectual Property Rights in any of Developer Material and any Developer Service. As between the parties, Getjar, its partners and its licensors exclusively own any intellectual property rights in any Getjar Material and Getjar Service. Each party represents that it has sufficient ownership and rights to grant the licenses granted herein and to enter into this Agreement.

b) Licenses from Getjar

While this Agreement remains in effect, Getjar grants Developer a nontransferable, nonexclusive, worldwide, revocable license (without the right to sublicense) to (i) access and use the Getjar Service as provided herein; (ii) to internally use the executable Getjar tools in object code format solely for the purpose of developing apps for handheld devices, (iii) internally reproduce and use the Getjar tool documentation in support of the development described in clause (ii); and (iv) distribute to Developer’s end users that have appropriate entitlement, the binary code of Getjar tools as incorporated into Developer’s apps but not as standalone items.

c) Licenses from Developer

Developer grants Getjar a nontransferable, nonexclusive, worldwide, revocable license to reproduce, display and distribute Developer’s apps and Developer Materials through the Getjar Service or sites or services of Getjar’s advertising or distribution partners. Once copies of a deleted app are no longer available through the Getjar Service or sites or services of Getjar partners, Developer’s license authorizations to Getjar terminate under this Agreement with respect to that app.

d) Restrictions on Licenses

Except as provided in this Agreement, neither party shall or shall allow others to (i) use, reproduce, distribute, display, sell, offer for sale, rent, lease, loan, license, distribute, exploit for any commercial purposes, or create derivative works based on any content provided or made available to it by the other party in accordance with this Agreement; (ii) disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code form or structure of the other party’s content provided in binary code, except to the extent that such restriction is not legally enforceable, in which event, the party seeking to derive source code from the other party’s binary code shall first request such information from the other party and enter into a confidentiality and use limitation agreement concerning such source code; or (iii) use or export any content in violation of applicable laws. Each party shall, with respect to the other party’s content in its custody, preserve all copyright and other proprietary rights notices in the other party’s item.

e) Policies and Compliance

Developer’s participation in any campaign is subject to compliance with Getjar’s then-existing advertising criteria and specifications (including content limitations, technical specifications, bid policies, privacy policies, user experience policies, community standards regarding obscenity or indecency and other editorial or advertising policies) (collectively “Policies”), the current versions of which may be located on the Getjar site. Policies may be modified by Getjar at any time with or without notice. It is Developer’s obligation to submit Ad Options, Ads, and bids in accordance with the Policies. Developer agrees that Developer will advertise only Developer’s apps that are available for download on the Getjar site.

f) Developer Responsibility for Ads

Developer is solely responsible for all Ad Options, Ads, and apps, which constitute Developer Materials. Developer is solely responsible for all websites and pages to which Ads link or direct users and for all services and resources advertised by Developer.

g) Support

Each party provides end user support in accordance with its then current standard polices.

5. Developer Warranty

Developer represents that: (a) Developer is the authorized owner or representative of Developer Materials, Developer Site(s), and Developer Services and any sites or services to which Ads may link, with sufficient authority to agree to be bound by this Agreement with respect thereto; (b) Developer is responsible for offering and selling the apps featured in Ads, including without limitation, any invoicing, product returns or replacement, customer service, and payment of any taxes and charges; (c) Developer is also responsible and liable for: (i) the decision to make any Deal available through Getjar Services; (ii) fulfilling the Deal with respect to all Deal voucher holders; (iii) supplying any item specified in the Deal; (iv) with respect to information submitted for the purpose of enrolling as an advertiser, Developer will at all times provide only information that is accurate, complete, and current; and (d) all Developer Materials (including Developer apps), Developer Sites, and Developer Services, Developer Deal vouchers including all portions thereof, (i) do not violate any law or regulation of any governmental agency, including, but not limited to, any applicable law or regulation relating to data privacy or personal data; (ii) do not infringe in any manner on any copyright, patent, trademark, trade secret or any other Intellectual Property Rights of any third party; (iii) do not breach any rights of any person or entity, including without limitation rights of publicity or privacy; (iv) are not false or misleading; (v) do not involve hate activity or promoting violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and (vi) are not defamatory, libelous, slanderous or threatening.

