Judg.it

Conditions

The JUDG Application (hereinafter referred to as “the JUDG App”) is an original concept developed and offered by Judg Inc S.A., a company under the Luxembourg laws registered with the Luxembourg trade and companies register (RCSL) under number B195158, and with the email address contact@judg.it (hereinafter referred to as “JUDG”).

The following JUDG Terms of Use (hereinafter referred to as the “Terms of Use”) apply to and govern your use of the JUDG App and of the JUDG Service.

1. Presentation of The JUDG App & Service

The JUDG App provides an original concept allowing you to experience social interactions by sharing and getting feedbacks on your content and by accessing and judging the other users’ content through our platform.

The JUDG App contains different tabs allowing you to operate different actions: a “Feed” tab (a), an “Explore” tab (b) a “Publish” tab (c), an “Activity” tab (d), a “Profile” tab (e), a “Shop” tab (f) and a “Judg the world” tab (g).

a) The “Feed” tab:

This tab displays the Content (as defined below) published by friends and followed users and allows you to judge the said Content (via the attribution of a rating from 0 to 10) and to comment it.

b) The “Explore” tab:

This tab allows you to search other users by their account name or by their popularity in the game. It also allows you to search Content (as defined below) using hashtags or relevant categories, or by users’ popularity, or by content’s popularity. The popularity is calculated on the other users’ ratings granted to the uploaded Content.

c) The “Publish” tab:

This tab allows you take a photograph (or a short video or write a text) with your device camera or upload a picture (or a short video) from the gallery of your device (hereinafter referred to as “the Picture”).

The JUDG App also allows you to select a pre-defined category, which the Picture belongs to, add a personal text to the Picture (including hashtags), add a filter, crop or cut the Picture, add a legend to the Picture. The JUDG App also allows you to add a location to the Picture.

The material resulting is hereinafter referred to as “the Content”.

The Content is uploaded on JUDG’s platform and becomes public and accessible for the other users of the JUDG App and/or Services.

You may publish the Content through the JUDG App, and through other social sharing media such as Facebook and Twitter.

d) The “Activity” tab:

This tab allows you to view all actions related to you and/or your Content, but also new friends and followers, rating assigned to your Content by other users, comments of your Content by other users, in addition to your friends' actions in the JUDG App and more.

e) The “Profile” tab:

As each user, you have a personal profile page on which your basic information is located, and containing your progress in the App. and the Content you uploaded and published trough the JUDG App. and/or Service. Your Profile tab also displays your friends and followers.

You are assigned a score equivalent to the average of the ratings assigned to the Content that you uploaded. The ratings are included in a scale of 0 to 10.

f) The “Shop” tab:

This tab allows you to acquire a license on Virtual Money and/or Virtual Goods, as described hereunder in point 5.

g) The “Judg the world” tab:

This tab allows you to choose a category of contents in which you are particularly interested and to judge and comment randomly displayed Contents defined by their uploader as belonging to the chosen category.

“The JUDG Service” or “the Service” refers to the making accessible of the JUDG platform through the use of the JUDG App. so as to allow the actions as described above.

2. Acceptance of the JUDG Terms of Use

By downloading and/or installing the JUDG App and/or by using the JUDG Service (including by the upload and/or the publishing of the Content trough the JUDG Service), you acknowledge that you fully understand the Terms of Use and accept to be bound by these Terms of Use.

If you do not agree to be bound by these Terms of Use, you shall not access or use the JUDG App or the JUDG Service and you will immediately uninstall your JUDG App from your device.

The JUDG App and/or Service are neither a toy nor a medical device and shall never be used to such purposes.

3. Eligibility

The JUDG App and the JUDG Service are intended for persons being at least 17 years old. Any use of the JUDG App and the JUDG Service under the age of 17 is prohibited. You represent and warrant that you are at least 17 years old.

4. Account

You can connect either via an account linked to an email address or via your Facebook account.

You hereby agree that you must take all the necessary precautions to protect and keep secret your account information (account name and password). This includes that you shall not give such information to anyone else nor allow anyone else to use your account information. In the contrary event, you accept the entire liability for any related consequence (including any purchases made through your account) and you agree to compensate JUDG for any harm, which may result from your failure to comply with the present obligation. JUDG will not be responsible for any loss or harm related to an unauthorized access to your account.

