Terms of Service

Terms of Service
Last Updated:  07/27/2019 July 27, 2019 12:06 PM
All logos, graphics, sounds, videos that are created and uploaded by JPSHRACER to this site and other sites are licensed are the property of JPSHRACER.
All other logos, graphic, sounds and videos are the property of their respective owners. They are used under permission of their applicable property owners. If possible, the necessary license agreement will be cited.
All other copyrights and trademarks are property of their respective owners. No infringement intended.

Term Definitions
JPSHRACER, JPSHRACER Gaming and catchphrases are copyrights and trademarks of JPSHRACER. All rights reserved. 
“Our” “we”, “us”, “him” and other language that refers to JPSHRACER.
“End user”, “you”, “visitor” and other similar language refers to the end user using the website. Even if this is a group, business or commercial everyone apart of that unit is considered the end user and entered into this contract.

You agree that the individual or individuals accessing the site are the “visitors”. 
This site/application is intended for children over 13 (or the age of majority in your state or country, 19 Alabama, 19 Nebraska or 21 in Mississippi). It may be accessed by children with parental supervision and permission. 
This site/application contains links to products that may be purchased with real United States dollars (currency). Parental supervision is required for under 18 purchasing. 
You agree to provide legal and accurate information on the websites that are App Store links to other websites. You agree to pay legally on those websites. You agree that you are entering into a contract with Apple and Google Application Stores. This business relationship is between you and the company that you are purchasing from. You hold harmless JPSHRACER from any payment issues, availability of product, out of stock, unavailable, incorrect prices and other issues resulting on those third-party websites.
You are that you will use the site and third-party sites legally.

You agree to use the JPSHRACER site for personal or business use. All users will be held to this agreement. Even if they have not personally viewed this agreement. The individual that first views this website will be responsible for informing and ensuring compliance with this website for all related users in a group, company or business relationship.

JPSHRACER does technical support for using the application and website. It is your responsibility to monitor, maintain and provide the equipment, internet service and other applicable fees to access this website, application stores and devices. If JPSHRACER does provide support, it is “AS IS” voluntarily and no warranty is implied. The information is provided to best of the ability under the circumstances.

Account: You agree to the terms of the Apple App Store, Google Play or any other store where JPSHRACER does business and you have an account with and have downloaded our application.
You agree that you are able to purchase and download the application legally through the respective application store. You agree that you will not download our applications to devices that you do not personally own. This includes all business devices. For business and licensing requests please contact JPSHRACER directly.
You agree to not falsely click advertisements including your own if you are licensing advertisements through advertisement networks. You also agree that you will not engage in any illegal activity involving the advertisements either through click fraud, buying fraud, disrupting the advertising networks or any kind of malicious activity.
You agree you will not tamper, disable, prevent, deface, prohibit, erase any advertisements from being viewed either on your own device or someone else’s device where a JPSHRACER application is installed and being played. The only allowed method is by purchasing the “Ad Free” version of the application.
You agree to protect your account with the highest degree of security and confidentiality. You will use a combination of letters, numbers (alpha numeric) and special characters (if the website allows special characters for password creation). Also, if the website allows two form authentication or two step verification we highly recommend using it to protect your account. Regardless, JPSHRACER will not be responsible for ensuring the confidentiality and security of your account should you make it available to other users or improperly secure the login information including not limited to username, password and password recovery information.

You the individual will be responsible for all purchases made under your account. If you are sharing an account with multiple users, the original account creator will be responsible. Even if they are no longer part of the group, organization or company. 

You agree to regularly reviewing the Terms of Service (TOS) and Privacy Policy on a regular basis. There will be a notification banner or similar posting on the homepage alerting to the new Terms of Service and/or Privacy Policy. It will be effective the date it is posted unless otherwise noted. If you do not agree to the agreement you will immediately cease using this website and delete any content, you have stored from this website.

Apple App Store and Google Play store have their own privacy policies. You agree your information is being handled when you visit their store, download our application or make a purchase through Apple, Google either in the application store or in a JPSHRACER application.
JPSHRACER through Google Admob will being collecting advertising statistics to make business decisions about our applications and websites.
JPSHRACER maintains the blog hosted at Blogger. The host parent company is Google. The blog is protected by Secure Sockets Layer (SSL). It is secured by Google. Please contact Google for more information about their security practices.