6. Safe Harbor Infringement under US DMCA and EU ECA.

If Developer finds any content on the Getjar Service that infringes, misappropriates or misuses Developer’s Intellectual Property Rights, Developer may ask Getjar to remove such content from the Getjar Service in a written notice (“Claim”) that includes the following: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that is the subject of the Claim; (iii) the location of the content that is the subject of the Claim; (iv) the address, telephone number, and email address for Getjar’s response to Developer; (v) a statement that Developer has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by Developer, made under penalty of perjury, that the above information in the Claim is accurate and that Developer is the copyright or intellectual property owner or otherwise authorized to act on the copyright or intellectual property owner’s behalf. Getjar’s agent for notice of a Claim can be reached by email at copyright@getjar.com. In response to the Claim, Getjar will proceed in accordance with the applicable notice and take-down procedures.

7. Password and Security

Access to or use of the Getjar Services requires Developer to register an Account on the Getjar Developer Portal. Developer receives (or chooses) a password upon completing the registration process. Developer is responsible for maintaining the confidentiality of the password and any activity initiated by Developer. Developer shall (i) promptly notify Getjar of any unauthorized use of Developer’s Account or any other breach of security known to Developer and (ii) complete the exit from the Account at the end of each session.

8. Disclaimer of Warranties

DEVELOPER’S USE OF THE GETJAR SERVICE AND ANY MATERIALS, SERVICES OR SITES AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SERVICE IS DEVELOPER’S SOLE RESPONSIBILITY AND RISK. THE GETJAR SERVICE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GETJAR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. GETJAR DOES NOT WARRANT THAT ANY GETJAR SERVICE OR ANY APPS, MATERIALS, SERVICES, OR SITES AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SERVICE, WILL (i) MEET DEVELOPER’S REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY GETJAR CONTENT, MATERIAL OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.

9. Limitations on Liability

a) Content Posted by Other Developers

Getjar does not systematically investigate, monitor, or review any content posted by developers on any Getjar Service and, except as set forth in Section 6 above, is not responsible for such content or any terms and conditions that may apply to them. If Developer decides to install or use any content posted by another developer, Developer does so at Developer’s own risk. Developer communications or dealings with any third party found on the Getjar Service are solely between Developer and the third party.

b) Limitation on Damages

EXCEPT FOR DEVELOPER’S BREACH OF THE SECTION ENTITLED “CONDUCT” OR THE SECTION ENTITLED “PROPRIETARY”,  IN NO EVENT IS EITHER PARTY LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNTS ACTUALLY PAID BY DEVELOPER FOR THE APPLICABLE GETJAR MATERIALS OR GETJAR SERVICE AND (2) FIFTY U.S. DOLLARS ($50 USD).  IN NO EVENT IS EITHER PARTY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

c) Limitation on Time Period for Legal Actions

To the extent permitted by law neither party may file any legal action against the other more than one (1) year after the legal cause of action arose, and such legal action is thereafter barred forever.

d) Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PROVISIONS ENTITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY.

10. Conduct

Developer shall not access or use Getjar or access or use any Getjar Material, Getjar Services or sites available on or accessible through Getjar, to do any of the following:
a) collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
b) use or attempt to gain access to or use another’s account, password, Getjar Service, Getjar Material or computer systems or networks connected to any Getjar server or to Getjar without authorization from Getjar, whether through hacking, password mining or any other means;
c) remove from any Getjar Material posted on Getjar or falsely add to any Getjar Material any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Getjar Materials;
d) access or attempt to access any Getjar Material on Getjar that you are not authorized to access or any Getjar Material through any means not intentionally made available through Getjar or Getjar Services;
e) make available any files containing Getjar Materials or third party materials where you have not received the necessary licenses to, or all rights (including all Intellectual Property Rights) in and to such Getjar Materials or third party materials, as applicable;
f) use any materials posted on Getjar in any manner that violates or infringes any rights (including any Intellectual Property Rights) of any other person;
g) disrupt or interfere with the security of, or otherwise cause harm to Getjar or any services, materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Getjar or any linked sites;
h) transmit unsolicited or bulk communications to any Getjar account holder or to any getjar.com or affiliated e-mail address or use Getjar as a return address for unsolicited commercial mail originating elsewhere;
i) post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
j) create a false identity for the purpose of misleading others;
k) download any third party materials posted on Getjar that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
l) disrupt, interfere or inhibit any other user from using and enjoying the Getjar, any Getjar Materials or services accessible through Getjar, or third party sites linked from Getjar;
m) breach any license terms, guidelines or other codes of conduct applicable to a particular material or service accessible through Getjar or a particular third party site linked from Getjar;
n) violate any applicable laws or regulations related to the access to or use of Getjar, or engage in any activity prohibited by these Terms:
o) post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
p) prepare, compile, use, download or otherwise copy any Getjar user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
q) violate the rights of Getjar or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or
r) use any Getjar domain name as a pseudonymous return e-mail address;
s) gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Getjar and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law;
t) generate any automated, fraudulent or otherwise invalid impression, inquiry, conversion, click, download, or other false action; (ii) use any automated means or form of scraping or data extraction to access, query or otherwise collect advertising related information from any Getjar Service; or
u) advertise anything illegal or engage in any illegal or fraudulent business practice.

