Account information. We ask for and store information about you when you create an account on the Services, such as your email address. We use your email address to send you updates and provide services to you in connection with the Services.
Public content. You can contribute to the Services in a number of different ways, including uploading video collections reviews and notifying the Services when a video is played or removed from a collection. We may store these contributions (your "Public Content"), display them to other users, and use them for promotional purposes. Note that if you include personally identifiable information in your Public Content, it can be used and viewed by others. We are not responsible for the information you choose to include in your Public Content.
Inviting friends. You can invite your friends to join the Services by providing their contact information, or by entering your log-in credentials to import your address book from other sites. We may store and use your friends' contact information to invite them to join and connect with you on the Services. Your friends will always have the opportunity to opt-out of receiving further communication from us.
Third party services. We allow you to access third party services, such as Facebook and Twitter, to share your selected Public Content with those services, and import information about who you are connected with on those other services so you can connect with them on the Services. You can always opt out on your Cakey account page. Some of those third party services may also provide us with information from your accounts there to enhance and personalize your use of this Services. For example, you can allow Facebook to tell us who your Facebook friends are so you can follow their activity on Cakey. You can also further modify your privacy settings with those other services directly. For example, you can adjust your privacy setting on Facebook here to prevent your Facebook friends from sharing information about you from their Facebook accounts with Cakey.
Activity and log data. We automatically store information related to your use of the Services, such as the videos you view on the Services, your device type, IP address, a unique but anonymous identifier created by your device known as “Vendor ID”, and the date and time of your visits. We use this type of information to administer the Services and provide a better service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Services or to manage or improve the Services.
Feedback. You should feel free to give us feedback, register a complaint, or ask questions about the Services. We may store your communications, including any personal information you include in them, so that we can effectively respond to you. Administration. We may use the information described above for routine administrative purposes, such as investigating abuses on the Services, responding to user inquiries and enforcing and applying our Terms of Service and Statement.
Data storage. We store data in the United States.
Third party service providers. We may use third parties to provide technical and customer support, perform tracking and reporting functions, conduct quality assurance testing, perform payment processing and provide other services in connection with the Services. We may share information about you with them so that they can perform the services they are required to perform, but they are not permitted to use your personal information other than to provide the services requested by you.
Aggregate information. We may share non-personal information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors.
Business transfers. We may share your information with our parent company, subsidiaries, joint ventures, or other companies under a common control that we may have now or in the future, in which case we will require them to honor this Statement. If another company acquires our company or all or substantially all of our assets, that company will possess your information, and will assume the rights and obligations with respect to that information as described in this Statement.
Investigations. We reserve the right to investigate abuses on the Services, and enforce and apply our Terms of Service and Statement. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Service and Statement; (c) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
These terms and conditions (the "Terms of Service") govern your access to and use of JCHV’s websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with JCHV Incorporated ("JCHV"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", "our", and “Cakey” refer to JCHV.
"Content" means text, images, photos, audio, music, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Cakey Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than JCHV or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and JCHV Content.
To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Service. If you are under 18, you may use our site only with the involvement of a parent or guardian. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
B.PERMISSION TO USE THE SERVICE
We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service or any functions or Content of the site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
E.COMMUNICATIONS FROM JCHV AND OTHER USERS
By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive an e-mail newsletter about new collections that you might be interested in or an overview of your child’s viewing habits.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by JCHV. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B.OUR RIGHT TO USE YOUR CONTENT
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Cakey and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Cakey, you own Your Content. We own the Cakey Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Cakey Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Cakey Content are retained by us.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
A.YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO USE THE SERVICE TO:
i.Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii.Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iii.Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by JCHV;
iv.Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
v.Solicit personal information from minors, or submit or transmit pornography; or
vi.Violate any applicable law.
B.YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:
i.Violate the Terms of Service;
ii.Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by JCHV;
iii.Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
iv.Reverse engineer any portion of the Service;
v.Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
vi.Record, process, or mine information about other users;
vii.Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
viii.Reformat or frame any portion of the Service;
ix.Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on JCHV technology infrastructure or otherwise make excessive traffic demands of the Service;
x.Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
xi.Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,"Viruses");
xii.Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
xiii.Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
xiv.Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.