terms and conditions

Jostle Terms and Conditions

1. Acceptance Of Terms

These Terms of Service (the “Terms of Service”) apply to your (“You” or “your”) use of Jostle application, available as a mobile app download or as an online application located at “www.jostle.io” and to any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Service (the “Services”), which are owned and operated by Jostle (a Podcast Inc Company) (“Jostle” or “we”).

The Services provide a way for businesses, startups and entity wanting to advertise on Podcasts hereafter referred to as “Brands”, any Podcast or YouTube Channels or any other audio, video, creator hereafter referred to as “Creators” and any individuals or representative of businesses or startups who wish to be guest on these creator channels hereafter referred to as “Guests”. “Brands”, Creators” and “Guests” can be controlled by one or can be completely different entities but are collectively called as “Users”.

All “Users” who use Jostle understand that we are a Service o match and communicate between different entities like “Brands”, “Creators” and “Guests” and that we not liable for the content of any such communication. Any information that you provide is purely voluntary, and Jostle is not liable for the use by any “Users” of our community of information that you provide. Jostle does not perform background checks or consumer credit checks on any User in connection with the Services.

PLEASE NOTE: Your access to and use of the Services is subject to these Terms of Service, as well as all applicable laws and regulations. Please read these Terms of Service carefully. When you provide your consent by clicking the “accept” button, or otherwise through the account registration process which references these terms during the process of connecting to and using the Services, you are agreeing to be bound by these terms to the same extent as if a paper copy of these terms had been manually executed, and you understand and intend to enter these terms electronically. If you do not agree with these terms, you should not give your consent, and you are not permitted to access or use the Services. These Terms of Service may be changed, modified, supplemented or updated by Jostle from time to time without advance notice, and the updated terms may be posted on Jostle website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Services after such changes are posted; provided, however, that Jostle may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Jostle Content or services added to the Services will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Services and these Terms of Service periodically for updates and changes. If you are using the Services on behalf of a legal entity or another individual, you represent and warrant that you are authorized to enter and agree to these Terms of Service on behalf of that legal entity or individual.

If you have any questions about these Terms of Service, please contact us as described in the Contacting Us section below.

2. Limited License Access of Site – All Rights Reserved

Use of the Services is limited to persons 18 year of age or older. Subject to your compliance with these Terms of Service, Jostle hereby grants you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jostle (e.g., downloading of PDF forms, applications, etc.). The Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the “Jostle Content”). Jostle Content does not include User Content (as defined below). The license granted in this Section does not include any resale use of the Services or Jostle Content; any derivative use of the Services or Jostle Content; or any use of data mining, robots, or similar data gathering and extraction tools.

The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jostle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jostle without Jostle ‘s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Jostle ‘s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Jostle Content) retain all right, title, and interest in the Services and any Jostle Content offered on these Services, including any and all intellectual property rights.

Any software applications available on or through the Services are licensed, not sold, to you. Jostle may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Jostle Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Jostle.

3. Services

“Creators” may use the Services to accept “Guest” bookings to appear on the “Creator” Channel. “Guests” may control which “Creators” they want to be a part off. “Brands” may use the Services to Sponsor/Advertise on different “Creators” channels.

When two “User’s” decide to conduct a “Transaction” with each other, we will share information with each User as necessary or requested, such as (i) the first and last name, social media account handles, and contact information, (ii) links to User profiles, or (iii) details of the “Creator”, “Guest” or “Brand” as applicable to complete the transaction activities.

The Services include providing notifications to “Users” upon the occurrence of certain events, such as when a Creator has accepted an offer from a Guest or Brand. You agree to allow such notifications, which may be sent by in-application push message, posting to your account, email, and/or text message.

In consideration of the Services, we receive from every paid transaction a fee (the “Service Fee”) in the amount of 20% of the transacted amount. Jostle reserves the right o have a Service Fee a SaaS monthly subscription fee or both based on business and company decisions. The Service Fees and monthly SaaS subscription fees are non-refundable. We do not currently charge Brands any service fee for use of the Service.