JUDG reserves the right to delete your account if it remains inactive for 365 or more days. In such event, you will no longer be able to use any Virtual Money/Virtual Goods associated with your account and no refund shall be offered to you by JUDG. In addition, you agree that if your account is deleted conform to the present Terms of use (by you or by JUDG), you will lose your access to the data related to your account. This includes the level or score you had reached in the JUDG App. and the Virtual Money/Virtual Goods associated with your account.

5. Virtual Money and Virtual Goods

The JUDG App includes virtual currencies under the form of Bananas ("Virtual Money") or items for use with the App ("Virtual Goods"), such as an eraser (the “Eraser”), which all constitute an integral part of the JUDG App.

The Eraser allows you to erase negative ratings, which were attributed to your Content by the other users. It is the only way to erase such ratings, which are normally permanently saved even if the Content is deleted by you.

You agree that neither the Virtual Money nor the Virtual Goods may be exchanged for real money or real goods and/or services from JUDG or from any thirds.

You acknowledge that you do not have any property right on the Virtual Money or Virtual Goods. You only own a personal, limited, revocable license to use the said Virtual Money and Goods through the JUDG App.

Such license on Virtual Money may be acquired through the accomplishment of specific missions defined by JUDG or via the payment of a royalty fee.

Such In-App payments are intended for persons being at least 18 years old. Any in-app payment through the JUDG App and the JUDG Service under the age of 18 is prohibited. In case you would operate said in-app purchases, you represent and warrant that you are at least 18 years old.

You agree that payment for licenses for Virtual Money and/or Virtual Goods is definitive and non-refundable. If you live in the European Union please be aware that when you purchase a license to use Virtual Money and/or Virtual Goods from JUDG, the execution of the JUDG services begins at the same time your payment is complete. Therefore, the existing right to withdraw from distance purchases under European Law is lost at this point.

In the event JUDG suspends or terminates your account, you will lose any Virtual Money and Virtual Goods related to your account and JUDG will not compensate you for this loss or refund it to you.

If you live in the European Union, JUDG may provide you with a VAT invoice (in an electronic format) where JUDG is required to do so by the applicable law.

JUDG reserves the right to regulate, modify, control, or delete any Virtual Money or Virtual Goods at its sole discretion and without any liability to you.

6. Picture and/or Content

As far as, the Picture and the Content are your exclusive property and the related Intellectual property rights remain yours.

Nevertheless, you hereby agree to grant a royalty-free, non-exclusive, worldwide, limited, license to JUDG, for the whole duration of the applicable intellectual property right, for the use of the Content in order to allow JUDG to provide you the JUDG Service.

When you capture a picture or upload a picture from your device gallery, and/or when you upload a Content, the original resolution and format of your picture and/or Content may be modified by JUDG, at its own discretion.

You equally agree to grant a royalty-free, non-exclusive, worldwide, limited, license to JUDG, for the whole duration of the applicable intellectual property right, in order to allow JUDG to use the Picture and/or the Content, edited or altered as JUDG so choose and combined with any other materials JUDG so choose, in various advertising, marketing, promotional and other materials which may be used in any and all manner, venue and media, including the internet, for purposes of advertising and trade, including its display in the Explore tab and in the Judg the world tab.

7. User’s conduct

You agree not to use the JUDG App and/or the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights (including intellectual property rights) of any person (including legal persons and physical persons, and in particular minors) or group, or breaching the public order or public morals.

In particular, you shall not send obscene, discriminatory, abusive, violent, offensive, unlawful, hateful, defamatory, slanderous, inappropriate, pornographic or sexually suggestive pictures and/or Content trough the JUDG App and/or the JUDG Service.

JUDG is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal use by any person against you. JUDG will not be responsible for the Content uploaded and your use the JUDG App and the Service is at your own risk. You agree that your Content may be commented and judged by the other JUDG App and/or Service users, in particular through the attribution of a note on a scale from 0 to 10. JUDG will not be responsible for the comments and notes given by the other users and your use the JUDG App and the Service is at your own risk.

