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Policies updated

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web/app/views/corps/cookie_policy.html.erb
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@ -6,14 +6,34 @@
<p>This Cookies Policy forms part of our general Privacy Policy. You can read the full Privacy
Policy <%= link_to "here", corp_privacy_path %>.</p>
<p>In common with most other websites, we use cookies and similar technologies to help us understand how people use
JamKazam so that we can keep improving our Platform. We have created this Cookies Policy to provide you with clear and
JamKazam so that we can keep improving our Platform. We use
cookies for all or any of the following purposes:</p>
<ul>
<li>To store information so that you will not have to re-enter it during your visit or the next
time you visit the Platform.</li>
<li>To deliver custom, personalized content and information.</li>
<li>Identify you when you access, visit, or log-in to the Platform.</li>
<li>To note the different areas of the Platform which have recently been accessed through
your computer.</li>
<li>Monitoring the effectiveness of any promotions or marketing campaigns by JamKazam.</li>
<li>Tracking your entries, submissions, and status in promotions, sweepstakes, and contests.</li>
<li>Improving the content of the Platform and conducting various other diagnostics to
improve the Platform.</li>
<li>Analyzing and improving Platform security</li>
</ul>
<p>We have created this Cookies Policy to provide you with clear and
explicit information about the technologies that we use on JamKazam, and your choices when it comes to these
technologies.</p>
<h2>Consent to Cookies and Similar Technologies</h2>
<p>If you choose to use the Platform without blocking or disabling cookies or opting out of other technologies, you will
indicate your consent to our use of these cookies and other technologies and to our use (in accordance with this
policy and the rest of our Privacy Policy) of any personal information that we collect using these technologies. If
you do not consent to the use of these technologies, please be sure to block or disable cookies using your browser
settings and/or the settings within our mobile apps.</p>
settings and/or the settings within our Apps. But, please note that if you choose to erase or block
cookies, you will need to re-enter your information to gain access to certain parts of the Platform
and may not be able to access other parts of the Platform (see the “Cookie Controls” section
below).</p>
<h2>What are cookies?</h2>
<p>Cookies are small text files that are placed on your computer by websites that you visit. These text files can be
@ -37,10 +57,9 @@
<p>Google Analytics and Google Web Optimizer are services provided by Google, Inc. (“Google”). Google Analytics uses
cookies to help us analyze how users use our website, our mobile site, our Apps, and any JamKazam widgets embedded on
third party sites. Google Web Optimizer uses the same cookies to measure how different users respond to different
content. The information generated by these cookies (including your truncated IP address) is transmitted to and stored
by Google on servers in the United States. Google will use this information for the purpose of evaluating your, and
other users’, use of our website, mobile site, Apps, and JamKazam widgets, compiling reports for us on website
activity and providing other services relating to website activity and Internet usage. Please note that Google only
content. Google will use this information for the purpose of evaluating your and
other users’ use of our Platform, compiling reports for us on Platform
activity and providing other services relating to Platform activity and Internet usage. Please note that Google only
receives your truncated IP address. This is sufficient for Google to identify (approximately) the country from which
you are visiting our sites or accessing our players, but is not sufficient to identify you, or your computer or mobile
device, individually.</p>
@ -56,29 +75,20 @@
our email newsletters. These clear GIFs tell us whether you opened the newsletter, clicked on any of the content or
forwarded the newsletter to someone else. This provides us with useful information regarding the effectiveness of our
email newsletters, which we can use to ensure that we are delivering information that is relevant to our users.</p>
<p>Support: We work with Desk.com, a subsidiary of Salesforce.com, (“Desk.com”) to provide support to our users, and we
use Desk.com’s identity integration to automate our users’ access to Desk.com support accounts, so that you do not
have to set up separate accounts for JamKazam support services.
Click <a rel="external" href="http://www.desk.com/privacy">here</a> to review Desk.com’s privacy policy.</p>
<h2>Cookie Controls</h2>
<p>You can use the settings within your browser to control the cookies that are set on your computer or mobile device.
However, please be aware that cookies are important to many aspects for the Platform – if you set your browser to
reject cookies, you may not be able to enjoy all of the features of the Platform. To find out how to see what cookies
reject cookies, you may not be able to enjoy all of the features of the Platform. Also, please note that the Platform may not respond to “do not track”
signals from browsers. Thus, your selection of the “do not track” option provided by your
browser may not have any effect on our collection of cookie information for analytic and internal
purposes. To find out how to see what cookies
have been set and how to reject and delete cookies, please
visit <a rel="external" href="http://www.aboutcookies.org">http://www.aboutcookies.org</a>.</p>
<p>To opt-out of analysis by Google Analytics on our website and other websites, please visit
<a rel="external" href="http://tools.google.com/dlpage/gaoptout">http://tools.google.com/dlpage/gaoptout</a>.</p>
<h2>Consent to Cookies and Similar Technologies</h2>
<p>We have done our best to provide you with clear and comprehensive information about our use of cookies and similar
technologies. If you choose to use the Platform without blocking or disabling cookies or opting out of these
technologies (as described above), you will indicate your consent to our use of these cookies and other technologies
and to our use (in accordance with this policy and our Privacy Policy) of any personal information that we collect
using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable
them using your browser settings, and/or choose not to use the JamKazam service.</p>
<br/>
<p>Effective Date: 1 August 2013</p>
<p>Effective Date: September 30, 2020</p>

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web/app/views/corps/privacy.html.erb
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@ -8,7 +8,7 @@
<p>Your privacy is important to us. This Privacy Policy explains how we collect, store, use and disclose your personal
information when you use jamkazam.com and m.jamkazam.com (together, the “Website”), our mobile and desktop apps (the
"Apps") and all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by
JamKazam (the “Services”).</p>
JamKazam (the “Services”), as well as any personal information that you provide us, including through email.</p>
<p>This Privacy Policy explains the following:</p>
@ -30,7 +30,14 @@
<p>
By using the Website, the Apps or any of the Services, and in particular by registering a JamKazam account, you are
consenting to the use of your personal information in the manner set out in this Privacy Policy.
expressly consenting to the collection, use and disclosure of your personal information in the manner set out in this Privacy Policy.
This Privacy Policy is
incorporated into and subject to the Terms of Service (“Terms”), available here. Please take
some time to read this Privacy Policy (including the Cookies Policy), and make sure that you
find our use and disclosure of your personal information to be acceptable. If you do not agree to
any of the provisions of this Privacy Policy, you should not use the Website, the Apps or any of
the Services. If you have any questions or concerns, you can contact us
at  <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.