JPSHRACER has a Secure Sockets Layer (SSL) protection for this website. Please make sure you are at the HTTPS version of the website. We will not be responsible if you are not at that version. There is a $250,000 protection provided by GeoHost protecting this site against defacing, destruction and theft.

JPSHRACER does use Google Analytics to track and monitor this website. Click here to install the Google Analytics Opt Out Extension or use a privacy blocker like Duck Duck Go’s available in the Google Chrome store.
JPSHRACER applications advertisements from companies not associated, affiliated or endorsed by JPSHRACER. Please see the JPSHRACER Privacy Policy in regard to the information collected by Google Admob and other advertising networks.
JPSHRACER applications may feature “Reward Offers” like advertisements or videos in exchange for “in-game” currency. At no time are you required to participate. Your participation is voluntary. Any relationship created by viewing, interacting or purchasing is between you and the company advertisement you are participating with.
We have no association, responsibility or affiliation with the 3rd party websites featured in game advertisements. Unless the advertisement is for JPSHRACER, JPSHRACER Gaming, Cool Fine Art or another listed JPSHRACER affiliate that we will make known ahead of time or noted in the advertisement.
Please be aware that the 3rd party websites and applications are not associated, affiliated or endorsed by JPSHRACER. We do not control their terms of service or privacy policies. Google Admob is our advertisement network. Please see Google Admob Terms of Service and Privacy Policy. The 3rd party advertiser’s terms, privacy policy will differ from ours. They may automatically collect data, personal information, statistics or anything else under the Apple App Store Terms, Google Play Store Terms, Google Admob Terms or with respect to applicable privacy laws. If you have any questions regarding their Terms of Service or Privacy Policy visit their website. JPSHRACER is not responsible for their Terms of Service or Privacy Policy practices as a result of you viewing their ad provided by Google Admob in our application.
If you wish to opt out of advertising please purchase the “Ad Free” version of our applications found in either the Apple App Store, Google Play Store or in the actual game itself. This purchase is bound by the terms of the respective application store and this Terms of Service.

You may create original works including our copyright and trademark content. This includes but is not limited to audio, video, images, photos and other mediums of content. You agree to recognize it belongs to JPSHRACER wherever it is hosted. Attempting to misrepresent it as your own is illegal.
Rules:
No obscene, nudity, sexual or sexual reference including our content.
No explicit language including our content.
No discrimination including our content.
This list may be amended at any time. Upon updated it is instantly effective for the User Generated Content. All infringing content will be reported or taken down.

You agree that you are downloading the applications offered by JPSHRACER for Personal Use Only! Any commercial renting, selling or redistribution is prohibited. Please contact JPSHRACER for a business solution.


You agree to use your account for the blog legally and follow section 2 Your Account.
You agree that JPSHRACER has the ability to delete comments for any reason. If applicable, we will attempt to warn you for violations against the Terms of Service. However, if the severity is warranted you agree we have the absolute ability to delete your comment. JPSHRACER may also file an abuse report with Google about the nature of the comment if it is threating, abusive, illegal against anyone or anything. We are not responsible for the actions Google takes as a result of the abuse report.
You agree that JPSHRACER has the ability to report posts in the Apple App Store and Google Play stores. You hold JPSHRACER harmless for any results arising from these reports.

JPSHRACER  Blogger comments may not include unwarranted explicit language against fellow users or the company on official social media accounts or personal, threats of violence or destruction real and fictitious against property and life, legal and illegal activity not limited to tobacco, alcohol and drugs, any other illegal or circumstantial advantage, hack, discovery of this website or others that takes advantage or creates an unfair advantage. This list will be updated to reflect most unfair advantages and illegal activities.

JPSHRACER and its employees, subdivisions, subsidiaries, affiliates and any one related to JPSHRACER DO NOT MAKE ANY ASSOCIATIONS, AFFILIATIONS, SPONSORSHIPS WITH ANY INDIVIDUAL OR COMPANY UNLESS WRITEN AGREEMENT IS SIGNED. WE DO NOT MAKE ANY AGREEMENTS, REPRESENTATIONS, PROMISES, EXPLICIT OR IMPLIED ABOUT OUR SERVICES. THIS WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AT THE CURRENT CONDITION WHEN ACCESSED.