4. Payment Terms

a) Transactions

Once you become a “User” of the Services, you will have the opportunity to complete “Transactions” with/for other Users. If you are a “Guest” and to request other “User” like a “Creator” to be a guest on the “Creator” channel. If you are a “Brand” and you want to Sponsor/Advertise on a “Creator” channel. In either case if there is payment agreed upon by the “Creator” or Brand” you agree to pay, using a valid credit card (or other form of payment that the third party payment processor may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Fulfilling the terms of he “Transaction” is your responsibility as “Creator” or “Guest” or “Brand” and Jostle is not the responsible party for fulfilling the terms of the transaction. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations of the “Transaction”, and you agree to indemnify Jostle for any liabilities or damages arising out of or related to any breach of your obligations arising out of or in connection with any of the “Transaction”.

b) Third Party Payment Processors.

You will be required to connect a bank account or register with a third-party payment service to make or receive any payments for completing the “Transactions”. The Services do not directly accept or process payments. Instead, the Services may provide an interface to or content from third-party payment processors and may allow payments through these third-party payment processors. These third-party payment processors collect, process and store payment information at the direction of the user and provide only credits and notifications to us. You are responsible for complying with any terms and conditions set by our third party payment processors and we expressly disclaim all liability for your use of such third party payment processors. If you are “User” and need to complete a transaction which requires monetary exchange, you must connect your bank account or payment service before you are allowed to enter into such “Transaction”.

c) Taxes.

It is possible that if you are making any “Transaction” either as “Creator”, “Guest” or “Brand” with other Users that such may be subject to taxes in the jurisdiction where the Transaction is completed. You are encouraged to talk with your financial and tax advisors to determine whether or not any Tasks that you elect to complete would oblige you to collect and remit any taxes.YOU ARE SOLELY RESPONSIBLE FOR COLLECTING AND REMITTING ANY TAX WHICH MAY BE APPLICABLE TO THE SERVICES THAT YOU AGREE TO PROVIDE TO ANY PARTY AND FOR REMITTING ANY TAX TO THE APPROPRIATE TAXING AUTHORITY.JOSTLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR COLLECTING, REMITTING OR ADVISING YOU ON ANY TAX OBLIGATIONS.

d) DISCLAIMER.

ALL PAYMENTS RELATED TO THE SERVICES MUST BE PROCESSED THROUGH THE PAYMENT METHODS PROVIDED WITHIN THE SERVICES. USERS SHOULD NOT DIRECTLY EXCHANGE PAYMENT OR REQUEST PAYMENT OF ANY AMOUNTS OUTSIDE OF THE PAYMENT METHODS PROVIDED THROUGH THE SERVICES.JOSTLE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY EXCHANGE OF PAYMENT OR FOR ANY DISPUTE RELATED TO PAYMENTS MADE OUTSIDE OF THE SERVICES. JOSTLE MAY TERMINATE YOUR ACCESS TO THE SERVICES IF YOU REQUEST OR EXCHANGE ANY PAYMENT OUTSIDE OF THE METHODS PROVIDED THROUGH THE SERVICES.

5. Ownership of Jostle Content and Services

a) Except as otherwise expressly stated, all Jostle Content appearing on the Services is the copyrighted work of Jostle or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Jostle Content is also the exclusive property of Jostle and is protected by U.S. and international copyright laws.

b) You may download information from the Services and print out a hard copy for your personal use if you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Jostle Content obtained from these Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Jostle or any applicable third party suppliers. The use of Jostle Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Jostle. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Jostle does not warrant or represent that your use of Jostle Content or the Services will not infringe rights of third parties.

