<% provide(:title, 'Terms of Service') %>
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<h1>Terms of Service</h1>
<p>Welcome to JamKazam, a service provided by JamKazam, Inc. (“JamKazam”, “we” “our”, or “us”).</p>
<p>These Terms of Service govern your use of jamkazam.com and m.jamkazam.com (together, the “Website”), our mobile and
  desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs (which may also
  be subject to separate API Terms of Service) and other services provided by JamKazam (the “Services”).</p>
<p>These Terms of Service, together with our Privacy Policy, Cookies Policy, and any other terms specifically referred
  to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and JamKazam in
  relation to your use of the Website, Apps and Services (together, the “Platform”).</p>
<p>These Terms of Service are divided into the following sections:</p>

<ul id="terms-toc">
  <li>
    <a href="#acceptance-of-terms-of-service">Acceptance of Terms of Service</a>
    Basically, by using JamKazam you accept our Terms of Service, Privacy Policy, and Cookies Policy and agree to abide
    by them.
  </li>
  <li>
    <a href="#changes-to-terms-of-service">Changes to Terms of Service</a>
    This section explains that our Terms of Service may change from time to time.
  </li>

  <li>
    <a href="#description-of-the-platform">Description of the Platform</a>
    This provides a general description of the Platform, its features and functionality.
  </li>
  <li>
    <a href="#your-jamkazam-account">Your JamKazam Account</a>
    This section explains your responsibilities should you choose to register for a JamKazam account.
  </li>
  <li>
    <a href="#your-use-of-the-platform">Your Use of the Platform</a>
    This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
  </li>
  <li>
    <a href="#your-content">Your Content</a>
    This section deals with ownership of your content, and includes your agreement not to perform, broadcast, record, or
    upload anything that infringes on anyone else’s rights.
  </li>
  <li>
    <a href="#grant-of-license">Grant of License</a>
    This section explains how your content will be used on JamKazam and the permissions that you grant by performing,
    broadcasting, recording, or uploading your content - for example, the right for other users to listen to your
    sessions and recordings.
  </li>
  <li>
    <a href="#representations-and-warranties">Representations and Warranties</a>
    This section includes important promises and guarantees that you give when uploading content to JamKazam - in
    particular, your promise that everything you perform, broadcast, record, upload and share is owned by you and won’t
    infringe anyone else’s rights.
  </li>
  <li>
    <a href="#liability-for-content">Liability for Content</a>
    This section explains that JamKazam is a hosting service and that its users are solely liable for material that they
    perform, broadcast, record, or upload to JamKazam.
  </li>
  <li>
    <a href="#reporting-infringements">Reporting Infringements</a>
    This section explains how to notify us of any content on JamKazam that you believe infringes your copyright or any
    other intellectual property right, or that is offensive, abusive, defamatory or otherwise contrary to our Terms of
    Service.
  </li>
  <li>
    <a href="#third-party-websites-and-services">Third Party Websites and Services</a>
    Through JamKazam you may have access to other websites and services. This section explains that these are separate
    third party services that are not under the control of JamKazam.
  </li>
  <li>
    <a href="#blocking-and-removal-of-content">Blocking and Removal of Content</a>
    This section makes it clear that JamKazam may block or remove content from the Platform.
  </li>
  <li>
    <a href="#repeat-infringers">Repeat Infringers</a>
    Users who repeatedly infringe third party rights or breach our Terms of Service risk having their JamKazam accounts
    suspended or terminated, as explained in this section.
  </li>
  <li>
    <a href="#disclaimer">Disclaimer</a>
    This section explains that JamKazam cannot give any guarantees that the Platform will always be available –
    sometimes even very good technology platforms will have a few problems.
  </li>
  <li>
    <a href="#limitation-of-liability">Limitation of Liability</a>
    This section explains some of those things that JamKazam will not be liable for. Please make sure you read and
    understand this section.
  </li>
  <li>
    <a href="#indemnification">Indemnification</a>
    If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
  </li>
  <li>
    <a href="#data-protection-privacy-and-cookies">Data Protection, Privacy and Cookies</a>
    It is really important to us that you understand how we use your personal information. All information is collected,
    stored and used in accordance with our Privacy Policy, so please make sure that you read and understand that policy.
    Like most other websites, we also use cookies to help us analyze how people use JamKazam, so that we can keep
    improving our service. Our use of cookies is explained in our Cookies Policy. Please note: if you choose not to
    disable cookies within your browser, you will be indicating your consent to our use of cookies as described in our
    Cookies Policy, so please make sure that you read the policy carefully.
  </li>
  <li>
    <a href="#use-of-jamkazam-widgets">Use of JamKazam Widgets</a>
    This section includes a few restrictions on how you can use our widgets – basically, don’t try to use our widgets to
    create a new music or audio streaming service.
  </li>
  <li>
    <a href="#premium-accounts">Premium Accounts</a>
    This section links you to information explaining how to purchase Premium Account subscriptions and how you can
    cancel your subscription purchases in certain circumstances.
  </li>
  <li>
    <a href="#changes-to-the-platform-accounts-and-pricing">Changes to the Platform, Accounts and Pricing</a>
    From time to time, we may need to make some changes to JamKazam. This section explains your rights in this
    situation.
  </li>
  <li>
    <a href="#termination">Termination</a>
    This section explains how you can terminate your JamKazam account, and the grounds on which we can terminate your
    use of JamKazam.
  </li>
  <li>
    <a href="#assignment-to-third-parties">Assignment to Third Parties</a>
    This section deals with JamKazam’s right to transfer this agreement to someone else.
  </li>
  <li>
    <a href="#severability">Severability</a>
    This is a standard legal provision, which says that any term that is not valid will be removed from the agreement
    without affecting the validity of the rest of the agreement.
  </li>
  <li>
    <a href="#entire-agreement">Entire Agreement</a>
    Your use of JamKazam is governed by these Terms of Service, our Privacy Policy, and Cookies Policy. Any changes need
    to be made in writing.
  </li>
  <li>
    <a href="#third-party-rights">Third Party Rights</a>
    These Terms of Service apply to the relationship between you and JamKazam only.
  </li>
  <li>
    <a href="#applicable-law-and-jurisdiction">Applicable Law and Jurisdiction</a>
    All of our documents are generally governed by the laws of the State of Texas in the United States.
  </li>
  <li>
    <a href="#disclosures">Disclosures</a>
    This section provides information about JamKazam, including how to contact us.
  </li>
</ul>