</p>
<p>
@ -39,23 +46,20 @@
and whenever we refer to the Privacy Policy, we are referring to the Privacy Policy incorporating the Cookies Policy.
</p>
<p>
Please take some time to read this Privacy Policy (including the Cookies Policy), and make sure that you find our use
and disclosure of your personal information to be acceptable.
</p>
<p>
If you do not agree to any of the provisions of this Privacy Policy, you should not use the Website, the Apps or any
of the Services. If you have any questions or concerns, you can contact us
at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.
</p>
<p>
Please note that this Privacy Policy only applies to the Website, the Apps and the Services (together, the
“Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable
you to share information with other websites, apps and services. JamKazam is not responsible for the privacy practices
“Platform”) and your provision of personal information to us by other means such
as email. When using the Platform, you may find links to other websites, apps and services, or tools that enable
you to share information with other websites, apps and services. For example,
you acknowledge that your access of any links to social media features on the Platform (e.g.,
links to Facebook, Instagram, Twitter, etc.) is governed by the terms of use and privacy policies
of the companies providing such social media features. JamKazam is not responsible for the privacy practices
of these other websites, apps and services and we recommend that you review the privacy policies of each of these
websites, apps or services before connecting your JamKazam account or sharing any personal information.
websites, apps or services before connecting your JamKazam account or sharing any personal information. The fact that a link to a third-party
website, app or service exists on the Platform does not mean that it operates under the same or
similar privacy practices as set forth in this Privacy Policy. The policies and procedures we
describe in this Privacy Policy do not apply to third-party websites, apps or services, and you
access them at your own risk.
</p>
<h2 id="principles">Our Principles</h2>
@ -72,7 +76,7 @@
<h3>You should have full control over your data</h3>
<p>
We’ve designed the Platform to give you control over the information you publish and share using JamKazam and other
We’ve designed the Platform to give you control over the information you publish and share using the Platform and other
sites and services to which you connect your JamKazam account. Please take full advantage of these tools and make sure
you only share what you want to share.
</p>
@ -107,16 +111,21 @@
or amended by you at any time. For more information, see the <a href="#choice-and-control">Choice and Control</a> section
below.</p>
</li>
<li>Information from Correspondence: You will provide certain personal information if you contact us by email, use any
<li>Information from Correspondence: You may provide certain personal information if you contact us by email, use any
of the webforms on the Website, or contact us by mail, fax or other offline means.
</li>
<li>Survey Information: If you participate in any survey, you will provide certain personal information as part of
<li>Survey Information: If you participate in any survey, you may provide certain personal information as part of
your response, unless you respond anonymously.
</li>
<li>Information that you post: You may provide personal information when you create or participate in sessions, make
recordings, live broadcast sessions, post comments, participate on the support forums, or contribute to community
discussions.
</li>
<li>
Information from Sign-Ups or Opt-Ins: You may provide personal information such as
name and email address if you sign up for any publications, blogs, or newsletters that we
provide you, or on other sign-up or opt-in pages of the Platform.
</li>
</ul>
@ -140,7 +149,9 @@
</li>
<li>any search terms that you may enter on the Platform</li>
<li>the time, frequency and duration of your visits to the Platform</li>
<li>your browser type and operating system</li>
<li>your browser type and operating system (or, if you are accessing the Platform via a
mobile device, your mobile device unique number and mobile software and hardware
information)</li>
<li>the nature of the device from which you are accessing the Platform, for example, whether you are accessing the
Platform from a personal computer or from a mobile device
</li>
@ -161,10 +172,10 @@
<p>This information is collected by Facebook and is provided to us under the terms
of <a rel="external" href="https://www.facebook.com/about/privacy/">Facebook’s privacy policy</a>. You can control the
information that we receive from Facebook using the privacy settings in your Facebook account.</p>
<p>If you sign up to JamKazam using Facebook, your JamKazam account will be connected automatically to your Facebook
account, and information regarding your activity on JamKazam, specifically any new sessions you create or join, any
<p>If you sign up to the Platform using Facebook, your JamKazam account will be connected automatically to your Facebook
account, and information regarding your activity on the Platform, specifically any new sessions you create or join, any
recordings you make, and any new favorites you save will be shared with Facebook and will be published in your
timeline and your Facebook friends’ newsfeeds. If you do not wish to share your JamKazam activity with your Facebook
timeline and your Facebook friends’ newsfeeds. If you do not wish to share your Platform activity with your Facebook
friends, you can control this from your account settings on the Website and Apps – for more information, see
the <a href="#choice-and-control">Choice and Control</a> section below. If you signed up using Facebook by mistake,
you can delete your account by emailing a request to do so to us
@ -176,23 +187,33 @@
<li>Your email address and password are used to identify you when you log into the Platform.</li>
<li>Any additional information that you provide as part of your public profile, such as your real name, and links to
your website and other social media profiles (but not your email address), will be published on your profile page.
This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or
This information will be publicly accessible and may be viewed by anyone accessing the Website or Apps, or using our API or
other Services. Please bear this in mind when considering whether to provide any additional information about
yourself.
</li>
<li>If you subscribe to a premium account, your name, address and payment verification information will be used to
process your account subscription and to collect your payment. All payment verification information is transmitted
using industry-standard SSL (Secure Socket Layer) encryption. JamKazam also complies with the Payment Card Industry
using industry-standard SSL (Secure Socket Layer) encryption. This information is provided directly to third
party payment processors, and JamKazam does not store this information on its servers or
computer systems. JamKazam also complies with the Payment Card Industry
Security Standards.
</li>
<li>
If you purchase any JamTracks (as defined in the Terms of Service), then our third party
payment processor may process personal financial information such as name, phone
number, address, postal code, and credit card information for the purpose of completing
your purchase of such JamTracks. This information is provided directly to third party
payment processors, and JamKazam does not store this information on its servers or
computer systems.
</li>
<li>Your email address will be used to send you service updates and notifications regarding your account, and
newsletters, marketing messages and certain email notifications from JamKazam.
</li>
<li>If you are a Facebook user, and one of your Facebook friends registers for a JamKazam account, we will suggest to
your Facebook friend that you might be someone they may wish to connect with as a friend or follow on JamKazam.
your Facebook friend that you might be someone they may wish to connect with as a friend or follow on the Platform.
</li>
<li>If you are a Facebook user and sign up using Facebook, we may also use the information we receive about you from
Facebook to suggest users that you may wish to connect with as a friend or follow on JamKazam. It will be up to you
Facebook to suggest users that you may wish to connect with as a friend or follow on the Platform. It will be up to you
if you choose to connect with or follow these users and you can disconnect or unfollow them at any time.
</li>
</ul>
@ -216,16 +237,16 @@
recordings.