However, if you notice that the Content uploaded by another user infringes your rights (including intellectual property rights and Image rights) or those of anyone else, you can notice this violation to JUDG by using the “report” button placed under the Content. You may be asked to specify the nature of the alleged violation of rights.

Once noticed, JUDG will take all reasonably necessary steps to take down the infringing Content.

8. Intellectual property rights of JUDG

The JUDG App (including its display and logos) is copyrighted and JUDG is a registered Trademark. JUDG exclusively owns all rights on the App and on the Service, including all associated intellectual property rights.

Subject to the terms and conditions herein, JUDG hereby grants you a limited, non-exclusive, worldwide, revocable, personal, non-transferable and non-sublicenseable license to use the JUDG App for a period of 3 years as from the date of registration of your account. Such period is subject to an automatic renewal for a period of 1 year, beginning at the end of the said period of 3 years or of the previous renewal period of 1 year. You hereby warrant that you will refrain from any violation of the intellectual property rights of JUDG.

You also warrant that you will not rent, lease, loan, sell, distribute the JUDG App and will not modify, decompile, reverse engineer, disassemble, attempt to derive the source code or to create derivate applications based on the JUDG App.

9. Advertising

The JUDG App may be supported by advertising revenue and may display advertisements and promotions. You hereby agree that JUDG may place such advertising and promotions on the JUDG App display, without previous notice and without your authorization. You agree not to claim any remuneration in barter to the aforementioned given authorization.

We reserve the right to contact any company or individual using Judg for advertisement purposes in order to discuss related terms and conditions and to settle a fair agreement. Excessive advertisement will be considered as a violation of these Terms of Use and JUDG will have the right, at its sole discretion and without any prior notice, to suspend or disable your account and to revoke your license according to article 13 of the Terms of Use.

10. Processing of Personal Data

10.1. General statement

JUDG will only collect and process your personal data in accordance with the present Terms of Use.

The aforementioned personal data are all the data relating to you (as an identified or identifiable individual) such as for example e-mail addresses, geographical localization or pictures, device ID, IP-address, user names and passwords, billing information which you would introduce during your use of the JUDG App and/or Service (the “Personal Data”).

This section describes how JUDG handles your Personal Data collected through the JUDG App. and Service. By accessing and/or using the JUDG App and/or Service (including the purchase of license on Virtual Money and Virtual Goods), you agree that JUDG will collect, process, use and share your Personal Data in accordance with the present Terms of Use.

In the event you do not agree on the said JUDG’s Terms of Use, you should not access and/or use the JUDG App and/or Service.

10.2. Personal Data that JUDG collects

Personal Data collected about you may include:

- General identification and contact information enabling JUDG to provide the Service: Your name; e-mail; telephone details; gender; date of birth; account name and passwords; activity records; user content (e.g. photos, Judgs or comments); information resulting from your registration with a third-party social media, or any communications between you and Judg.

- Cookies and comparable technologies: When you are using the Service, JUDG may use cookies or comparable technologies to collect information.

- Log file information: Each time you request an access to a web page or an app, log file information is reported by your browser.

- Financial information and account details: Payment card number; bank account number and account details; and other financial information. Such data are collected only in the event of the purchase of a license on Virtual Money or Virtual Goods.

- Finding your friends on JUDG: you have the possibility to find your friends either through (i) your contacts lists (ii) a search of names and account names (iii) other third-party social media. Consequently, JUDG might access your contacts lists or receive information provided by the third-party social media. Such information will be governed by this Privacy Policy.

- Analytics: Judg might collect and use information resulting from analytics tools provided by third-parties to measure usage trends or traffic for the Service.

JUDG does not process any sensitive data.

10.3. How and for which purposes we use your personal data

We may use your Personal Data to:

- Communicate with you and other users.

- Send you important information regarding changes to the Terms of use.

- Make decisions about whether to provide you the Service.

- Carry out market research and analysis, including satisfaction surveys.

- Provide marketing information to you (including information about other products and services offered by selected third-party partners) in accordance with preferences you have expressed (“Direct Marketing”).