<h2 id="acceptance-of-terms-of-service">Acceptance of Terms of Service</h2>
<p>
  Please read these Terms of Service, our <%= link_to "Privacy Policy", corp_privacy_path %>
  , and <%= link_to "Cookies Policy", corp_cookie_policy_path %> carefully. If you do not agree to any of
  the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing
  or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any
  information or content from or to the Platform, you represent and warrant that you have read and understood the Terms
  of Service, <%= link_to "Privacy Policy", corp_privacy_path %>, and <%= link_to "Cookies Policy", corp_cookie_policy_path %>,
  will abide by them, and that you are either 18 years of age or more,
  or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.
</p>

<h2 id="changes-to-terms-of-service">Changes to Terms of Service</h2>
<p>
  We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of
  last modification is stated at the end of these Terms of Service. It is your responsibility to check this page from
  time to time for updates.
</p>
<p>
  When we make any updates to these Terms of Service, we will highlight this fact on the Website. In addition, if you
  register an account and these Terms of Service are subsequently changed in any material respect (for example, for
  security, legal, or regulatory reasons), we will notify you in advance by sending a message to your JamKazam account
  and/or an email to the email address that you have provided to us, and the revised Terms of Service will become
  effective six (6) weeks after such notification. You will have no obligation to continue using the Platform following
  any such notification, but if you do not terminate your account as described in
  the <a href="#termination">Termination</a> section below during such six (6) week period, your continued use of the
  Platform after the end of that six (6) week period will constitute your acceptance of the revised Terms of Service.
</p>

<h2 id="description-of-the-platform">Description of the Platform</h2>
<p>The Platform is a hosting service. Registered users of the Platform may submit, upload and post text, photos,
  pictures, comments, and other content, data or information, and may perform, stream, broadcast, and record musical
  pieces (“Content”), which will be broadcast, stored, displayed and/or played by JamKazam at the direction of such
  registered users, and may be shared and distributed by such registered users, and other users of the Platform, using
  the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The
  Platform also enables registered users to interact with one another and to contribute to discussions, and enables any
  user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen
  to and share Content uploaded and otherwise made available by registered users.</p>
<p>We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or
  introduce other services and/or features for the Platform. Any new services and features will be subject to these
  Terms of Service as well as any additional terms of service that we may release for those specific services or
  features.</p>

