Last Updated April 02, 2021
You acknowledge that you may access and/or download some Ninjobu Services for free, and while you may purchase a subscription which will unlock additional content options (“Subscriptions”), such Subscriptions are entirely voluntary and not required to participate in or advance within Ninjobu Services. You also acknowledge that you may not access and/or download other Ninjobu Services without executing a separate agreement with Ninjobu which may require you to pay for content or services (“Service Charges”).
2. LIMITED LICENSE, LOGIN INFORMATION, AND YOUR ACCOUNT AND ELIGIBILITY.
Limited License Grant
Login Information and Your Ninjobu Account
You may create an account with us (“Ninjobu Account”) by providing a username and/or email address and a password (“Login Information”). With some Ninjobu Services, we may also allow you to create an account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your Ninjobu Account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, Subscriptions, Service Charges, or other changes to your Ninjobu Account and/or Ninjobu Account status, whether or not authorized by you. Ninjobu will not be responsible for anything that happens through or to your Ninjobu Account and/or Ninjobu Account status as a result of you allowing any third party to access your Login Information and/or Ninjobu Account.
Ninjobu reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
There are limitations on who may download and access Ninjobu Services. You may not download or access Ninjobu Services if you are under 13 years of age. If we learn that a user under 13 years of age is accessing a Ninjobu Service despite this restriction, we will immediately delete their account and all personal information we have related to their account.
4. NO TRANSFER OF ACCOUNTS OR SUBSCRIPTIONS
Unless otherwise specified, your Ninjobu Account is for your personal, non-commercial use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer your Subscription, (4) buy, offer to buy, accept, access or use any other user’s Subscription, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or Subscriptions.
5. INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES
If you provide us with any suggestions for enhancement or feedback regarding Ninjobu Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in Ninjobu Services, without any obligation to compensate you.
6. CODE OF CONDUCT
You agree to comply with the following requirements (our "Code of Conduct") when you access Ninjobu Services:
Failure to comply with this Code of Conduct may result in the suspension of your Ninjobu Account, or any portion of your Ninjobu Account, and/or subject you to any of the penalties identified in Section 11 herein.
7. YOUR INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users with whom you interact through Ninjobu Services you access. Ninjobu reserves the right, but has no obligation, to become involved in any way with any disputes concerning Ninjobu Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation grantingNinjobu access to any portion of your account.
If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release Ninjobu (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
8. USER FEEDBACK
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, Ninjobu Services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Ninjobu collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through Ninjobu Services you access or which is generated, acquired or developed when you download, install, and/or use Ninjobu Services or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of Ninjobu Services or third parties in Ninjobu Services (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support Ninjobu Services and our services.
Ninjobu is not liable for any user data that is lost, stolen, or accidentally exposed to 3rd parties without the user’s permission.
10. SUBSCRIPTIONS; PAYMENTS; OWNERSHIP
Unless otherwise specified, you agree that you have no ownership interest in your Ninjobu Account or any Subscriptions associated with your account. You agree that Subscriptions, are for personal non-commercial purposes, have no independent value outside of Ninjobu Services, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-SERVICE ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
11. TERMINATION AND SUSPENSION
You may terminate your Ninjobu Account at any time, for any reason or no reason, by issuing an in-Service message or by sending an email to firstname.lastname@example.org with the subject entitled “Termination.”
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) Ninjobu Services.
12. DISCLAIMER; LIMITATION OF LIABILITY
NINJOBU SERVICES ARE PROVIDED "AS IS," AND USE OF NINJOBU SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT NINJOBU SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH NINJOBU SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. NINJOBU DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE NINJOBU SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT NINJOBU SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT NINJOBU SERVICES OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR NINJOBU SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR PLATFORM PROVIDERS OR OTHER USERS OF NINJOBU SERVICES.
Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
14. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 14 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 14 notwithstanding Section 15 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 14 APPLIES TO YOU.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at email@example.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS A NINJOBU SERVICE, YOUR USE OF A NINJOBU SERVICE, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your Ninjobu Account for an Ninjobu Service, stop using a Ninjobu Service, or delete an Ninjobu Service application from your mobile or other device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 14, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 15 below:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Los Angeles County, California or the county where you live, or some other place we both agree on, if such claims meet all the requirements to be brought in that court.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party's claims (or counterclaims) are frivolous or the other party's costs are unreasonable.
For EU Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Ninjobu.
Class Action Waiver
For disputes arising between Ninjobu and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF NINJOBU SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 14 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against Ninjobu, you must serve initiating documents on Ninjobu’s registered agent for service of process at: David Lizerbram, David Lizerbram & Associates, 3180 University Avenue, Suite 260, San Diego, California 92104.
Changes to this Section 14
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to: firstname.lastname@example.org.
15. APPLICABLE LAW.
For Users other than EU Users
For claims not required to be arbitrated under Section 14, or in the event the arbitration provision in Section 14 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Los Angeles County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Users
16. OWNERSHIP; TRADEMARKS AND COPYRIGHTS
All rights, title and interest in and to Ninjobu Services (including without limitation any titles, content, computer code, themes, objects, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, in-Service chat transcripts, and recordings) are owned by Ninjobu. Ninjobu reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with Ninjobu Services.
The trademark “Ninjobu,” and the logo associated with the foregoing, are trademarks of Ninjobu and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, "Marks") displayed on or in Ninjobu Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in Ninjobu Services are either our property or the property of third parties and protected by copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
Ninjobu shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ninjobu, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Ninjobu’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
For Australia and New Zealand Users Only:
Upon termination of your account, Ninjobu will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Service Item.
18. CONTACT INFORMATION