End User License Agreement
Last Modified: 12.08.2022
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“Agreement”) is a binding agreement between you (“you”) and Jenie, Inc. (“Jenie”). This Agreement governs your use of Jenie’s hotel booking system as provided through Jenie’s mobile applications and websites (collectively and including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING OR USING THE APPLICATION, YOU ACKNOWLEDGE ALL OF THE FOLLOWING: (1) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (2) YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (3)( YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE THE APPLICATION, AND DELETE THE APPLICATION FROM YOUR MOBILE AND ALL OTHER DEVICES.
1. License Grant. Subject to the terms of this Agreement, Jenie grants you a limited, non-exclusive, and nontransferable license to:
1.1. download, install, and use the Application for your personal, non-commercial use on a single mobile device and a single desktop device, each owned or otherwise controlled by you (collectively, “Your Device”) strictly in accordance with this Agreement; and
1.2. access, stream, download, and use on Your Device the Jenie Content (as defined in Section 5.1) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and Jenie’s Terms of Use and Privacy Policy as described in Section 5.
2. License Restrictions.
2.1. While using the Application, You agree to comply will all applicable laws, rules and regulations. Without limiting Jenie’s rights to take action against You, You shall not:
a. communicate by any means in relation to the Application any material or content which, in Jenie’s sole and exclusive discretion, is believed or deemed offensive, including nudity, sexually explicit images or content, language that is unlawful, threatening, abusive, defamatory, disparaging, obscene, profane, or racially, ethnically, or otherwise objectionable;
b. communicate by any means in relation to the Application any text, words, images, sounds, videos, or other material which would breach of a duty of confidentiality, infringe any intellectual property right or right to privacy, or which would incite the committing of an unlawful act, including piracy, cracking or circulation of counterfeit software;
c. send untruthful reports to members of Jenie’s personnel;
d. falsely claim to be an employee or representative of one or more of the following: Jenie, Jenie’s affiliates, or any hotel or other establishment accessible through the Application; or
e. falsely claim an endorsement in connection with the Application or with Jenie.
Additionally, and without limiting Jenie’s rights to take action against You, You shall not:
2.2. copy the Application, except as expressly permitted by this Agreement;
2.3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
2.4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
2.5. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
2.6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
2.7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
2.8. transmit or propagate one or more of the following: any virus, trojan horse, worm, bomb, corrupted file, or similar destructive device or data; or
2.9. be involved in any way in an attack on Jenie’s servers, those of its service providers and partners, or both, including any communication by any means in relation to the Application any spamming chat or disruption of the flow of conversation with repeated postings of a similar nature.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than the right to use the Application in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement. Jenie and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Jenie may use automatic means (including, for example, cookies) to collect information about Your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Application is subject to our https://www.jenie.com/privacy-policy. By downloading, installing, using, and providing information to or through the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services.
5.1. Jenie Content. The Application may provide you with access to Jenie’s website located at https://www.jenie.com (the “Website”) and content, products, and services accessible thereon, and certain features, functionality, and content accessible through the Application may be hosted on the Website (collectively, “Jenie Content”). Your access to and use of Jenie Content is governed by Jenie’s https://www.jenie.com/terms-of-service and https://www.jenie.com/privacy-policy, which are incorporated herein by reference, and may require you to acknowledge your acceptance of our Terms of Use and Privacy Policy, to register with the Website, or both. Failure to do so may restrict You from accessing or using certain of the Application’s features and functionality. Any violation of our Terms of Use will be deemed also a violation of this Agreement.
5.2. Third-Party Content. The Application may display, include, or make available third-party content such as data, information, applications, and other products, services, and materials, or provide links to third-party websites or services all of the foregoing collectively, “Third-Party Content”). Jenie is not responsible for Third-Party Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Jenie does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Content. Third-Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
5.3. User Content. You grant to Jenie a non-exclusive, worldwide, fully paid-up, royalty-free license to use, copy, display, prepare derivative works of, improve, modify, distribute, publish, remove, retain, process, and any of the foregoing for any purpose, any content that You contribute, upload, transmit, or otherwise provide to or through the Application (collectively, “User Content”), in any way now known or in the future discovered, but not to provide such to third parties without your prior written consent. Any User Content that You provide is at your own risk of loss.
By providing User Content, you represent and warrant that You are the author, owner, or are otherwise authorized to contribute the User Content, and that the User Content:
a. is true and accurate;
b. is not confidential;
c. does not violate the license restrictions set forth in Section 2.1 prohibiting offensive content, including nudity, sexually explicit images or content, or language that is unlawful, threatening, abusive, defamatory, disparaging, obscene, profane, or racially, ethnically, or otherwise objectionable; and
d. does not violate any rights, or infringe or misappropriate any intellectual property rights, of any third party.
6. No Commissions. You are not entitled to receive from Jenie any commission, referral fee, or other remuneration, and Jenie is not liable to pay to you any sum whatsoever, in connection with use of the Application by you or anyone acting on your behalf, including any posting of User Content.
6. Geographic Restrictions. The Jenie Content is based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Application or all or some of the Jenie Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
7. Updates. We may in our sole discretion develop and provide updates of the Application, which may include one or more upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Jenie has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate without installing Updates. All Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
8. Term and Termination.
8.1. This Agreement commences when you download the Application and will continue in effect until terminated by you or Jenie as set forth in this Section 8 (the “Term”).
8.2 You may terminate this Agreement by deleting the Application and all copies thereof from Your Device.
8.3 Jenie may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without notice if you violate any of this Agreement’s terms and conditions.
8.4 Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies thereof from Your Device and account. Termination will not limit any of Jenie’s rights or remedies at law or in equity.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, JENIE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, JENIE PROVIDES NO WARRANTY, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OTHER SOFTWARE, APPLICATION, SYSTEM, OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARD, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JENIE, ITS AFFILIATES, AND ANY OF ITS AND THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, WILL NOT HAVE ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR JENIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. No Commissions. No commissions, brokers, finders, or similar fees will be due from or payable by Jenie or its affiliates to You with respect to any transactions contemplated by this Agreement.
12. Indemnification. You agree to indemnify, defend, and hold harmless Jenie and its officers, directors, employees, agents, affiliates, successors, and assigns from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including any content you submit through the Application.
13. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, reexporting, releasing, or otherwise making the Application available outside the US.
14. Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
15. Waiver. A party’s failure or neglect to enforce any of its rights under this Agreement will not be deemed to be a waiver of that or any other of its rights. In any conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will control.
16. Interpretation. Headings in this Agreement and its division into sections and other subdivisions do not affect interpretation. Unless the context requires otherwise, words importing the singular number include the plural and vice versa, and words importing gender include all genders. The words “including” and “includes” mean, respectively, “including without limitation” and “includes without limitation”.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without regard to any conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application may be instituted in the federal courts of the United States or the courts of the State of Oregon. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement and our https://www.jenie.com/privacy-policy state the entire agreement between you and Jenie with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.