<h2 id="your-jamkazam-account">Your JamKazam Account</h2>
<p>You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only
  available to registered users.</p>
<p>When you register to use the Platform, you will provide us with your name, email address, instruments played, and
  will choose a password for your account. You must ensure that the email address that you provide is, and remains,
  valid. Your email address and any other information you choose to provide about yourself will be treated in accordance
  with our <%= link_to "Privacy Policy", corp_privacy_path %>.</p>
<p>You are solely responsible for maintaining the confidentiality and security of your password, and you will remain
  responsible for all use of your password, and all activity emanating from your account, whether or not such activity
  was authorized by you.</p>
<p>If your password is lost or stolen, or if you believe that your account has been accessed by unauthorized third
  parties, you are advised to notify JamKazam in writing, and should change your password at the earliest possible
  opportunity.</p>
<p>We reserve the right to, with or without prior notice, suspend or terminate your account if activities occur on that
  account which, in our sole discretion, would or might constitute a violation of these Terms of Service, or an
  infringement or violation of the rights of any third party, or of any applicable laws or regulations.</p>
<p>You may terminate your account at any time as described in the <a href="#termination">Termination</a> section below.
</p>


<h2 id="your-use-of-the-platform">Your Use of the Platform</h2>
<p>Subject to your strict compliance with these Terms of Service, JamKazam grants you a limited, personal,
  non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view
  Content uploaded and posted to the Platform, to listen to audio Content streamed from the Platform and to share and
  download audio Content using the features of the Platform where the appropriate functionality has been enabled by the
  user who uploaded or created the relevant audio Content (the “Uploader”).</p>
<p>In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Service,
  JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and
  license to:</p>
<p>(i) participate in sessions, make recordings, and submit, upload or post other Content to the Platform strictly as
  permitted in accordance with these Terms of Service and any other applicable terms posted on the Website and Apps from
  time to time;</p>
<p>(ii) participate in the community areas and communicate with other members of the JamKazam community strictly in
  accordance with these Terms of Service; and</p>
<p>(iii) use our Apps and other Services provided as part of the Platform strictly as permitted in accordance with these
  Terms of Service and any other terms applicable to those Apps or Services from time to time.</p>
<p>The above licenses are conditional upon your strict compliance with these Terms of Service, including, without
  limitation, the following:</p>
<p>(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any
  part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to
  permit downloads of the relevant item of Content.</p>
<p>(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform,
  transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such
  Content is Your Content, or (ii) as permitted under these Terms of Service, and within the parameters set by the
  Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).</p>
<p>(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content
  service or that replicates any part of the Platform offering.</p>
<p>(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of
  any Content.</p>
<p>(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent
  the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without
  limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register
  accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post
  comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive
  fashion. You must not offer or promote the availability of any such techniques or services to any other users of the
  Platform.</p>
<p>(vi) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal
  notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your
  Content).</p>
<p>(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of
  the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or
  object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism
  or access any rights management information pertaining to Content other than Your Content.</p>
<p>(viii) You must not use the Platform to perform, record, upload, post, store, transmit, display, copy, distribute,
  promote, make available or otherwise communicate to the public:</p>
<ul>
  <li>any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or
    culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of
    race, gender, religion or sexual orientation, or is otherwise objectionable in JamKazam’s reasonable discretion;
  </li>
  <li>any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of
    third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity,
    confidential information or any other right;
  </li>
  <li>any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is
    illegal or unlawful in JamKazam’s reasonable opinion;
  </li>
  <li>any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or
    other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or
    networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's
    use and enjoyment of the Platform; or
  </li>
  <li>any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.</li>
</ul>
<p>(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a
  criminal offense, give rise to civil liability or otherwise violate any law or regulation.</p>
<p>(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not
  prevent you from including links from Your Content to any legitimate online download store from where any item of Your
  Content may be purchased.</p>
<p>(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a
  person or entity, for example, by registering an account in the name of another person or company, or sending messages
  or making comments using the name of another person.</p>
<p>(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any JamKazam employee.</p>
<p>(xiii) You must not use or attempt to use another person's account, password, or other information, unless you have
  express permission from that other person.</p>
<p>(xiv) You must not sell or transfer, or offer to sell or transfer, any JamKazam account to any third party without
  the prior written approval of JamKazam.</p>
<p>(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users,
  including without limitation, through spidering or any form of scraping.</p>
<p>(xvi) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by
  JamKazam or any Uploader; access or attempt to access data or materials which are not intended for your use; log into,
  or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the
  vulnerability of JamKazam’s servers, system or network or attempt to breach JamKazam’s data security or authentication
  procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking
  JamKazam’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any
  other rights or remedies of JamKazam under these Terms of Service, JamKazam reserves the right to investigate any
  situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate
  law enforcement authorities in prosecuting any users who have participated in any such violations.</p>
<p>You agree to comply with the above conditions, and acknowledge and agree that JamKazam has the right, in its sole
  discretion, to terminate your account or take such other action as we see fit if you breach any of the above
  conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting
  offending users to the relevant authorities.</p>