11. Termination

a) Termination of Agreement

This Agreement and the licenses granted above are effective on the date Developer clicks on the “I Agree” button and will continue unless and until this Agreement is terminated by either party pursuant to this section or as otherwise specified in this Agreement. Getjar may terminate this Agreement immediately upon notice to Developer if Developer breaches any of the terms of this Agreement or any other terms referenced in this Agreement. Developer may terminate this Agreement at any time, with or without cause, by sending either an email to finance@getjar.com with Developer’s name and the subject “TERMINATION OF DEVELOPER AGREEMENT”. Upon termination, all existing ad campaigns will be deemed cancelled as provided above, the licenses granted above will terminate, and Developer shall immediately destroy any copies of the Development Materials in its possession.

b) Termination of Access

If necessary to remediate Developer’s breach of the conduct policy under the above heading “ Conduct”) or privacy policy (http://www.getjar.com/site/privacy) or any legal action, Getjar may terminate Developer access to or use of the Getjar Service or any portion thereof (including, without limitation, any Developer Account password), and remove and delete any Developer content within the Getjar Service. Getjar may also at any time modify or discontinue providing, temporarily or permanently, any of the Getjar Service or any Getjar Material, or any parts of the foregoing.

c) Survival

The following Sections survive termination of this Agreement: Ownership; Restrictions; and Developer Warranty through and including General. Any provision or sections of this Agreement that is logically intended and required to survive expiration or termination of this Agreement to achieve their intent, survives without limitation. Neither the expiration nor termination of this Agreement, nor your suspension or cancellation of any Deal offer affects any right of any holder of a valid Deal voucher, Getjar’s obligation to pay you for any validly redeemed voucher, or modifies or eliminates your obligation to redeem any valid voucher pursuant to its terms.

12. Notices

Notice concerning breach, default, indemnity or infringement under this Agreement is sufficient only (i) via certified or registered United States mail postage pre-paid or (ii) by any other means including email only if the recipient provides acknowledges delivery. For notices by Getjar to Developer, the Developer’s Account information includes the valid notice information. For notices under this Agreement by Developer to Getjar, send to Ilja Laurs, CEO Getjar Networks Ltd., 90 Fetter Lane, London EC4A 1EQ UK. For communications pertaining to the Advertising or Commerce App Option send email to advertise@Getjar.com. For email notice concerning termination, send email to finance@getjar.com

13. Updates

Getjar may update or change the terms of this Agreement from time to time. We will notify you of any material changes by sending you an e-mail to the last e-mail address you provided to us, if any, or by prominently posting a notice of the changes on the applicable Getjar Service.  The amended agreement is effective upon the earlier of thirty (30) days following our dispatch of an e-mail notice to you or thirty (30) days following our posting of notice of the changes on the applicable Getjar Service. It is your responsibility to regularly check the applicable pages of the Getjar Service to determine if there have been changes to these terms and to review such changes. If you do not agree to any changes to these terms, you must cease accessing or using the Getjar Service and any Getjar Material, service, or site  available on or accessible through the Getjar Service, and if you have an Account with Getjar, notify Getjar to terminate your Account. Continued use of the applicable Getjar Service or any Getjar Material, service, or site  available on or accessible through the applicable Getjar Service after any changes in these terms will indicate your acknowledgement of such changes and agreement to be bound by these terms as updated.