</li>
<li>To analyze the use of the Platform, and the people visiting the Website and using the Apps and Services, in order
to improve JamKazam.
to improve the Platform.
</li>
<li>To respond to you about any comment or inquiry you have submitted.</li>
<li>To customize your use of the Platform and/or the content of any email newsletter or other material that we may
send to you from time to time.
</li>
<li>To prevent or take action against activities that are, or may be, in breach of
our <%= link_to "Terms of Service", corp_terms_path %> or applicable law.
our <%= link_to "Terms of Service", corp_terms_path %>, this Privacy Policy, or applicable law.
</li>
<li>For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the
<li>For other purposes, provided we disclose this to you at the relevant time, and provided that you consent to the
proposed use of your personal information.
</li>
</ul>
@ -243,18 +264,21 @@
that they can track the popularity of their sessions and recordings. Similarly, if you comment on any sessions or
recordings on the Platform, your comments will be available to all users of the Platform.
</li>
<li>With your consent: We will disclose your personal information if you have explicitly agreed that we may do so. We
<li>With your consent: We will disclose and share your personal information if you have explicitly agreed that we may do so. We
will make this clear to you at the point at which we collect your information.
</li>
<li>Service Providers: We use certain reputable third parties, some of whom may be located outside of the United
States, to provide us with certain specialized services related to the Platform. These third parties will have
access to certain information about you, but only where this is necessary in order for those third parties to
provide their services to us. Where we transfer personal information to these third parties, we ask and require
provide their services to us. Where we transfer personal information to these third parties, we use commercially reasonable efforts to require
these third parties to implement appropriate organizational and technical security measures to protect against
unauthorized disclosure of personal information, and only to process personal information in accordance with our
instructions and to the extent necessary to provide their services to us.
instructions and to the extent necessary to provide their services to us. However, since
we do not control third party service providers, we make no representations or warranties
about the acts or omissions of third party service providers, including whether such
parties will always keep information confidential.
</li>
<li>Users of our API: JamKazam has an open API, which enables application developers to integrate elements of the
<li>Users of our API: The Platform has an API, which may enable application developers to integrate elements of the
Platform into exciting new apps. Some of these developers may be located outside of the United States. Any personal
information that you choose to make public on the Platform, including your public profile information and any public
sessions and recordings, may be accessible to these developers. Please bear this in mind when deciding what
@ -263,7 +287,7 @@
</li>
<li>Other networks and connected apps: If you choose to connect your JamKazam account to other apps or social networks
such as Facebook, Google+, or Twitter, you will be sharing certain information with these apps or networks. In the
case of Facebook, Google+, or Twitter, any new public sessions or recordings that you participate in on JamKazam or
case of Facebook, Google+, or Twitter, any new public sessions or recordings that you participate in on the Platform or
any new favorites you save will be shared to those networks and will be visible to your followers and friends on
those networks. JamKazam is not responsible for these other apps or networks, so please make sure you only connect
your account with apps or services that you trust. For information on how to control the information that your
@ -276,7 +300,10 @@
contact information, or anything that could be used to identify you individually, either online or in real life.
</li>
<li>If required by law: We will disclose your personal information if we believe in good faith that we are permitted
or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
or required to do so by law, including in response to a court order, subpoena or other legal demand or request (including requests from law enforcement).
We also may disclose personal information if we believe it is necessary to investigate,
prevent or take action regarding illegal activities, suspected fraud, or situations involving
potential threats to the physical safety of any person.
</li>
<li>To protect our interests: We may disclose your personal information if we feel this is necessary in order to
protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders,
@ -284,7 +311,11 @@
</li>
<li>In the context of a business transfer: We may transfer your personal information to any person or company that
acquires all or substantially all of the assets or business of JamKazam, or on a merger of our business, or in the
event of our insolvency.
event of our insolvency. We make
no guarantee as to whether any entity purchasing JamKazam’s assets or business, or
merging with JamKazam, will treat your information in the same manner as is disclosed
in this Privacy Policy, and we disclaim all liability arising out of such entity’s failure to
do so.
</li>
</ul>
@ -318,12 +349,12 @@
to your sessions and recordings.</p>
<h3>Sharing with other apps and networks</h3>
<p>The Integrations section of the Account feature enables you to control the information you share with other networks
<p>The Profile section of your account enables you to control the information you share with other networks
and applications. As well as selecting those of your social networks you wish to share to, you can also control access
to other services and applications to which you have connected your JamKazam account.</p>
<p>If you sign up for JamKazam using your Facebook account, your JamKazam account and your Facebook account will be
<p>If you sign up for a JamKazam account using your Facebook account, your JamKazam account and your Facebook account will be
connected automatically. Information regarding the public sessions and recordings that you participate in and
recordings you favorite on JamKazam will be shared with the connected Facebook account. Content that you share with
recordings you favorite on the Platform will be shared with the connected Facebook account. Content that you share with
Facebook will appear on your timeline and in your Facebook friends’ newsfeeds. If you do not want this information
shared with Facebook, please change your account settings.</p>
<p>Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control
@ -332,21 +363,16 @@
sites or applications.</p>
<h3>Sharing with app developers</h3>
<p>JamKazam has an open API, which allows third party developers to build some really cool apps as an extension of the
<p>JamKazam may have an API, which may allow third party developers to build apps as an extension of the
Platform. If you would prefer that your sessions and recordings are not made available to third party app developers,
you can disable API access in the Integrations section of your account settings. Please note that your public profile
information will still be accessible, but this does not include anything that this not publicly available on the
Website.</p>
<h3>Cookies</h3>
<p>Information on how to block or disable cookies is included in our <%= link_to "Cookies Policy", corp_cookie_policy_path %>
. Further information about cookies in general is available at
<a rel="external" href="http://aboutcookies.org">http://aboutcookies.org</a></p>
<h3>Deleting your account</h3>
<p>You can delete your account from the JamKazam Platform by sending an email requesting account deletion from the email
address associated with your account to <a rel="external" href="mailto:support@jamkazam.com">support@jamkazam.com</a>.
Please bear in mind that, if you delete your account, all data associated with your account, including the sounds that
Please bear in mind that, if you delete your account, all data associated with your account, including the sounds and content that
you have uploaded and the usage data associated with those sounds will no longer be available to you or others. You
are therefore advised to copy or back up all content uploaded to your account before you delete your account.<p>
<p>Even if you delete your JamKazam account, it is possible that your information may still show up in some internet
@ -358,13 +384,19 @@
<p>Please note that deleting any JamKazam Apps, or any third party apps to which your JamKazam account is connected,
will not delete your JamKazam account. If you wish to delete your account, you will need to do so as described
above.</p>
<p>
If you do not delete your account (or do not request deletion of your personal information as
described in the “Access to your Data” section below), we may, except where required otherwise
by applicable law, indefinitely store your information; provided that we reserve the right to
delete such information for any reason or for no reason.