<h2 id="your-content">Your Content</h2>
<p>Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you
  perform, record, upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your
  Content") is generated, owned and controlled solely by you, and not by JamKazam.</p>
<p>JamKazam does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that
  Your Content remains your sole responsibility.</p>
<p>Without prejudice to the conditions set forth in <a href="#your-use-of-the-platform">Your Use of the Platform</a> you
  must not perform, record, upload, store, distribute, send, transmit, display, make available or otherwise communicate
  to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of
  copyright protected material within Your Content (including by way of reproduction, distribution, modification,
  adaptation, public display, public performance, preparation of derivative works, making available or otherwise
  communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly
  prohibited. Any such infringements may result in termination of your access to the Platform as described in
  the <a href="#repeat-infringers">Repeat Infringers</a> section below, and may also result in civil litigation or
  criminal prosecution by or on behalf of the relevant rights holder.</p>
<p>We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such
  circumstances, any feedback you provide will be deemed non-confidential and JamKazam shall have the right, but not the
  obligation, to use such feedback on an unrestricted basis.</p>


<h2 id="grant-of-license">Grant of License</h2>
<p>By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform, you initiate an
  automated system to process any such Content, including but not limited to audio, graphic, and textual Content, and
  direct JamKazam to store Your Content on our servers, from where you may control and authorize the use, reproduction,
  transmission, distribution, public display, public performance, making available and other communication to the public
  of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for JamKazam
  to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms
  of Service and/or to enable your use of the Platform, you hereby grant such licenses to JamKazam on a limited,
  worldwide, non-exclusive, royalty-free and fully paid basis.</p>
<p>By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform, you also grant
  a limited, worldwide, non-exclusive, royalty-free, fully paid up license to other users of the Platform, and to
  operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded
  using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display,
  publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public,
  Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the
  Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and
  to users of Linked Services, at any time using the settings available in the account features of the Website and Apps,
  subject to the provisions of the <a href="#disclaimer">Disclaimer</a> section below. Notwithstanding the foregoing,
  nothing in these Terms of Service grants any rights to any other user of the Platform with respect to any proprietary
  name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture)
  (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public
  those Marks, automatically and without alteration, as part of the act of reposting Content with which you have
  associated those Marks.</p>
<p>The licenses granted in this section are granted separately with respect to each item of Your Content that you upload
  to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to
  the following paragraph of these Terms of Service) terminate automatically when you remove such Content from your
  account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and
  irrevocable, and will continue notwithstanding any termination of your account. However, notwithstanding the
  foregoing, you hereby acknowledge that any of Your Content that was created and stored on the Platform in conjunction
  with other users of the Platform, including but not limited to sessions and recordings, may be maintained on the
  Platform until and unless all other users who participated in the creation of such Content also take action to remove
  such Content from their accounts. (For purposes of clarity, the reason for this is that otherwise one user could, for
  example, force the removal of a musical recording made with multiple other users when those other users do not want
  the recording removed.)</p>
<p>Removal of audio Content from your account will automatically result in the disassociation of such Content from your
  account, but it will not result in the deletion of the relevant files from JamKazam’s systems and servers until or
  unless all other users who participated in the creation of such audio Content also request removal of such Content.
  Notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked
  Service, JamKazam is not obligated to ensure the deletion of Your Content from any servers or systems operated by the
  operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of
  Your Content.</p>
<p>Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright,
  trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced,
  distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise
  communicated to the public or exploited for any purposes except via the features of the Platform from time to time and
  within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where
  you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights
  whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are
  reserved to the relevant Uploader.</p>

