Terms and Conditions
These Terms of Use (the "Terms") govern your use of Juke software and hardware offered by Juke Audio Inc. ("Juke", "we", or "us"), including the Juke mobile application (the "App"), Juke websites, and any other Juke applications, devices, software, firmware, features, and resources offered by Juke (all of which are collectively referred to as the "Juke System" or "System"), whether offered through traditional Internet websites, third party distributors, or retailers. Please read these Terms carefully. By using the Juke System, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Juke System.
Your use of certain parts of the System may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that part of the System. By using that part of the System, you agree to the Additional Terms.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Juke are resolved, including an agreement to arbitrate, which will require you to submit claims you have against us to binding and final arbitration and limit you to claims against Juke on an individual basis.
Our Privacy Policy explains how we collect, use, and disclose information about you and is incorporated in these Terms by this reference.
1. License Grant; Restrictions; Ownership of Juke's Content
Subject to these Terms, you may download the App and access and use the Juke System. You agree not to (a) use or authorize use of the App, the Juke System, or any information obtained via the Juke System, for any unauthorized purpose, including, without limitation, for the purpose of offering services to third parties that are competitive to the Juke System; (b) copy, transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau, arbitrage or other unauthorized purposes the App, the Juke System, or any portion thereof; or (c) modify, prepare derivative works of, translate, reverse engineer, reverse compile, disassemble the App, the Juke System, or any portion thereof, or attempt to do any of the foregoing.
The content within the Juke System, including without limitation, text, software, scripts, graphics, images, photos, and the like (collectively, the "Content") and the Juke word marks, as well as certain other of the names, logos and materials displayed on or through the Juke System that constitute trademarks, tradenames, service marks, or logos (the "Marks") are owned by Juke or by third parties and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with or circumvent any copyright, trademark, logo, or other proprietary notice associated with the Content.
2. Feedback
You agree that Juke is free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), that you may provide about the App or the System including Feedback that you send to us. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Juke has no duties to you (including any duty to compensate you for your Feedback) with respect to such Feedback.
3. Third-Party Services and Materials
The Juke System enables customers to stream music and audio from third-party services ("Third-Party Services") to various rooms within a residence or establishment. Juke has no control over changes that providers may make to Third-Party Services that may impact or limit the compatibility of the Juke System with such Third-Party Services.
Juke does not guarantee that the Juke System will be or remain compatible with any particular Third-Party Service.
The Juke System may include links to third-party websites and platforms, images, videos, or other resources that are not owned or controlled by Juke ("Third-Party Materials"). Juke's provision of or link to any Third-Party Materials is for your convenience only.
JUKE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT, INFORMATION, SOFTWARE, MATERIALS, ACTS, OMISSIONS, OR PRACTICES OF ANY THIRD-PARTY, INCLUDING FOR ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS.
4. Modifications to the Juke System
Juke reserves the right to modify or discontinue the App or any feature or function of the Juke System with or without notice to you.
5. Warranty and Disclaimers
Juke hardware devices are subject to Juke's returns and warranty policy (the "Warranty").
EXCEPT AS STATED IN THE WARRANTY, THE JUKE SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, JUKE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
JUKE AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS OR BE OR REMAIN COMPATIBLE WITH ANY THIRD-PARTY SERVICE.
JUKE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY FAILURE TO IMPLEMENT ANY BUG FIX OR ERROR CORRECTION MADE AVAILABLE BY JUKE; (II) ANY USE OF THE JUKE SYSTEM IN ANY MANNER FOR WHICH IT WAS NOT INTENDED; OR (III) ANY USE OF THE JUKE SYSTEM WITH OTHER PRODUCTS, HARDWARE, OR SOFTWARE NOT SUPPLIED OR SPECIFIED BY JUKE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JUKE, ITS AFFILIATES, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE JUKE SYSTEM.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JUKE'S (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS) TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (I) US$100.00 AND (II) THE AMOUNTS PAID BY YOU FOR THE APPLICABLE COMPONENT OF THE JUKE SYSTEM GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Juke may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Juke's liability shall be the minimum permitted under such applicable law.
7. Indemnification
You agree to indemnify, defend, and hold harmless Juke, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) your use of the Juke System; or (b) your violation of these Terms or any Additional Terms. Juke reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Juke in asserting any available defenses.
9. Choice of Law; Dispute Resolution; Arbitration
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Juke System or any portion of the Juke System, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Systems, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a "Dispute") shall be solely and exclusively resolved according to the procedures set forth in this section.
Any Dispute that is not resolved through informal means after using good faith efforts to do so, shall be resolved exclusively through binding arbitration in accordance with this paragraph. An arbitration shall be initiated and conducted according to the JAMS/Endispute provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions (the "Arbitration Rules"). If the filing fee for the arbitration exceeds the cost of filing a lawsuit, Juke will pay the additional cost. Any arbitration shall be conducted in Los Angeles County, California. If your access to arbitration is precluded by the location of the arbitration, you and Juke will agree on another location. All arbitrations shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator's decision shall be controlled by these Terms, including any applicable Additional Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
10. International Use
We do not represent or warrant that the Juke System, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the Juke System on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of Juke System, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
11. Miscellaneous
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and Juke and govern your use of the Juke System. Except as expressly provided in these Terms, all notices shall be given in writing, in the English language, and shall be deemed given when personally delivered or when sent by email or three days after being sent by prepaid certified mail or nationally recognized overnight courier to the addresses set forth on the Order Form (for notice to Juke via email at: legal@jukeaudio.com). The failure of Juke to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
12. Modifications to Terms
Juke may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted. Your continued use of the System following any changes to the Terms or the Privacy Policy, will constitute your agreement to be bound by such changes. If you object to any such changes, your only recourse will be to stop using the Juke System.
Opting in via SMS, email, or phone call
By filling out the form will be considered as opting in via SMS, email, or phone call. If you no longer wish to receive text messages, you may opt-out at any time by replying “STOP”