</p>
<h3>Access to your Data</h3>
<p>As described above, most of the personal information you provide to us can be accessed and updated in the Profile and
Account pages of the JamKazam Website and Apps. If you wish to access, amend or delete any other personal information
Account pages of the Platform. If you wish to access, amend or delete any other personal information
we hold about you, or if you have any objection to the processing of any information that we hold about you, please
contact us at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>, or the address provided
below.</p>
contact us at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>. Changes to your account may, in
some case, require a fee to be paid by you to cover our costs.</p>
<p>If you ask us to delete your account, we will do so within a commercially reasonable period of time, but we may need
to retain some of your personal information in order to satisfy our legal obligations, or where we have a legitimate
reason for doing so.</p>
@ -376,22 +408,161 @@
to the laws in the U.S., and by using the Platform, you consent to the transfer, storage and processing of your
personal information outside the United States in accordance with this Privacy Policy and applicable law.</p>
<h3>Children</h3>
<p>JamKazam is not intended for use by children. Anyone under the age of 13 is not permitted to use the Platform and
must not attempt to register an account or submit any personal information to us. We do not knowingly collect any
personal information from any person who is under the age of 13 or allow them to register an account. If it comes to
our attention that we have collected personal data from a person under the age of 13, we will delete this information
as quickly as is commercially reasonable. If you have reason to believe that we may have collected any such data,
please notify us immediately at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.</p>
<h3>Children's Privacy</h3>
<p>As a general rule, JamKazam is not intended for use by children, and anyone under the age of 13 is generally not permitted to use the Platform.
Notwithstanding the foregoing,
in some cases, we work with partners that provide the Platform as part of music program
offerings (including those listed below) to children under 13, and we sell the Platform directly to
some schools that use the Platform for the benefit of, and allow use of the Platform by, children
under 13. In such cases, we rely on these partners and/or schools to obtain verified parental
consent required by COPPA from parents or guardians of such children under 13 so that
JamKazam can either directly collect information from such children or so that JamKazam can
receive such information from the applicable partner or school that collected such information.
We rely on such partners and/or schools to obtain this consent before JamKazam directly collects
personal information from such children, or before the partner or school provides such
information to JamKazam (as applicable). Such personal information collected regarding
children under 13, whether collected directly or indirectly by JamKazam consists of:
</p>
<ul>
<li>first and last name;</li>
<li>email address;</li>
<li>city of residence;</li>
<li>photo (only if desired by user)</li>
</ul>
<p>
Currently, the partners we work with to provide music program offerings that include the
Platform to children under 13 include:
</p>
<ul>
<li>K12 Inc.<br/>
2300 Corporate Park Dr<br/>
Herndon, VA, 20171-4838<br/>
(866) 968-7512<br/>
privacy@k12.com</li>
</ul>
<p>
If you are a parent or guardian of a child under 13 that participates in a music program including
the Platform or that attends a school whereby the Platform will be provided to such child, you
must provide verified parental consent for your child to use the Platform, and you must be the
actual parent or guardian of the child in order to legally grant such consent under COPPA. You
may revoke your consent at any time or refuse to allow further personal information collection
about your child by contacting us at privacy@jamkazam.com (in addition to contacting the
applicable school or partner providing the music program where the Platform is being
used)—upon receipt of this request, we will delete any unaggregated, non-anonymized personal
information we have in our possession regarding your child, and you and your child will not
provide us with any more personal information thereafter (note, however, that JamKazam may
suspend you and your child’s ability to use the Platform indefinitely, until a new verified parental
consent is received by the applicable school or partner). You may also contact us at the same
email address in order to view, verify, and change or update any personal information collected
by JamKazam about your child. Any personal information from children under the age of 13
that is collected by JamKazam as described herein is done solely to provide the Platform to
partners and schools using the Platform for such children, as well as the individual children
themselves that are participating in the music programs and classes provided by such partners
and schools. We do not collect more personal information from children under 13 than is
necessary for us to do the foregoing. JamKazam will not share such personal information with
any third parties, other than the parent(s) of the applicable child, or the school or partner
providing the music program or class in which the child attends. JamKazam requires such
partners and schools to comply with COPPA. Except as set forth in this “Children’s Privacy”
section, JamKazam does not otherwise knowingly solicit any personal information directly from,
or otherwise knowingly use or disclose personal information of, children under the age of 13. In
the If JamKazam is made aware that JamKazam has collected personal information from a child
under 13 years old in a manner that is inconsistent with the Children’s Online Privacy Protection
Act of the United States (“COPPA”), then we will delete this information as soon as practicable.
</p>
<h2>[Special Terms Regarding Data Collected from California Residents</h2>
<p>
The California Consumer Privacy Act (“CCPA”) provides some California residents with certain
additional rights, each of which is summarized in this section of this Privacy Policy. “You” as
used in this section shall mean a user to whom the CCPA applies.
</p>
<p>
Right to Know. Under the CCPA, you have the right to know what data we have collected about
you over the past year, including:
</p>
<ul>
<li>Categories of (1) personal information we have collected about you, (2) sources from
which such personal information has been collected, and (3) third parties (if any) with
whom we have shared such personal information;</li>
<li>The business or commercial purpose for collecting your personal information; and</li>
<li>The specific pieces of personal information we have collected about you.</li>
</ul>
<h3>Changes and Updates to this Privacy Policy</h3>
<p>
Right to Delete. Under the CCPA, you have the right to request that we delete the personal
information we have collected from you (and direct our third party service providers to also
delete such personal information). However, the CCPA has several exceptions to this right to
delete, including without limitation when the information is necessary for us or a third party to:
</p>
<ul>
<li>Complete a transaction initiated by you;</li>
<li>Provide you with a good or service;</li>
<li>Perform a contract between you and JamKazam;</li>
<li>Protect your security and prosecute any person or entity responsible for breaching such
security;</li>
<li>Fix or troubleshoot bugs in the Platform;</li>
<li>Protect your free speech rights (or the free speech rights of any Users);</li>
<li>Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §
1546 et seq.);</li>
<li>Engage in public or peer-reviewed scientific, historical, or statistical research in the
public interests that adheres to all other applicable ethics and privacy laws;</li>
<li>Comply with a legal obligation; or</li>
<li>Make other internal and lawful uses of the information that are compatible with the
context in which you provided it.</li>
</ul>
<p>
Other Rights. You can request certain information about our disclosure of personal information
to third parties for their own direct marketing purposes during the preceding calendar year. This
request is free and may be made one (1) time per calendar year. You also have the right not to be
discriminated against for exercising any of the rights listed above.