<h2 id="representations-and-warranties">Representations and Warranties</h2>
<p>You hereby represent and warrant to JamKazam as follows:</p>
<p>(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights,
  licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize JamKazam to
  use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce,
  store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to
  the public Your Content, and each and every part thereof, on, through or via the Website, Apps, any and all Services
  and any Linked Services.</p>
<p>(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights
  of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of
  privacy or publicity, or rights in confidential information.</p>
<p>(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons
  appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to
  publish the same on the Platform and via any Linked Services.</p>
<p>(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful,
  offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive,
  indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion
  or sexual orientation.</p>
<p>(v) Your Content does not and will not create any liability on the part of JamKazam, its subsidiaries, affiliates,
  successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.</p>
<p>JamKazam reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue
  all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties,
  or otherwise infringes another person's rights or violates any law, rule or regulation.</p>

<h2 id="liability-for-content">Liability for Content</h2>
<p>You hereby acknowledge and agree that JamKazam (i) stores Content and other information at the direction, request and
  with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the performance, recording,
  uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the
  presentation or use of the Content. You are solely responsible for all of Your Content that you perform, record,
  upload, post or distribute to, on or through the Platform, and to the extent permissible by law, JamKazam excludes all
  liability with respect to all Content (including Your Content) and the activities of its users with respect
  thereto.</p>
<p>You hereby acknowledge and agree that JamKazam cannot and does not review the Content created or uploaded by its
  users, and neither JamKazam nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors,
  officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for
  Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been performed,
  recorded, entered, or uploaded in breach of these Terms of Service or applicable law.</p>
<p>JamKazam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and
  shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any
  Content performed, recorded, entered, or uploaded to the Platform by users, including, but not limited to, any claims
  for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to
  publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness,
  accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you
  irrevocably waive the right to assert any claim with respect to any of the foregoing against JamKazam or any of its
  subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.</p>


<h2 id="reporting-infringements">Reporting Infringements</h2>
<p>If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using
  the method described below:</p>
<p>Your notice should be sent to us by email
  to <a rel="external" href="mailto:copyright@jamkazam.com">copyright@jamkazam.com.</a></p>
<p>Please make sure that you include the following information</p>
<ul>
  <li>a statement that you have identified Content on JamKazam that infringes your copyright or the copyright of a third
    party on whose behalf you are entitled to act;
  </li>
  <li>a description of the copyright work(s) that you claim have been infringed;</li>
  <li>a description of the Content that you claim is infringing and the JamKazam URL(s) where such Content can be
    located;
  </li>
  <li>your full name, address and telephone number, and a valid email address at which you can be reliably and promptly
    contacted;
  </li>
  <li>a statement by you that you have a good faith belief that the disputed use of the material is not authorized by
    the copyright owner, its agent, or the law; and
  </li>
  <li>a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of
    the owner of the exclusive right that is allegedly infringed.
  </li>
</ul>
<p>In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital
  Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:</p>
<ul>
  <li>with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that
    is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
  </li>
  <li>your electronic or physical signature (which may be a scanned copy).</li>
</ul>
<p>
  The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of
  your trademark rights, please report this to us by email at
  <a rel="external" href="mailto:trademarks@jamkazam.com">trademarks@jamkazam.com</a>. In all other cases, if you
  discover Content that infringes any or violates any of your other rights, which you believe is defamatory,
  pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation,
  harassment, spam or otherwise violates these Terms of Service or applicable law, please
  report this to us at <a rel="external" href="mailto:legal@jamkazazm.com">legal@jamkazam.com</a>.
</p>


<h2 id="third-party-websites-and-services">Third Party Websites and Services</h2>
<p>The Platform may provide you with access to third party websites, databases, networks, servers, information,
  software, programs, systems, directories, applications, products or services, including without limitation, Linked
  Services (hereinafter “External Services”).</p>
<p>JamKazam does not have or maintain any control over External Services, and is not and cannot be responsible for their
  content, operation or use. By linking or otherwise providing access to any External Services, JamKazam does not give
  any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or
  authenticity of content, information or services provided by such External Services.</p>
<p>External Services may have their own Terms of Service and/or privacy policy, and may have different practices and
  requirements to those operated by JamKazam with respect to the Platform. You are solely responsible for reviewing any
  Terms of Service, privacy policy or other terms governing your use of these External Services, which you use at your
  own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction,
  financial or otherwise, and whether online or offline, with any third party related to any External Services.</p>
<p>You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External
  Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
  content and material that may be included on or may emanate from any External Services.</p>
<p>JamKazam disclaims any and all responsibility or liability for any harm resulting from your use of External Services,
  and you hereby irrevocably waive any claim against JamKazam with respect to the content or operation of any External
  Services.</p>