Most issues can be resolved without legal action. Please contact JPSHRACER first. Using the following contact information:
legal@jpshracergaming.com
JPSHRACER will be following Arbitration according to the American Arbitration Association (AAA). The AAA will apply either Commercial Arbitrations Rules or Consumer Arbitration Rules if you are a business or consumer, respectively. You can get the rules, fees and other information from AAA available at www.adr.org website. Available at the time of this writing specifically at https://www.adr.org/rules link.
However, THE RULES OF THE JPSHRACER  WEBSITE WILL SUPERCEDE IF THERE IS A CONFLICT WITH THE AAA COMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES. 
You agree to waive your rights to a lawsuit or class action lawsuit. Issues will be resolved in small claims court if not possible with arbitration. The location will be convenient for JPSHRACER. If possible JPSHRACER will be live via remote video conferencing. JPSHRACER will not be required to drive to a location which by definition of driving would cause undue stress, anxiety and pressure. You will pay for transportation and time if he is required to show up in person. Even if you win the legal action, you will still be required to pay for his time and transportation.
If either party the end user or JPSHRACER intends to arbitrate, the arbitrating party must notify the other party with reasonable notice under the circumstances. In most cases this is 30 days advance warning unless not technically or legally possible.
JPSHRACER is based in Colorado and therefore governed by the State laws of Colorado. You are subject to the laws and regulations of Colorado, United States in additional to certain laws of your own. However, the laws of the State of Colorado and United States will supersede your own. You will not bring legal action using a foreign government jurisdiction outside the United States.

We may but are not obligated to make a written settlement offer before or during the arbitration. If we offer you a settlement offer and you accept the settlement offer, then the arbitration claim will be closed. You agree to not bring a similar arbitration against us after we have settled.
In all cases you the party suing, or arbitrating will be responsible for all costs associated with a claim. JPSHRACER is not responsible for fees, costs associated with perusing legal action against him.

You agree that any comments, feedback, concepts, ideas, thoughts, suggestions, proposals collectively called Feedback submitted to JPSHRACER unsolicited become the property of JPSHRACER. This “feedback” may be used without notice, obligation, restriction, reimbursement or compensation to you. You agree to waive required compensation of any kind monetary or non-monetary compensation. JPSHRACER may at his discretion voluntary compensate you. However, do not expect compensation.

You are entering this agreement as a United States Citizen. You waive you your rights as a US Government User. You do not have additional rights. If you do not agree, please do not use our products as a Governmental User.

Any Software which is downloaded from the Services for or on behalf of the United States of America, governmental users or employees, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

You agree that are you not a prohibited user on U.S. Watch Lists, Ban Lists or a user from another country that is not authorized to do business with the United States. You agree not to use the JPSHRACER  website and services to contribute, provide, support, resource to any known or unknown legal or illegal activity or terrorist activity homeland or abroad.
Countries known to JPSHRACER  that are explicitly not allowed to do business: Iran, North Korea and any others on the US Sanctions List.
JPSHRACER has the absolute responsibility to provide referrals to the 3rd party companies affiliates to communicate with, research, investigate and terminate any transaction that is deemed suspicious illegal activity or terrorist.

JPSHRACER  has the responsibility to turn over files to law enforcement with served legal requests and warrants. To aid in the investigation of illegal activity originating from our website.

Outside of JPSHRACER Control
You agree that if it is outside of JPSHRACER’s control that you will hold JPSHRACER harmless for the liability. This includes the Internet, Apple, Google, servers, networks, telephone, email. It also includes the destruction of infrastructure due to natural disasters including water, fire, lightning and others. State of Emergency declarations by the government, terrorism, riots, embargoes, tariffs, energy, fuel, labor or any utility or service outside of JPSHRACER’s maintaining and control.

If any of the terms and conditions are null and void, then the remaining sections that are not voided are to remain in effect. The laws of the State of Colorado and United States will remain in effect to enforce this contract.

Terms and Conditions Updated At Any Time
There will be an update posted to the home page of JPSHRACER and a notification in app of updated Terms and Conditions or Privacy Policy when there is a new version available.
These terms and conditions may be updated at any time. They will be effective at the time they are posted. Please check the Last Updated for the time when they were posted. Your use the applications of JPSHRACER, JPSHRACER website or any other site where JPSHRACER has a presence including social media Facebook, Twitter and others agree that you will comply with the terms. Otherwise your rights to use the services will be removed. Any violation constitutes a breach of these terms.

 

Thanks for reading. Be sure to check out the Privacy Policy. Have a great day!

 

Last Updated: Saturday, July 27, 2019 12:06 PM