</p>
<p>
To exercise any of the rights summarized above under the CCPA, please contact us via e-mail at
privacy@jamkazam.com . Please include your full name, email address, and phone number
associated with your use of the Platform, along with why you are writing, so that e can process
your request in an efficient manner. JamKazam aims to respond to such a request within 10
days of receiving such request. If we require more time, we will inform you of the reason and
extension period in writing.]
</p>
<h2>Notice Regarding Non-US Users of the Platform</h2>
<p>
Please note that the Platform is hosted in the United States. If you choose to use the Platform
from the European Union or other regions of the world with laws governing data collection and
use that may differ from U.S. law, then please note that you are transferring your personal
information outside of those regions to the United States for storage and processing and that the
privacy laws in the United States may offer fewer protections than those of your home country.
</p>
<h2>Changes and Updates to this Privacy Policy</h2>
<p>We may occasionally update this Privacy Policy, and when we do so, we will also revise the Effective Date set out
below. Any changes to our Privacy Policy will always be available here so that JamKazam users are always aware of what
information we gather, and how we might use and share that information. Please be sure to check back here from time to
time to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy
will be communicated to registered users by a notification to their account and/or by posting a notice of the change
on the Website.</p>
on the Platform.</p>
<h2>Security</h2>
<p>
Although JamKazam takes reasonable measures to ensure the security of the data you may
choose to provide us from loss or misuse, unfortunately the transmission of data through the
Internet cannot be guaranteed to be 100% secure. JamKazam nor any of its respective
employees, officers or agents or the provider of the internet services on behalf of JamKazam (nor
any other person involving the management or establishment of the Platform) can give any
representation or warranty as to the absolute security of the data transmitted using the Platform
and cannot give any guarantee that such data will not be compromised by bad actors. JamKazam
also assumes no responsibility for loss of information, howsoever such information is lost,
including information which is permanently deleted either through the actions of an employee or
consultant or other who has access to the information, through failures of a computer network, or
through any policy or directive of JamKazam for archival and destruction of data. If you choose
to provide data to or allow collection of data by JamKazam, then you do so understanding the
aforementioned risks.
</p>
<h2>Disputes</h2>
<p>
For disputes regarding our collection or use of your personal information or for more
information, or questions or comments concerning this Privacy Policy, please see our Terms of
Service or contact us via email at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.
</p>
<h2 id="privacy-contact">Questions?</h2>
<p>If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know, what
information we store about you, please contact us by email
@ -402,11 +573,14 @@
(including our <%= link_to "Cookies Policy", corp_cookie_policy_path %>), please do not use the Platform. If you have
already registered an account, you can cancel your account by sending an email from the email address associated with
your account, requesting deletion of your account, to
<a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.</p>
<a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>.
You may also opt-out of promotional and marketing
communications by emailing us at the aforementioned address.
</p>
<br/>
<p>
Last amended:
<br/>
1 August 2013
30 September 2020
</p>

314
web/app/views/corps/terms.html.erb
View File

@ -14,7 +14,7 @@
<ul id="terms-toc">
<li>
<a href="#acceptance-of-terms-of-service">Acceptance of Terms</a>
Basically, by using JamKazam you accept our Terms and agree to abide by them.
Basically, by using the Platform you accept our Terms and agree to abide by them.
</li>
<li>
<a href="#changes-to-terms-of-service">Changes to Terms</a>
@ -44,29 +44,29 @@
</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,
This section explains how your content will be used on the Platform 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
This section includes important promises and guarantees that you give when uploading content to the Platform - in
particular, your promise that you have the rights to everything you perform, broadcast, record, upload and share 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.
perform, broadcast, record, or upload to the Platform.
</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
This section explains how to notify us of any content on the Platform that you believe infringes your copyright or any
other intellectual property right, or that is offensive, abusive, defamatory or otherwise contrary to our Terms.
</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
Through the Platform 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>
@ -94,9 +94,9 @@
</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,
It is really important to us that you understand how we use your personal information. All personal 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
Like most other websites, we also use cookies to help us analyze how people use JamKazam, so that we can, for example, 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.
@ -109,17 +109,17 @@
<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.
cancel your subscription purchases.
</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
From time to time, we may need to make some changes to the Platform. 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.
use of the Platform.
</li>
<li>
<a href="#assignment-to-third-parties">Assignment to Third Parties</a>
@ -131,16 +131,20 @@
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. Any changes need to be made in writing.
<a href="#entire-agreement">Entire Agreement; Waiver</a>
Your use of the Platform is governed by these Terms. Any changes need to be made in writing. Any waiver by JamKazam of any
breach or default of these Terms won’t be construed as waiving any other breaches or
defaults.
</li>
<li>
<a href="#third-party-rights">Third Party Rights</a>
These Terms 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.
<a href="#dispute-resolution">Dispute Resolution</a>
This section describes how
disputes will be resolved between you and JamKazam and explains our mandatory
arbitration procedures.
</li>
<li>
<a href="#consent-to-electronic-communications">Governing Law</a>
@ -155,6 +159,16 @@
This section provides information about JamKazam, including how to contact us.
</li>
</ul>
<p>
Note that the headings used in these Terms are for convenience only and have no legal meaning
or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice
versa. Unless the context of these Terms clearly requires otherwise, words importing the
masculine gender include the feminine and neutral genders and vice versa. The terms “include,”
“includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,”
“hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to
these Terms as a whole and not to any particular section or article in which such words appear.
The word “or” will not be construed as exclusive.
</p>
<h2 id="acceptance-of-terms-of-service">Acceptance of Terms</h2>
<p>
@ -162,12 +176,11 @@
, and <%= link_to "Cookies Policy", corp_cookie_policy_path %> carefully. 
Our Privacy Policy and Cookies Policy are hereby incorporated by reference into these Terms.
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
the provisions set out in these Terms, you may 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,
will abide by them, and that you are either 18 years of age or more,
will abide by these Terms and are legally entitled to enter into these Terms, 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.
THE PLATFORM IS NOT FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, THEN YOU ARE NOT PERMITTED TO USE THE SERVICE.