<h2 id="blocking-and-removal-of-content">Blocking and Removal of Content</h2>
<p>Notwithstanding the fact that JamKazam has no legal obligation to monitor the Content on the Platform, JamKazam
  reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content,
  for any reason and without liability, including without limitation, if we have reason to believe that such Content
  does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Service
  or applicable law, or is otherwise unacceptable to JamKazam.</p>
<p>Please also note that individual Uploaders have control over the audio Content that they store in their account from
  time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued
  access to any particular item of Content and JamKazam shall have no liability in the event that you are unable to
  access an item of Content due to its removal from the Platform, whether by JamKazam or the relevant Uploader.</p>

<h2 id="repeat-infringers">Repeat Infringers</h2>
<p>JamKazam will suspend or terminate your access to the Platform if JamKazam determines, in its reasonable discretion,
  that you have repeatedly breached these Terms of Service.</p>
<p>If we receive a valid notification from a third party in accordance with our reporting processes or applicable law
  that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your
  behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any
  user that receives more than one of these warnings is liable to have their access to the Platform terminated
  forthwith.</p>
<p>We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other
  appropriate circumstances, as determined by JamKazam at its discretion.</p>
<p>Please note we do not offer refunds to Premium Account holders whose accounts are terminated as a result of repeated
  infringement of these Terms of Service.</p>

<h2 id="disclaimer">Disclaimer</h2>
<p>THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR
  VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.</p>
<p>WHILE JAMKAZAM USES COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS
  PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, JAMKAZAM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR
  WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR
  PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. JAMKAZAM DOES NOT WARRANT THAT YOUR USE
  OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
  PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE
  OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAMKAZAM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE
  PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR
  DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS
  LAWFUL IN ANY PARTICULAR JURISDICTION.</p>
<p>JAMKAZAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS,
  DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES
  NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR
  IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE,
  THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.</p>

<h2 id="limitation-of-liability">Limitation of Liability</h2>
<p>IN NO EVENT SHALL JAMKAZAM’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 US DOLLARS OR
  THE AMOUNTS (IF ANY) PAID BY YOU TO JAMKAZAM DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO
  THE CLAIM.</p>
<p>JAMKAZAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS,
  DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:</p>
<ul>
  <li>
    <p>ANY LOSS OR DAMAGE ARISING FROM:</p>

    <p>(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY
      EXTERNAL SERVICES VIA THE PLATFORM;</p>

    <p>(B) ANY CHANGES THAT JAMKAZAM MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT
      SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;</p>

    <p>(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH
      THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN
      INVESTIGATION BY JAMKAZAM OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;</p>

    <p>(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY
      CONTENT OR ANY INFORMATION RELATING TO CONTENT;</p>

    <p>(E) YOUR FAILURE TO PROVIDE JAMKAZAM WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR PASSWORD
      SUITABLY CONFIDENTIAL;</p>
  </li>
  <li>
    <p>ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS
      OR DAMAGE FROM ANY SECURITY BREACH; AND/OR</p></li>

  <li><p>ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF JAMKAZAM BREACHING THESE
    TERMS OF SERVICE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND JAMKAZAM AT THE TIME YOU AGREE
    TO THESE TERMS OF SERVICE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.</p></li>
</ul>
<p>ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO JAMKAZAM AS
  SOON AS POSSIBLE.</p>
<p>APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
  ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS
  AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JAMKAZAM AND ARE FUNDAMENTAL ELEMENTS
  OF THE BARGAIN BETWEEN YOU AND JAMKAZAM, AND THAT JAMKAZAM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
  BY LAW.</p>
<p>NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THE LIABILITY OF JAMKAZAM, ITS SUBSIDIARIES, SUCCESSORS,
  ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL
  INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY
  OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.</p>

<h2 id="indemnification">Indemnification</h2>
<p>You hereby agree to indemnify, defend and hold harmless JamKazam, its successors, assigns, affiliates, agents,
  directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses,
  expenses, and costs, including reasonable attorneys' fees, resulting from:</p>
<p>(i) any violation by you of these Terms of Service;</p>
<p>(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy
  arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the
  Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with
  these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;</p>
<p>(iii) any activity related to your account, be it by you or by any other person accessing your account with or
  without your consent unless such activity was caused by the act or default of JamKazam.</p>