- Personalize your experience on the JUDG App. by presenting information tailored to you.

- Identify you to anyone to whom you interact through the App and/or Service (likes, comment, attribution of a rating, etc.).

- Resolve complaints, and handle requests for data access or correction.

- Manage our infrastructure and business operations, and comply with internal policies and procedures, including those relating to auditing; finance and accounting; billing and collections; IT systems; data and website hosting; business continuity; and records, document and print management.

- Comply with applicable laws and regulatory obligations (including laws outside your country of residence), such as those relating to anti-money laundering and anti-terrorism; comply with legal process; and respond to requests from public and governmental authorities (including those outside your country of residence).

- Establish and defend legal rights; protect our operations or those of any of our group companies, our rights, privacy, safety or property, and/or that of our group companies, you or others; and pursue available remedies or limit our damages.

You can oppose to the process of your Personal Data for Direct Marketing by sending an e-mail to support@judg.company or writing to JUDG to the following address: 70 Val-Sainte-Croix, L-1370 Luxembourg.

10.4. Security

JUDG will take appropriate technical, physical, legal and organizational measures, which are consistent with applicable privacy and data security laws. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Data you might have with us has been compromised), please immediately notify us by e-mail or by writing to JUDG.

When JUDG provides Personal Data to a service provider, the service provider will be selected carefully and required to use appropriate measures to protect the confidentiality and security of the Personal Data. If such service provider resides outside the EU, we take the necessary measures to ensure that the data are transferred in compliance with the applicable law and the European Data Protection Directive.

10.5. Retention of Personal Data

JUDG will retain Personal Data for the period necessary to fulfill the purposes outlined in this Section unless a longer retention period is required or permitted by law.

One of our purposes when processing your Personal Data is to gather information in order to provide you with the JUDG Service. When becoming a user of the JUDG App and/or Service, you agree that we keep your data at least until you decide to delete your JUDG account.

10.6. Access and correction requests

You have the right to access, correct, object to the use of, or request deletion or suppression of Personal Data on certain grounds. Please send an e-mail or write to JUDG with any such requests or if you have any questions or concerns about how we process Personal Data. * E-mail : support@judg.comany

* Address: 70 Val-Sainte-Croix, L-1370 Luxembourg

Please note that some Personal Data may be exempt from access, correction, objection, deletion or suppression rights in accordance with local privacy and data protection laws.

10.7. Your responsibility as data controller

When using the JUDG App. and Services, you will also process personal data (yours or those of third parties, such as your friends, your family, other users, etc.) (hereinafter referred to as “Your Data Processing”).

You hereby confirm that you understand the nature and the extent of Your Data Processing, which is carried on and implied by your use of the JUDG App. and/or Service and that you decide to use the App and/or the Service to this end on your own behalf and for your own benefit.

Hence, you are considered the controller of Your Data Processing, that is to say the person who determines the purposes and means of Your Data Processing. In the framework of Your Data Processing, we are only a subcontractor who processes personal data on your behalf, according to the present terms and conditions. You declare, represent and accept that you will entirely respect the legislations and regulations that apply to Your Personal Processing.

11. Image Right and Privacy of thirds

You confirm that you will always use the JUDG App and/or Service in the respect of the Image rights and privacy rights of the physical persons represented in the picture and in the Content.

You also confirm that you obtained the consent of any physical person concerned by your use of the JUDG App and/or Service after having them informed on the nature, the functioning and the purposes of your use of the JUDG App and/or Service and on the data and pictures processed.

12. Sharing through social sharing media

The JUDG App and the JUDG Service set out the possibility for you to share the Content directly via a personal social sharing media account such as Facebook or Twitter.

By sharing the original image and the Content via the aforementioned social sharing media, you agree and warrant that you will respect the terms and conditions (including Privacy Policy and Cookies Policy) of each social sharing media you will use.

Such terms and conditions may be found at the following URL directions:

- Regarding Facebook: http://www.facebook.com/policies/ http://www.facebook.com/help/cookies/ https://www.facebook.com/policy.php

- Regarding Twitter: http://twitter.com/tos http://twitter.com/privacy

The previous URL directions may be subject to modifications. In such case, you are responsible to find the relevant terms and conditions (including Privacy Policy and Cookies Policy) by your own means.