If you are accessing the Platform on behalf of an entity or organization (collectively, “<span class="term">Organization</span>”),
then you represent and warrant that
(a) you are an authorized representative of that Organization,
@ -179,14 +192,17 @@
<h2 id="changes-to-terms-of-service">Changes to Terms</h2>
<p>
We reserve the right to change, alter, replace or otherwise modify these Terms at any time;
provided however, that we will endeavor to provide you with material notice of any prior changes. The date of
provided however, that we will use reasonable efforts to provide you with notice of any material changes (of which such notice may include any notice posted on the
Platform). The date of
last modification is stated at the end of these Terms. It is your responsibility to check this page from
time to time for updates.
time to time for updates. By continuing to access or use
any of the Website, Apps, and/or Services after these Terms have been revised, you agree to be
bound by the revised Terms.
</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
pictures, videos, files, links, 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
@ -194,11 +210,15 @@
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 as well as any additional terms of service that we may release for those specific services or
introduce other Services and/or features for the Platform. Any new Services and features will be subject to these
Terms as well as any additional terms of service that we may release for those specific Services or
features.</p>
<p>JamKazam owns or has rights to all of the content we make available through the Platform,
but you may use it as you use the Platform. You may not use our logo without our written permission.</p>
<p>JamKazam owns or has rights to the Platform and Materials (as defined below) and all intellectual property therein,,
but you may use the Platform in accordance with these Terms (including as described in
the license set forth in the “Your Use of the Platform” section below). You may not copy, distribute, transmit, publish, sell, transfer, or
create derivative works of the Platform. If you print any paper or digital copies of pages of the
Website, you may only do so for your internal use and you are prohibited from removing any
copyright or other proprietary notices on such pages.</p>
<p>The contents of the Platform include: designs, text, graphics, images, video, information, logos, button icons, software,
audio files, computer code, and other JamKazam content (collectively, “<span class="term">Materials</span>”).
All Materials and the compilation (meaning the collection, arrangement, and assembly) of all Materials are the
@ -209,38 +229,47 @@
you agree not to display or use the JamKazam Marks in any manner.</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
<p>You are not obligated to register an account to use the Website and certain aspects of the
remainder of 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
<p>When you register to use the Platform, you will provide us with your name and email address 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
valid, and you shall only provide accurate, true and
current information as part of the account registration process (and you agree to keep such
information current at all times). Your email address and any other personal 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
responsible for all use of your password, and all activity emanating from your account (including any Content posted via 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
parties, you must immediately notify JamKazam in writing, and you must 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
<p>We reserve the right to, with or without prior notice, suspend or terminate your account and your ability to use the Platform if activities occur on that
account which, in our sole discretion, would or might constitute a violation of these Terms, or an
infringement or violation of the rights of any third party, or of any applicable laws or regulations.</p>
infringement or violation of the rights of JamKazam or any third party, or a violation of any applicable laws or regulations.
We reserve
the right to bring legal action against you for any loss or damage that we may suffer as a result of
your violation of these Terms, your infringement of any JamKazam or third party rights, and
your violation of any applicable law or regulation. We also may terminate or suspend use
of the Platform for any person or entity for any reason.
</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, 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
non-exclusive, revocable, non-assignable, non-sublicensable 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 “<span class="term">Uploader</span>”).</p>
<p>In addition, if you register to use the Platform, and subject to your strict compliance with these Terms,
JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and
JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable, non-sublicensable and non-transferable right and
license to: (i) participate in sessions, make recordings, and submit, upload or post other Content to the Platform strictly as
permitted in accordance with these Terms and any other applicable terms posted on the Website and Apps from
permitted in accordance with these Terms and any other applicable terms posted on the Platform from
time to time; (ii) participate in the community areas and communicate with other members of the JamKazam community strictly in
accordance with these Terms; and (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>
Terms 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, including, without
limitation, the following:</p>
<ol class="lower-alpha">
@ -251,10 +280,12 @@
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, and within the parameters set by the
Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).</li>
<li>You must not use any Content (other than Your Content) in any way that is designed to create a separate content
<li>You must not use any Content in any way that is designed to create a separate content
service or that replicates any part of the Platform offering.</li>
<li>You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of
any Content.</li>
any Content. You also may not use spiders, robots, avatars,
intelligent agents, or any other extraction or navigation search except for a normal
browser when retrieving information from the Platform.</li>
<li>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
@ -262,11 +293,11 @@
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.</li>
<li>You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal
<li>You must not alter or remove, or 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).</li>
<li>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
<li>You must not, and must not permit any third party to, copy or adapt the object code of the Platform,
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.</li>
<li>You must not use the Platform to perform, record, upload, post, store, transmit, display, copy, distribute,
@ -277,8 +308,8 @@
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;
third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, rights in
trade secrets or 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;
@ -300,8 +331,7 @@
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.</li>
<li>You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any JamKazam employee.</li>
<li>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.</li>
<li>You must not use or attempt to use another person's account, password, or other information.</li>
<li>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.</li>
<li>You must not collect or attempt to collect personal data, or any other kind of information about other users,
@ -310,11 +340,16 @@
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
procedures; attempt to interfere with the Platform 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, 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.</li>
<li>
You acknowledge that standard SMS and data fees may apply when accessing the
Platform via a mobile device. [To opt out of SMS notification associated with the
Platform, please contact us at <a rel="external" href="mailto:privacy@jamkazam.com">privacy@jamkazam.com</a>].
</li>
</ol>
<p>You agree to comply with the above conditions, and acknowledge and agree that JamKazam has the right, in its sole
@ -325,25 +360,39 @@
<h2 id="purchasing-jamtracks">Purchasing JamTracks</h2>
<p>
The Platform may allow you to purchase multi-track recordings (“<span class="term">JamTracks</span>”) .
JamTracks are licensed and not sold to you. You may only use JamTracks for your own personal,
non-commercial use and not for any other purpose. Except as permitted by applicable law, you may not reproduce
(except on computer equipment or personal digital devices (e.g., phones, tablets, MP3 players, etc.) owned or controlled by you),
or distribute any JamTracks obtained from or through the Platform without JamKazam’s
or the applicable copyright owner’s express permission.
JamTracks that are streamed to you are also licensed to you solely for personal, non-commercial use.
JamTracks are made available to you for the price set forth on the Platform.
All purchases for JamTracks are final, and no refunds are available.
Payments must be made by credit card through our third party payment processor.
All payments are made in United States Dollars.
JamTracks are
licensed and not sold to you. You may only use JamTracks for your own personal, non-
commercial use and not for any other purpose. Except as permitted by applicable law, you may
not reproduce (except on computer equipment or personal digital devices (e.g., phones, tablets,
MP3 players, etc.) owned or controlled by you), or distribute any JamTracks obtained from or
through the Platform without JamKazam’s or the applicable copyright owner’s express
permission. JamTracks are made available to you for the price set forth on the Platform. ).