<h2 id="data-protection-privacy-and-cookies">Data Protection, Privacy and Cookies</h2>
<p>All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and
  disclosed by JamKazam in accordance with our  <%= link_to "Privacy Policy", corp_privacy_path %>. In addition, in common
  with most online services, we use cookies to help us understand how people are using the Platform, so that we can
  continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies
  Policy. By accepting these Terms of Service and using the Platform, you also accept the terms of
  the <%= link_to "Privacy Policy", corp_privacy_path %> and our <%= link_to "Cookies Policy", corp_cookie_policy_path %>.</p>

<h2 id="use-of-jamkazam-widgets">Use of JamKazam Widgets</h2>
<p>The Platform includes access to embeddable JamKazam services (“Widgets”) for incorporation into users’ own sites,
  third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable
  Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute
  Content within the parameters set by the Uploader.</p>
<p>You may not, without the prior written consent of JamKazam, use the Widgets in such a way that you aggregate Content
  from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises
  a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior
  written consent of JamKazam, use the Widgets to embed Content into any website or other destination dedicated to a
  particular artist (except where the relevant Content is Your Content and you are the person or are authorized to
  represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the
  Widgets in any way that suggests that JamKazam or any artist, audio creator or other third party endorses or supports
  your website, or your use of the Widgets. The foregoing shall apply whether such use is commercial or
  non-commercial.</p>
<p>JamKazam reserves the right to block your use of the Widgets at any time and for any reason in its sole
  discretion.</p>

<h2 id="premium-accounts">Premium Accounts</h2>
<p>Certain features of the Platform are only available to registered users who subscribe for a paid premium account
  (“Premium Account”).</p>
<p>The purchase of a Premium Account subscription is subject to additional terms, which you will
  find <%= link_to "here", corp_premium_accounts_path %>. These terms include, among other things, terms relating to payment,
  the conclusion and renewal of your subscription contract, your right of cancellation during the first 14 days of your
  subscription, and certain technical usage limitations.</p>
<p>These additional terms are applicable to Premium Account users in addition to these general Terms of Service.</p>

<h2 id="changes-to-the-platform-accounts-and-pricing">Changes to the Platform, Accounts and Pricing</h2>
<p>JamKazam reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing
  access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to
  individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or
  cessation of access, JamKazam shall use commercially reasonable efforts to notify registered users of such decision in
  advance.</p>
<p>You hereby agree that JamKazam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors,
  officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the
  Website, Apps and/or any Services that JamKazam may wish to make from time to time, or for any decision to suspend,
  discontinue or terminate the Website, Apps, or Services or any part or parts thereof, or your possibility to use or
  access the same from or within any territory or territories.</p>
<p>JamKazam may change the features of any type of account, may withdraw or introduce new features, products or types of
  account at any time and for any reason, and may change the prices charged for any of its Premium Accounts from time to
  time. In the event of any increase in the price or material reduction in the features of any Premium Account to which
  you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any
  subsequent renewal of your subscription. In all other cases, where JamKazam proposes to make changes to any type of
  account to which you subscribe (Premium Account or otherwise), and these changes are material and to your
  disadvantage, JamKazam will notify you of the proposed changes by sending a message to your JamKazam account and/or an
  email to the then current email address that we have for your account four (4) weeks in advance or such changes. You
  will have no obligation to continue using the Platform following any such notification, but if you do not terminate
  your account as described in the <a href="#termination">Termination</a> section below during such four (4) week
  period, your continued use of your account after the end of that four (4) week period will constitute your acceptance
  of the changes to your account.</p>