You must in any case consult the aforementioned terms and conditions (including Privacy Policy and Cookies Policy) before sharing the Content via any social sharing media.

If you use the JUDG App and/or Service and agree to allow the JUDG App and/or Service to interact with a social sharing media such as Facebook or Twitter, you are giving JUDG the permission to use your email address and the necessary personal data that this social sharing media shares with us and that will allow us to identify you.

If you do not agree to these practices you should not allow the JUDG App to interact with another social sharing media.

13. Violation of the Terms of Use & Indemnification

In case of violation of these Terms of Use, JUDG will have the right, at its sole discretion and without any prior notice, to suspend or disable your account and to revoke your license.

Furthermore, you hereby agree and warrant to defend, indemnify and hold JUDG harmless from and against any claims, loss, damages, and expenses resulting from any violation of these Terms of Use or other activity related to the JUDG App and/or Service.

14. Disclaimer

To the maximum extent authorized under the applicable law, and given that they are provided on a royalty-free basis, the JUDG App, its license, and the JUDG Service are provided “AS IS”, without any warranty. JUDG disclaims any warranty that the app and/or the Service will meet your personal requirements and will be available on an error-free, secured or uninterrupted basis.

JUDG gives no warranty regarding the quality of the Content obtained through the use of the App and the Service.

You are solely responsible for all your actions and communications with other persons with whom you interact via the use of the JUDG App and/or Service.

15. Liability

TO THE MAXIMUM EXTENT AUTHORIZED UNDER THE LAW, AND GIVEN THAT THE JUDG App. AND SERVICE (INCLUDING THE RELATED “VIRTUAL MONEY” (BANANAS) AND “VIRTUAL GOODS”) ARE PROVIDED ON A ROYALTY-FREE BASIS, JUDG WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF THE JUDG APP AND/OR SERVICE.

JUDG WILL NOT BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT ARISING FROM YOUR USE OF THE JUDG APP AND/OR SERVICE.

JUDG WILL NOT BE LIABLE FOR THE UNAVAILABILITY OF THE JUDG APP DUE TO SCHEDULED MAINTENANCE OR UPGRADES, EMERGENCY REPAIRS, OR TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT THAT ARE BEYOND THE CONTROL OF JUDG.

YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE JUDG APP IS AT YOUR SOLE RISK AND LIABILITY.

IN ADDITION TO THE LIABILITY AND WARRANTY LIMITATIONS AS SET FORTH ABOVE, IN ANY CIRCUMSTANCES, JUDG’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE JUDG APP, WHICH CANNOT OTHERWISE BE EXCLUDED BY LAW, WILL NOT EXCEED THE GREATER OF I) 50 EUR OR II) ANY AMOUNTS PAID BY YOU TO JUDG FOR THE PAST SIX MONTHS OF THE SERVICE.

16. Modification of the Terms of Use & Notice to user

You are aware that these Terms of Use may be subject to some modifications, at JUDG sole discretion. In such case, JUDG will notice you the aforementioned modifications.

Notices of such modifications will be communicated to you directly at the beginning of the JUDG App interface.

You will have to agree on the new Terms of Use to further may use the JUDG App and Service.

17. Transfer

You shall not assign or transfer the Terms of Use without JUDG prior written consent. In case of assignment or transfer with the aforementioned prior consent, the Terms of Use will automatically apply to the subject of the assignment or transfer.

18. Entire Agreement

The JUDG Terms of Use constitute the entire and exclusive understanding and agreement between you and JUDG regarding the JUDG App and the JUDG Service.

The Terms of Use supersede and replace any prior understanding or agreement between you and JUDG regarding the JUDG App and the JUDG Service.

19. Applicable law & Dispute resolution

These Terms of Use are subject to and governed by the Luxembourgian law.

To the maximum extent authorized under the law, any dispute relating to these Terms of Use are subject to the exclusive jurisdiction of the Luxembourg courts.