6. Ownership of Information submitted via Profile or Transactions

a) Except as set forth in our Privacy Policy,[a][b][c]any communication or User Content will be considered non-confidential. Unless otherwise expressly stated in writing by Jostle, no compensation will be paid with respect to Jostle’s use of any User Content. Jostle shall have no obligation to preserve, return or otherwise make available to you or others any User Content.

b) Except as set forth in our Privacy Policy, Jostle does not claim ownership of your User Content in its original form. However, by making any of your User Content available on or through the Services, you hereby grant to Jostle a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, stream, broadcast, access, and otherwise fully utilize such User Content on the Services as currently exist or may be developed in the future. For the avoidance of doubt, the license granted in this paragraph applies to your User Content on the Service.

c) Without limiting the foregoing, you hereby grant to Jostle the worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to use, reuse, and to grant others the right to use and reuse, without any compensation, notice, review or approval, the User Content, your name, photograph, likeness (including caricature), voice, and biographical information, and any reproduction or simulation thereof, (collectively “Licensed Material”). You further authorize Jostle to incorporate and license others to incorporate any part or all of an Transaction on a Creator channel in any form. You agree that the rights granted hereunder shall include the perpetual, irrevocable, worldwide right of Jostle to edit, telecast, cablecast, rerun, record, publish, reproduce, use, license, print, transmit, display distribute, create derivative works from, or otherwise exploit, in any manner and in any medium or forum whether now known or hereafter devised said Transaction on a Creator channel in whole or in part without any further compensation to you. You agree that Jostle shall be without liability to you for any distortion or illusionary effect resulting from the publication of your picture, portrait, likeness, photographic image, artwork or reproduction of video footage or audio recording. You hereby waive all rights and release Jostle and its employees, directors, officers, employees, volunteers, representatives, and agents, from any and all liability which may arise from any and/or all claims by you or any third party in connection with the use of your name, picture, portrait or likeness and you agree that you shall not sue nor bring any proceeding against any of the foregoing parties, or their successors and assigns for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of the Licensed Material or a Transaction on a Creator channel.

d) Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your User Content to Jostle, you hereby waive any privacy expectations that you may have with respect to any such User Content. You hereby agree, subject to the Privacy Policy and applicable law, that Jostle is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such User Content, and you agree to hold Jostle and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Jostle site, or any other use authorized under these Terms, of your User Content. You further hereby agree that any User Content by you will be accurate and will not be intended to mislead, harm or cause damage to Jostle, any User, any third party or any other party, and you agree to indemnify, defend and hold harmless Jostle against any and all claims, liabilities and damages caused by any User Content from you or any third party.

e) You understand and agree that, if any other third-party or User shares or provides you with access to their User Content, or if you otherwise access any User Content through the Services, you will not obtain, because of your use of the Services, any right, title, or interest in or to such User Content. You agree to maintain the confidentiality and integrity of such User Content and/or to any shared Content and to use or disclose such User Content and/or Jostle Content only as authorized by their owner. You understand and agree that you shall be solely liable for any damages arising out of or related to your breach of these obligations, and you agree to indemnify Jostle for any liabilities or damages arising out of or related to any breach of your duty to maintain the confidentiality and integrity of such User Content and/or any shared Jostle Content and to use or disclose such User Content and/or Jostle Content only as authorized by their owner.

7. DMCA

If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
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.

Jostle’s designated Copyright Agent to receive notifications of claimed infringement is Amber Smith, telephone (368) 231-1493 email: team@jostle.io, [d]address: 1022 Boulevard, Suite #189 West Hartford CT 06111. Jostle’s DMCA registration number is DMCA-1036353. [e][f][g][h]You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) 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 material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, 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 Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

8. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Jostle is 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 Jostle. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

9. Advertisements

Jostle may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Jostle is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed

10. Feedback

Please be advised that if you send or submit to Jostle creative ideas, suggestions, inventions, or materials (“Feedback”), Jostle shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person

11. Privacy

Your privacy is important to us. We maintain our Privacy Policy[i] at https://jostle.io/privacy-policy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.