<h2 id="termination">Termination</h2>
<p>You may terminate this Agreement at any time by sending notice of such termination by email to
  <a rel="external" href="mailto:termination@jamkazam.com">termination@jamkazam.com</a>, by removing all of Your Content
  from your account, by deleting your account, and thereafter by ceasing to use the Platform. If you have a Premium
  Account and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any
  unexpired period of your subscription.</p>
<p>JamKazam may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to
  be a <a href="#repeat-infringers">Repeat Infringer</a> as described above; (ii) you are in breach of any of the
  material provision of these Terms of Service, including without limitation, the provisions of the following sections: <a href="#your-use-of-the-platform">Your
  Use of the Platform</a>, <a href="#your-content">Your Content</a>, <a href="#grant-of-license">Grant of License</a>,
  and <a href="#representations-and-warranties">Your Representations and Warranties</a>; (iii) JamKazam elects at its
  discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are
  attempting to access the Platform, or (iv) in other reasonable circumstances as determined by JamKazam at its
  discretion. If you have a Premium Account and your account is suspended or terminated by JamKazam pursuant to (i) or
  (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is
  terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of JamKazam.</p>
<p>Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from
  your account will be irretrievably deleted by JamKazam, except to the extent that we are obliged or permitted to
  retain such content, data or information for a certain period of time in accordance with applicable laws and
  regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that
  you have uploaded to your account before terminating your account, as JamKazam assumes no liability for any material
  that is irretrievably deleted following any termination of your account. JamKazam is not able to provide you with any
  .csv or other similar file of data relating to activity associated with your account, whether before or after
  termination or cancellation. This data is provided and is accessible only for viewing via your account page on the
  Website and Apps for as long as your account is active.</p>
<p>If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that
  app will not delete your account. If you wish to delete your account, you will need to do so by sending an email
  requesting account deletion to <a rel="external" href="mailto:support@jamkazam.com">support@jamkazam.com</a>.</p>
<p>The provisions of these Terms of Service that are intended by their nature to survive the termination or cancellation
  of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections
  entitled <a href="#your-jamkazam-account">Your JamKazam Account</a>, <a href="#your-content">Your
  Content</a>, <a href="#grant-of-license">Grant of License</a> , <a href="#representations-and-warranties">Representations
  and Warranties</a>, <a href="#liability-for-content">Liability for Content</a>, <a href="#disclaimer">Disclaimer</a>,
  <a href="#limitation-of-liability">Limitation of
    Liability</a>, <a href="#indemnification">Indemnification</a>, <a href="#termination">Termination</a>, <a href="#assignment-to-third-parties">Assignment to Third
  Parties</a>, <a href="#severability">Severability</a>, <a href="#entire-agreement">Entire Agreement</a>,
  and <a href="#applicable-law-and-jurisdiction">Applicable Law and Jurisdiction</a>, respectively.</p>

<h2 id="assignment-to-third-parties">Assignment to Third Parties</h2>
<p>JamKazam may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in
  part, to any third party at any time without notice, including without limitation, to any person or entity acquiring
  all or substantially all of the assets or business of JamKazam. You may not assign this Agreement or the rights and
  duties hereunder, in whole or in part, to any third party without the prior written consent of JamKazam.</p>

<h2 id="severability">Severability</h2>
<p>Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such
  provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining
  provisions of the Terms of Service, which will remain in full force and effect.</p>

<h2 id="entire-agreement">Entire Agreement</h2>
<p>These Terms of Service, together with the <%= link_to "Privacy Policy", corp_privacy_path %>
   and <%= link_to "Cookies Policy", corp_cookie_policy_path %>, constitute the entire agreement between you and JamKazam
  with respect to your use of the Platform (other than any use of JamKazam’s APIs which may also be subject to separate
  API Terms of Service), and supersede any prior agreement between you and JamKazam. Any modifications to this Agreement
  must be made in writing.</p>


<h2 id="third-party-rights">Third Party Rights</h2>
<p>These Terms of Service are not intended to give rights to anyone except you and JamKazam. This does not affect our
  right to transfer our rights or obligations to a third party as described in
  the <a href="#assignment-to-third-parties">Assignment to Third Parties</a> section.</p>

<h2 id="applicable-law-and-jurisdiction">Applicable Law and Jurisdiction</h2>
<p>Except where otherwise required by the mandatory law of the United States or any member state of the European Union,
  you agree, and JamKazam agrees, that this Agreement shall be construed in accordance with and governed by the laws of
  the State of Texas without regard to choice of law or conflict of laws principles (both domestic and international)
  and without regard to the application of that law known as the United Nations Convention on Contracts for the
  International Sale of Goods (CISG). Notwithstanding the foregoing, you agree, and JamKazam agrees, that any litigation
  regarding this Agreement shall take place in the courts located in Travis County, Texas, and all parties consent to
  personal jurisdiction in the federal and state courts located in Travis County, Texas for the resolution of any such
  issues or disputes.</p>
<p>The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which JamKazam
  seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by JamKazam or
  any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable
  relief against JamKazam, including with respect to Your Content, and your only remedy shall be for monetary damages,
  subject to the limitations of liability set forth in these Terms of Service.</p>

<h2 id="disclosures">Disclosures</h2>
<p>The services hereunder are offered by JamKazam, Inc., a Delaware corporation and with its main place of business at
  5813 Lookout Mountain Drive, Austin TX 78731. You may contact us by sending correspondence to the foregoing address or
  by emailing us at info@jamkazam.com.</p>

<br/>
<p>Last Amended: 1 August 2013</p>
