JUSTKNOCK™ Terms of Use Agreement

(Last update: October 15, 2021.)

 

 

1. Please Read This:

This Terms of Use Agreement (“Agreement” or “TOU”) is made by and between JustKnock, a California limited liability company, with offices at 4845 Ronson Court, San Diego, CA 92111 (“JustKnock”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER JUSTKNOCK SOFTWARE, SERVICES, WEBSITES OR ANY OF JUSTKNOCK LICENSEES SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND JUSTKNOCK’S PRIVACY NOTICE HERE. IF YOU DO NOT AGREE TO BE BOUND BY THESE AGREEMENTS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

JUSTKNOCK RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN JUSTKNOCK’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE JUSTKNOCK WEBSITE.

 

2. Access to this Site

To access this site or some of the resources it offers, you must provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If JustKnock believes the information you provide is not correct, current, or complete, JustKnock has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

THIS SITE IS NOT INTENDED FOR CHILDREN UNDER 18 YEARS OF AGE. CHILDREN UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO REGISTER WITH JUSTKNOCK. JUSTKNOCK DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 18.

When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others.

 

3. Restrictions on Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of JustKnock’s website(s), you warrant to JustKnock that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site without the express prior written permission of an authorized representative of JustKnock. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with JustKnock to prevent or remedy any unauthorized use. In addition, you may not use JustKnock’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

 

4. Personal and Non-Commercial Use Limitation

JustKnock’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without JustKnock’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to JustKnock’s website(s).

 

5. Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by JustKnock (the “Content”) is the proprietary information of JustKnock or the party that provided or licensed the Content to JustKnock, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of JustKnock, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates JustKnock’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

 

6. Links to Third-Party Websites

This site may link to other sites which are not maintained by, or related to, JustKnock (“Third-Party Provider”). Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or JustKnock. JustKnock has not reviewed any such sites and is not responsible for the content of those sites. Links are accessed at the user’s own risk, and JustKnock makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. JustKnock provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by JustKnock of that site or any association with its operators.

Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of personal information (information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers) (“User Information”) to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. JustKnock does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that JustKnock may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of JustKnock. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other User Information received by the Third-Party Provider in processing a contact or other request form. JustKnock is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

 

7. Use of Services

JustKnock‘s websites may contain mobile applications (“App”), comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community, with a group, or third-party vendors/service providers. As long as you comply with these Terms of Use, JustKnock grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. You agree to use the Services only to post, send and receive messages and content that are proper and related to the particular Service. Users agree to adhere this Terms of Use agreement as well as JustKnock’s Rules of Conduct Agreement, if posted, when using JustKnock’s Services.

To use any available App, you will need a compatible mobile device. JustKnock does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. JustKnock may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

When using the Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity).
  2. Advocates illegal activity or discusses an intent to commit an illegal act.
  3. Is vulgar, obscene, pornographic, or indecent.
  4. Does not pertain directly to this site.
  5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive.
  6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
  7. Harvests or otherwise collects information about others, including e-mail addresses, without their consent.
  8. Violates any law or may be considered to violate any law.
  9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content.
  10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded.
  11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site.
  12. Solicits funds, advertisers or sponsors.
  13. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
  14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  15. Includes MP3 format files.
  16. Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys.
  17. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
  18. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

JustKnock reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. JustKnock reserves the right to terminate your access to any or all the Services at any time without notice for any reason whatsoever. JustKnock also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither JustKnock nor any third party that provides Content to JustKnock will assume or have any liability for any action or inaction by JustKnock or such third party with respect to any submission. JustKnock cautions you against giving out any personally identifying information about yourself or your children in using the Services. JustKnock does not control or endorse all content, messages or information found in the Services and, consequently, JustKnock specifically disclaims any liability with respect to the Services and any actions resulting from your participation in any of the Services. Managers and hosts are not authorized JustKnock spokespersons, and their views do not necessarily reflect those of JustKnock.

 

8. Submissions

You hereby grant to JustKnock the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to JustKnock through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. JustKnock will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future JustKnock operations.

JustKnock will treat any personal information that you submit through this site in accordance with its Privacy Notice.

 

9. Disclaimer

You understand that JustKnock cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. JustKnock does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by JustKnock.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. JUSTKNOCK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JUSTKNOCK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JUSTKNOCK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND JUSTKNOCK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT JUSTKNOCK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. JUSTKNOCK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and JustKnock does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

 

10. Limitation on Liability

JUSTKNOCK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JUSTKNOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JUSTKNOCK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO JUSTKNOCK FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

11. Termination or Restriction of Access

JustKnock reserves the right, in its sole discretion, to terminate your access JustKnock’s websites and the related services or any portion thereof at any time, without notice.

You may terminate your account for any reason at any time by terminating through your account or providing us with notice of your intention to terminate your account.

Once your account is terminated, JustKnock may, in its sole discretion, deleted any files or other content relating to your use of the Services. Following termination, you will not be permitted to use the Services. If JustKnock terminates your services, it reserves the right to exercise whatever means necessary to prevent unauthorized access to the Services.

 

12. Indemnity

You will indemnify and hold JustKnock , its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

13. Trademarks and Copyrights

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation JustKnock™ and all other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of JustKnock, and may not be copied, imitated or used, in whole or in part, without the prior written permission of JustKnock . The rights in any third-party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of JustKnock. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

 

14. Copyright Infringement

Notice and Takedown Procedure

JustKnock expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied on this site in a way that constitutes copyright infringement, you may provide JustKnock’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, JustKnock will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed upon.
  3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable.
  4. Your address, telephone number, and e-mail address.
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for JustKnock to act. All other notices will be ignored.

Designated Agent:

JustKnock’s Designated Agent may be contacted at:

Higgs Fletcher & Mack LLP
401 West A Street, Suite 2600
San Diego, CA 92101.

e-mail: copyrights@higgslaw.com

Counter-Notification Procedure

The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with JustKnock, please provide JustKnock’s Designated Agent (listed above) with the following information (preferably via email):

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. Your name, address, and telephone number.
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located.”
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent.”
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, JustKnock will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that JustKnock will replace the removed material or cease disabling access to it in 10 business days.

Finally, if JustKnock’s Designated Agent then receives notification within 14 days of the counter notification from the person who submitted the original takedown notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on JustKnock’s site, then JustKnock will once again remove the file from its site.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, JustKnock will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

 

15. Arbitration

All disputes arising out of or relating to use of the site or the Terms of Use or your use of the Services will be exclusively resolved under confidential binding arbitration held in San Diego, California, or wherever the Parties may agree, before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted under applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, JustKnock will have the right to seek injunctive or other equitable relief in state of federal court located in San Diego to enforce these terms and prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

 

16. Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). JustKnock will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that JustKnock considers insecure, JustKnock will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, JustKnock reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. JustKnock reserves the right to investigate suspected violations of these Terms of Use.

JustKnock reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing JustKnock to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS JUSTKNOCK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JUSTKNOCK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JUSTKNOCK OR LAW ENFORCEMENT AUTHORITIES.

 

17. Miscellaneous

JustKnock will not be liable for failing to perform according to the Terms and Conditions by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, Internet outage or interruption of service, fire, terrorism, pandemic, natural disaster or war.

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and JustKnock arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Diego County, California.

Class Action Waiver. By agreeing to these Terms of Use and/or accessing the JustKnock site, You hereby irrevocably waive any right you may have to join claims with those of others in the others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the terms of use of this site must be asserted individually.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and JustKnock because of this agreement or use of JustKnock’s website(s).

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between a user and JustKnock with respect to JustKnock’s website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.