Pricing information displayed is subject to change, and we may increase or decrease fees as we
deem necessary. In addition, we have no control of fee adjustments made by third parties. All
purchases for JamTracks are final, and no refunds are available (provided that JamKazam may
choose whether to grant them in its sole and absolute discretion). Payments must be made by
credit card through our third party payment processor, and as a condition to purchasing
JamTracks, you agree to provide a valid credit card and pay for all JamTracks that you request
for purchase. All payments are made in United States Dollars. You expressly authorize
JamKazam and its third party payment processor to charge the payment method you provide for
any purchased JamTracks. You also expressly authorize JamKazam to set the prices for all
charges and fees that apply to the provision of such JamTracks. Your selection of the
[“Confirm”] button on the checkout page for JamTracks purchases is your electronic signature
and you agree that (a) this signature is the legal equivalent of your wet or manual signature and
(b) this transaction is equivalent to an in-person transaction where your payment method is
physically present.
</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 “<span class="term">Your
<p>Any and all Content that you
perform, record, upload, store, transmit, submit, exchange or make available to or via the Platform
or that you provide to JamKazam by any means, including via email (hereinafter “<span class="term">Your
Content</span>”) 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>
Your Content remains your sole responsibility. You shall be solely
responsible for keeping a duplicate copy of all Your Content, and JamKazam accepts no
responsibility or liability for the loss or deletion of Your Content.</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
@ -353,27 +402,26 @@
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
<p>By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform or otherwise providing any of Your Content to JamKazam, 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
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>
and/or to enable your use of the Platform, you hereby grant to JamKazam a limited,
worldwide, non-exclusive, sublicensable, transferable, royalty-free and fully paid license 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 when operating the Platform.</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 (“<span class="term">Linked Services</span>”), 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
Platform. 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 grants any rights to any other user of the Platform with respect to any proprietary
@ -388,27 +436,25 @@
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
Platform and stored on
JamKazam’s servers 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
<p>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
communicated to the public or exploited for any purposes by you 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>
<p>You hereby waive any and all moral rights in and to Your Content in connection with JamKazam’s and other users’ use of Your Content as authorized by you.</p>
<p>We appreciate hearing from our users and welcome your comments regarding the Platform. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“<span class="terms">Creative Ideas</span>”), we will:
<p>We appreciate hearing from our users and welcome your comments regarding the Platform. Please be advised, however, that if you send us creative ideas, feedback, suggestions, inventions, or materials (“<span class="terms">Creative Ideas</span>”), we will:
<ol class="numeric-list">
<li>own, exclusively, all now known or later discovered rights to the Creative Ideas;</li>
<li>not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any
@ -425,7 +471,7 @@
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.</li>
<li>Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights
<li>Your Content and the availability thereof on the Platform does not and will not infringe, misappropriate 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.</li>
<li>You have obtained any and all necessary consents, permissions and/or releases from any and all persons
@ -456,7 +502,7 @@
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 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
shareholders hereby exclude and disclaim, 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,
@ -518,19 +564,20 @@
Services (hereinafter “<span class="term">External Services</span>”).</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
any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, security 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
<p>External Services may have their own Terms of use or 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
such terms of use/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>
content and material that may be included on or may emanate from any External Services. JamKazam makes no representations or warranties
about whether External Services are free of viruses or other forms of data corruption.</p>
<p>JamKazam disclaims any and all responsibility or liability for any harm or liability resulting from your use of External Services,
and you hereby irrevocably waive any claim against JamKazam with respect to your use 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
@ -550,7 +597,7 @@
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, we will send you a written warning to this effect. Any
user that receives one or more of these warnings is liable to have their access to the Platform terminated
forthwith.</p>
in perpetuity.</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 or JamTracks license purchases for those whose
@ -558,17 +605,26 @@
<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>
VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR
FEATURES.</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
OF THE PLATFORM WILL BE UNINTERRUPTED, AVAILABLE AT
ALL TIMES, 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
PLATFORM WILL BE ACCURATE OR SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED 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>
LAWFUL IN ANY PARTICULAR JURISDICTION. YOUR SOLE REMEDY IN THE EVENT OF ANY
DEFICIENCY, ERROR, OR INACCURACY OF THE PLATFORM SHALL BE TO
REQUEST THAT JAMKAZAM CORRECT THE MATTER OR, IF JAMKAZAM FAILS TO
DO SO, TO DISCONTINUE YOUR USE OF THE PLATFORM. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS
OF DATA THAT RESULTS FROM SUCH DOWNLOAD.</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
@ -584,23 +640,25 @@
<p>
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JAMKAZAM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JAMKAZAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JAMKAZAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER
THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS
THAN AS MAY BE REQUIRED OTHERWISE BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS
($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST
EXTENT ENFORCEABLE UNDER APPLICABLE LAW.</p>
<h2 id="indemnification">Indemnification</h2>
<p>You agree to indemnify and hold JamKazam, and its officers, directors, employees, agents, successors,
<p>You agree to indemnify, defend and hold JamKazam, and its officers, directors, employees, agents, representatives, licensors, successors,
and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a)
your access, use, or misuse of the Platform, or Materials, or (b) your violation of these Terms. JamKazam will use
without limitation, reasonable attorneys' and accounting fees, arising out of or in any way connected to (a)
your access, use, or misuse of the Platform, or Materials, (b) your violation of these Terms, or (c) any
infringement or misappropriation of any intellectual property right or other right of any person or
entity by you or any other user of your user account. JamKazam will use
reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from
you upon becoming aware of it, but if JamKazam is unable to communicate with you in a timely manner because of an
inactive e-mail address for you, your indemnification obligation will continue notwithstanding JamKazam’s inability
@ -615,7 +673,7 @@
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 (“<span class="term">Widgets</span>”) for incorporation into users’ own sites,
<p>The Platform may include access to embeddable JamKazam services (“<span class="term">Widgets</span>”) 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>
@ -645,7 +703,14 @@
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>
advance. In
addition, you acknowledge that, while JamKazam has undertaken to provide accurate
information via the Platform, it is not comprehensive, and JamKazam makes no commitment to
update the information at any particular time, and the information on the Platform may be out of
date. Information on the Platform may also be changed at any time without notice. As a result,
the information may not be accurate, up to date or applicable to the circumstances of any
particular case. Any decisions you make based on information contained in the Platform are
solely your responsibility.</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,
@ -665,22 +730,21 @@
of the changes to your account.</p>
<h2 id="termination">Termination</h2>
<p>These Terms are effective until terminated by you or JamKazam. Your rights under these Terms will terminate
<p>These Terms are effective as to you and your use of the Platform until terminated by you or JamKazam. Your rights under these Terms will terminate
automatically without notice from JamKazam if you fail to comply with any term(s) of these Terms
(including by violating any license restriction provided herein). You may terminate these Terms by deleting your
account and ceasing use of the Platform. Upon any termination of these Terms,
(including by violating any license restriction provided herein). You may terminate these Terms (as to you only) by deleting your
account and ceasing use of the Platform. Upon any such termination of these Terms,
you must immediately cease all use of the Platform. You will not be able to use the Platform without re-registering.