12. Connection Requirements

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use these Services, and Jostle reserves the right to change the access configuration of the Services at any time without prior notice.

13. Profiles and Accounts

a. Profiles

When you register with us for access to the Services and successfully complete the account registration process you will become a “User” of the Services. As a User, you will have the opportunity to create a profile (“Profile”) and to add information, data, and images to your Profile) (“Profile Content.”) All Users are responsible for monitoring the Profile Content uploaded or added to their Profile. Please note that you, and not Jostle, are responsible for maintaining and protecting all Profile Content. Jostle will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content. You understand and intend that allowing access to your Profile or otherwise sharing or disclosing any information with a Third Party pursuant to this Section is authorized by you and will not be considered a “disclosure,” access, or use of information by Jostle for any purposes. You are responsible for using the Services in a manner that complies with the law.

b. Accounts

In order to access the Services, including to (i) create and manage a Profile or (ii) post any Profile Content through the Services, you must register to create an account (“Account”) and become a User. Your Account is subject to verification and approval by Jostle. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Jostle reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. Jostle does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Jostle if you become aware of any unauthorized use of your Account.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of third parties that are expressly authorized by a User to assist in the creation of the User’s account, Jostle prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Jostle upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Jostle immediately of any breach of security or unauthorized use of your account. Jostle will not be liable for any losses caused by any unauthorized use of your account.

14. User Responsibilities

a) Responsibility for Equipment.

Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Service. Jostle has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.

b) Third Party Carriers.

The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.

c) Prohibited Use.

Any use or attempted use of the Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Jostle to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Jostle, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Services, you agree you will not:

Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Jostle representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);
Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage in accordance with the Limited License and Site Access outlined above;
Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including e-mail addresses;
Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on these Services; or
Sell or use any Jostle Content or information from Services for any commercial purpose or personal pecuniary gain.

Jostle reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account.

Jostle may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Jostle reserves the right at all times to disclose any information as Jostle deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jostle ‘s sole discretion.

15. Termination

Jostle may, in its discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Services. Upon termination we will promptly remit to you any funds in our control that we reasonably determine are owed to you. You may cancel your Account at any time by contacting us or following the prompts on the site. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews or feedback

16. Internet Risks

You understand that applications, systems, and devices connected to the Internet are subject to inherent risks common to the Internet, such as malicious code, viruses, hackers, and other similar parties, code, or systems. Jostle has no liability for any applications accessed or downloaded using the Services or for the acts of any third party that may affect the use of the Services. You understand and agree that no data transmitted over the Internet is or can be guaranteed to be completely secure. Jostle does not guarantee that data submitted or transmitted to Jostle or through the Services will be free from unauthorized disclosure, access, misappropriation, or intrusion.

17. Right to Monitor

Jostle neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Jostle does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Jostle ‘s sole discretion, may be illegal, may subject Jostle to liability, may violate these Terms of Service, or are, in the sole discretion of Jostle, inconsistent with Jostle ‘s purpose for these Services.

18. Disclaimer

a) Jostle Content and other information contained in the Services has been prepared by Jostle as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Jostle has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of Jostle Content or other information contained in or linked to the Services or any other website maintained by Jostle. Users relying on Jostle Content or other information from the Services do so at their own risk.

b) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL JOSTLE CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND JOSTLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. JOSTLE MAKES NO WARRANTY THAT JOSTLE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

c) PLEASE NOTE THAT, JOSTLE CANNOT AND DOES NOT CONTROL THE INFORMATION CONTAINED IN ANY USER CONTENT. JOSTLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES AND GUIDES (SUCH AS FTC GUIDES CONCERNING SPONSORED ENDORSEMENTS ). ANY AGREEMENTS BETWEEN A CREATOR AND GUEST WILL BE MADE OR ACCEPTED AT EACH PARTY’S OWN RISK.

d) YOU EXPRESSLY ACKNOWLEDGE THAT YOU, AND NOT JOSTLE, ARE RESPONSIBLE FOR COMPLYING WITH THE FEDERAL TRADE COMMISSION’S GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, 16 C.F.R. Part 255 (THE “FTC GUIDES”), AND JOSTLE DISCLAIMS ANY AND ALL LIABILITY FOR ANY YOUR FAILURE TO COMPLY WITH THE FTC GUIDES.