14. General

Except for assignment to an affiliate in control of the assignor, subject to the control of the assignor or under common control with the assignor, neither party may assign this Agreement, without the other party’s prior written consent. The relationship between the parties under this Agreement is that of independent contractors and no agency, partnership, joint venture or other joint relationship is created hereby and neither party is authorized to bind the other party. Except for payment obligations (if any), neither party is responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control. This Agreement is governed by the laws of the State of California excluding (i) its conflicts of law principles and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The parties agree to submit to the personal jurisdiction of the courts of the State of California. The failure of either party to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement remain in full force and effect. The section titles are for convenience only and have no legal or contractual effect. This Agreement constitutes the entire agreement between the parties superseding any prior agreements or understandings (whether written or oral) regarding the subject matter of this Agreement.


END USER TERMS

Updated: December 18,2012

GETJAR “GOLD” VIRTUAL CURRENCY

The GetJar Service may include an opportunity for you to earn (including by completing actions or activities, or downloading third-party applications), buy or use a type or types of virtual currency (“GetJar Gold”) including, but not limited to so-called gold, coins, cash, or points, to download third-party applications, to license virtual digital goods or items, or to obtain discounts, offers or other goods or services (together “Deal Goods”). You may be required to pay a fee using real-world money to obtain a license to use GetJar Gold. Regardless of what we call them, GetJar Gold and Deal Goods are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside of the GetJar Services without our written permission. While we may use terms like “buy”, “purchase” or “sell” in reference to the GetJar Gold, we do so only for convenience and such terms in no way indicate that GetJar Gold has monetary value or is real money. You acknowledge that GetJar Gold is not real currency and is not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of the GetJar Service or any third-party good or services that will be accessible through the use of GetJar Gold, or the availability or supply of GetJar Gold.

GetJar Gold and Deal Goods obtained via the GetJar Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the GetJar Service. GetJar Gold and Deal Goods may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Deal Goods may be subject to a separate third-party license or agreement. Except as perhaps specifically provided to you in writing by a third party as to third-party Deal Goods, you have no property interest, right or title in or to any such GetJar Gold or Deal Goods appearing or originating in the GetJar Service, or any other attributes associated with use of the GetJar Service. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

All GetJar Gold and Deal Goods are forfeited if your account or access to the GetJar Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the GetJar Service. We may at any time expire free or promotional GetJar Gold given to you.

We have no liability for hacking or loss of your GetJar Gold or Deal Goods or any goods or services obtained via GetJar Gold. We have no obligation to, and will not, reimburse you for any GetJar Gold or Deal Goods or any goods or services obtained via GetJar Gold that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of GetJar Gold and/or Deal Goods and/or to refuse to provide you with any GetJar Gold and/or Deal Goods. Price, exchangability and availability of GetJar Gold and Deal Goods are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify and/or eliminate GetJar Gold as we see fit in our sole discretion, and that we will have no liability for exercising such right.
You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your GetJar Gold regardless of the circumstances. You absolve us of any responsibility to maintain or update your GetJar Gold account. However, if there is a loss of GetJar Gold in your account due to technical or operational problems with the GetJar Service, we will refund the lost GetJar Gold once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the GetJar Gold lost.

REDEMPTION OF GETJAR “GOLD”

You may from time to time be presented with opportunities to redeem GetJar Gold for Deal Goods. We will, in our sole discretion, determine and communicate the availability and exchange rate for any GetJar Gold and Deal Goods, which may be modified at any time. You must comply with any individual Deal Goods limitations as indicated via the GetJar Services (or application developer or Reward partner’s terms or website). We reserve the right to cancel, restrict or terminate GetJar Gold and/or Deal Goods at any time for any reason. All Deal Goods are subject to availability. All redemptions are subject to these Terms, any third-party terms associated with a Gold Reward, and all limitations and requirements stated via the GetJar Services.

You may choose a Reward that is still available for which you have accumulated sufficient GetJar Gold for redemption. Select the Reward you wish to use and follow and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us and/or our designee or Deal Goods partner and, when applicable, an email or message containing the Deal Goods in the form of a link, code, coupon or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account.
All acquisitions of GetJar Gold and redemptions for Deal Goods are final. Once GetJar Gold has been lost or spent, it will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No GetJar Gold will be re-credited to your account in the event of a return or exchange of a Gold Reward, or any problem with any Gold Reward.