You may not re-register if you are prohibited from re-registering by these Terms.</p>
<p>If you have a Premium Account and terminate this Agreement before the end of your subscription,
<p>If you have a Premium Account and terminate before the end of your subscription, or if your account is otherwise suspended or terminated by JamKazam,
we are unable to offer any refund for any unexpired period of your subscription. If you have purchased
JamTracks licenses and terminate this Agreement, we will not offer any refund on your JamTracks purchases.</p>
<p>If you have a Premium Account and your account is suspended or terminated by JamKazam, then JamKazam is not
obligated to provide you with a refund. If you have purchased JamTracks licenses and your account is suspended
or terminated by JamKazam, then JamKazam is not obligated to provide you with a refund.</p>
<p>Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from
JamTracks licenses and terminate this these Terms pursuant to this section,
or if your account is suspended or terminated by JamKazam, we will not offer any refund on your JamTracks purchases.</p>
<p>Once your account has been terminated, Your 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
regulations and/or to protect our legitimate business interests (or if we are not required to delete such Content, as described herein, such as
when other users beside you own rights in or have contributed to Your Content). 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
@ -700,9 +764,9 @@
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
<p>JamKazam may assign its rights and (where permissible by law) its obligations under these Terms, 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
all or substantially all of the assets or business of JamKazam. You may not assign these Terms 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>
@ -715,7 +779,8 @@
 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>
must be made in writing. No waiver by JamKazam of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.</p>
<h2 id="third-party-rights">Third Party Rights</h2>
@ -723,7 +788,7 @@
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>
<h2 id="dispute-resolution">Dispute Resolution</h2>
<ol class="lower-alpha">
<li><span class="item-header">Mandatory Arbitration.</span> Please read this carefully. It affects your rights.
YOU AND JAMKAZAM AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST,
@ -739,18 +804,18 @@
send to the other, by certified mail, a written notice of intent to arbitrate
(a “<span class="term">Notice</span>”), or, in the absence of a mailing address provided by you to
JamKazam, to you via any other method available to JamKazam, including via e-mail. The Notice to
JamKazam should be addressed to JamKazam, Inc., Attn: Chief Operating Officer, 5813 Lookout Mountain Drive,
JamKazam should be addressed to JamKazam, Inc., Attn: Chief Operating Officer, 3924 Knollwood Drive,,
Austin TX 78731 (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the
claim or dispute; and (ii) set forth the specific relief sought (the “<span class="term">Demand</span>”). If you and JamKazam do not
reach an agreement to resolve the claim within 30 days after the Notice is received, you or JamKazam
Demand or dispute; and (ii) set forth the specific relief sought (the “<span class="term">Demand</span>”). If you and JamKazam do not
reach an agreement to resolve the Demand within 30 days after the Notice is received, you or JamKazam
may commence an arbitration proceeding as set forth below or file a claim in small claims court.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“<span class="term">AAA</span>”) IN ACCORDANCE WITH ITS
COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “<span class="term">Rules</span>”),
AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required
to pay a filing fee to commence an arbitration against JamKazam, then JamKazam will promptly reimburse you for
your confirmed payment of the filing fee upon JamKazam’s receipt of Notice at the Arbitration Notice Address that
you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is
equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment
you have commenced arbitration along with a receipt evidencing payment of the filing fee; provided, however, that if your Demand is
equal to or greater than $1,000 or was filed in bad faith, you, not JamKazam, are solely responsible for the payment
of the filing fee.
</li>
<li><span class="item-header">Arbitration Proceeding.</span> The arbitration will be conducted in English.
@ -773,14 +838,14 @@
will be closed to the public and confidential and all records relating thereto will be permanently sealed, except
as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing
and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply
the laws of the State of Texas in conducting the arbitration. You acknowledge that these terms and your use of the
App evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern
the laws of the State of Texas in conducting the arbitration. You acknowledge that these Terms and your use of the
Platform evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern
the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
</li>
</ol>
</li>
<li><span class="item-header">Equitable Relief.</span> The foregoing provisions of this Dispute Resolution section do not
apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or
apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, trade secrets, or
patents. You acknowledge that, in the event of a breach of these Terms 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, and your only remedy will be for monetary damages, subject to the limitations of liability
@ -795,21 +860,22 @@
may recover attorneys’ fees and costs up to $5,000, provided that JamKazam has notified you in writing of
the improperly filed claim, and you have failed to promptly withdraw the claim.</li>
<li><span class="item-header">Modifications.</span> In the event that JamKazam makes any future change to the
Mandatory Arbitration provision (other than a change to JamKazam’s Arbitration Notice Address),
Mandatory Arbitration provision above (other than a change to JamKazam’s Arbitration Notice Address),
you may reject any such change by sending us written notice within thirty (30) days of the change to
JamKazam’s Arbitration Notice Address, in which case your account with JamKazam and your license to use
the Service shall terminate immediately, and this Dispute Resolution provision, as in effect immediately
the Platform shall terminate immediately, and this Dispute Resolution provision, as in effect immediately
prior to the amendments you reject, will survive the termination of these Terms.</li>
<li><span class="item-header">Enforceability.</span> If only Section 27.a.iii or the entirety of this Section 27
is found to be unenforceable, then the entirety of this Section 27 will be null and void and, in such case,
the parties agree that the exclusive jurisdiction and venue described in Section 28 will govern any action
<li><span class="item-header">Enforceability.</span> If the entirety of this Dispute Resolution section
is found to be unenforceable, then the entirety of this section will be null and void and, in such case,
the parties agree that the exclusive jurisdiction and venue described in the "Governing Law" section below will govern any action
arising out of or related to these Terms.</li>
</ol>
<h2 id="governing-law">Governing Law</h2>
<p>The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms and your use of the
Platform. Your use of the Platform may also be subject to other local, state, national, or international laws.
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, except as set forth to the contrary in the “Dispute Resolution”
section above, such
action shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas,
and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient
forum.
@ -823,8 +889,8 @@
<h2 id="contact-us">Contact Us</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
3924 Knollwood 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: 24 April 2015</p>
<p>Last Amended: 30 September 2020</p>