19. Limitation of Liability

a) YOU UNDERSTAND AND AGREE THAT JOSTLE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF JOSTLE HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE JOSTLE AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

b) YOU UNDERSTAND AND AGREE THAT GUESTIO WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS OF SERVICE UNDER ANY THEORY. IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.

c) YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20. Indemnification

You agree to defend, indemnify, and hold harmless Jostle, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Services, your use of these Services, your fraud, violation of law, or willful misconduct, including without limitation your failure to comply with the FTC Guides, and any breach by you of these Terms of Service.

21. Confirming transaction Completion and Disputes

The transactions between a Brand and Creator, between a Creator and Guest will be the sole responsibility of the respective User and no notification to Jostle will mean the transaction was completed successful. If you are wanting to raise a dispute you need o do I within 7 days of the transaction date and if not you indemnify Jostle for the transaction completion or any payment made as a result. If you and another user have a dispute about whether a Transaction occurred, please contact support at support@jostle.io

Jostle does not make any representation or warranty about the character or quality of any Creator, Brand, or Guest. You acknowledge that you shall have no recourse from Jostle for any dispute with another User.

22. Notice

Any notices to you from Jostle regarding the Services or these Terms of Service will be posted on the Services or made by e-mail or regular mail.

23. Social Media Platforms and Websites

Any information, communications, or material of any type or nature that you submit to our Services through the use of social media integration (including, but not limited to any Jostle website contained on a social media platform or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Social Media Submission”), is done at your own risk and without any expectation of privacy. Jostle cannot control the actions of other users of any social media platform or website and Jostle is therefore not responsible for any content or Social Media Submissions contained on such sites and platforms. By visiting any Jostle Services that are contained on a social media platform or website, you are representing and warranting to Jostle that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.
Additionally, if any one of the Services offers a message board or any other interactive or social-type feature on a website administered directly by Jostle, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although Jostle may take certain precautions to protect those who use these areas of Jostle Services, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

24. Electronic Communication

When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

25. General Provisions

Entire Agreement. These Terms of Service, the Privacy Statement, and other policies Jostle may post on the Services constitutes the entire agreement between Jostle and you in connection with your use of the Services and Jostle Content, and supersedes any prior agreements between Jostle and you regarding use of the Services, including prior versions of these Terms of Service.
Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Service are governed by the laws of the State of Delaware, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in Hartford, CT and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship. Neither these Terms of Service, nor any Jostle Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter any contract on our behalf or bind us in any way.
Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Jostle must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Remedies. You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

26. Contacting Us

If you have any questions or concerns about these Terms of Service, please contact us at support@jostle.io or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Jostle (A wholly owned subsidiary of DSHG Sonic LLC)

1022 Boulevard, #189.

West Hartford CT 06119

27. App Store Terms Of Use

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like a Jostle portal, the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

1. These Terms are concluded between you and Jostle, and not with the App Provider, and that Jostle (not the App Provider, to the extent the App provider is not Jostle), is solely responsible for the App.

2. To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-Platformed Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.

3. Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.

4. To the extent the App Provider is not Jostle, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. To the extent that Jostle is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of Jostle in accordance with these Terms.

5. To the extent the App Provider is not Jostle, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation.

6. To the extent the App Provider is not Jostle, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Jostle will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

7. To the extent the App Provider is not Jostle, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

8. You must also comply with all applicable third-party terms of service when using the App.

9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. To the extent you obtain an App from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the sections of these Terms applicable to the App, and that, upon the your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the applicable End User License Agreement against you as a third party beneficiary thereof.