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<% provide(:title, 'Terms of Service') %>
<% provide(:purpose, 'terms') %>
<h1>Terms of Service</h1>
<p>Welcome to JamKazam, a service provided by JamKazam, Inc. (“<span class="term">JamKazam</span>”, “<span class="term">we</span>” “<span class="term">our</span>”, or “<span class="term">us</span>”).</p>
<p>These Terms of Service (the “<span class="term">Terms</span>”) govern your use of jamkazam.com and m.jamkazam.com (together, the “<span class="term">Website</span>”), our mobile and
desktop apps (our “<span class="term">Apps</span>”) and all related players, widgets, tools, applications, data, software, APIs (which may also
be subject to separate API Terms of Service) and other services provided by JamKazam (the “<span class="term">Services</span>”).</p>
<p>These Terms, together with our Privacy Policy, Cookies Policy, and any other terms specifically referred
to in any of those documents, constitute a legally binding agreement between you and JamKazam in
relation to your use of the Website, Apps and Services (together, the “<span class="term">Platform</span>”).</p>
<p>These Terms are divided into the following sections:</p>
<ul id="terms-toc">
<li>
<a href="#acceptance-of-terms-of-service">Acceptance of Terms</a>
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>
This section explains that our Terms may change from time to time.
</li>
<li>
<a href="#description-of-the-platform">Description of the Platform</a>
This provides a general description of the Platform, its features and functionality.
</li>
<li>
<a href="#your-jamkazam-account">Your JamKazam Account</a>
This section explains your responsibilities should you choose to register for a JamKazam account.
</li>
<li>
<a href="#your-use-of-the-platform">Your Use of the Platform</a>
This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
</li>
<li>
<a href="#purchasing-jamtracks">Purchasing JamTracks</a>
This section explains the purchase and returns mechanisms for JamTracks, as well as your rights under the JamTracks license.
</li>
<li>
<a href="#your-content">Your Content</a>
This section deals with ownership of your content, and includes your agreement not to perform, broadcast, record, or
upload anything that infringes on anyone else’s rights.
</li>
<li>
<a href="#grant-of-license">Grant of License</a>
This section explains how your content will be used on 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 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 the Platform.
</li>
<li>
<a href="#reporting-infringements">Reporting Infringements</a>
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 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>
<a href="#blocking-and-removal-of-content">Blocking and Removal of Content</a>
This section makes it clear that JamKazam may block or remove content from the Platform.
</li>
<li>
<a href="#repeat-infringers">Repeat Infringers</a>
Users who repeatedly infringe third party rights or breach our Terms risk having their JamKazam accounts
suspended or terminated, as explained in this section.
</li>
<li>
<a href="#disclaimer">Disclaimer</a>
This section explains that JamKazam cannot give any guarantees that the Platform will always be available –
sometimes even very good technology platforms will have a few problems.
</li>
<li>
<a href="#limitation-of-liability">Limitation of Liability</a>
This section explains some of those things that JamKazam will not be liable for. Please make sure you read and
understand this section.
</li>
<li>
<a href="#indemnification">Indemnification</a>
If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
</li>
<li>
<a href="#data-protection-privacy-and-cookies">Data Protection, Privacy and Cookies</a>
It is really important to us that you understand how we use your personal information. All 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, 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.
</li>
<li>
<a href="#use-of-jamkazam-widgets">Use of JamKazam Widgets</a>
This section includes a few restrictions on how you can use our widgets – basically, don’t try to use our widgets to
create a new music or audio streaming service.
</li>
<li>
<a href="#premium-accounts">Premium Accounts</a>
This section links you to information explaining how to purchase Premium Account subscriptions and how you can
cancel your subscription purchases.
</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 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 the Platform.
</li>
<li>
<a href="#assignment-to-third-parties">Assignment to Third Parties</a>
This section deals with JamKazam’s right to transfer these Terms to someone else.
</li>
<li>
<a href="#severability">Severability</a>
This is a standard legal provision, which says that any term that is not valid will be removed from the agreement
without affecting the validity of the rest of the agreement.
</li>
<li>
<a href="#entire-agreement">Entire Agreement; 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="#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>
This section explains the laws under which the Terms will be governed.
</li>
<li>
<a href="#governing-law">Consent to Electronic Communications</a>
This section explains the rules for email communications between us and you.
</li>
<li>
<a href="#contact-us">Contact Us</a>
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>
Please read these Terms, our <%= link_to "Privacy Policy", corp_privacy_path %>
, 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 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 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.
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,
(b) you have the authority to bind that Organization to these Terms,
and (c) agree to be bound by these Terms on behalf of that Organization.
</p>
<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 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. 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, 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
Platform also enables registered users to interact with one another and to contribute to discussions, and enables any
user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen
to and share Content uploaded and otherwise made available by registered users.</p>
<p>We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or
introduce other Services and/or features for the Platform. Any new Services and features will be subject to these
Terms 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 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
property of JamKazam or its licensors and are protected under copyright, trademark, and other laws.</p>
<p>“JamKazam,” the JamKazam logo, and other JamKazam logos and product and service names are or may be trademarks of JamKazam
(the “<span class="term">JamKazam Marks</span>”).
Without our prior written permission, and except as solely enabled by any link as provided by us,
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 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 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, 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 (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 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 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 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, 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, 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 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 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">
<li>You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any
part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to
permit downloads of the relevant item of Content.</li>
<li>You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform,
transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such
Content is Your Content, or (ii) as permitted under these Terms, 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 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. 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
accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post
comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive
fashion. You must not offer or promote the availability of any such techniques or services to any other users of the
Platform.</li>
<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 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,
promote, make available or otherwise communicate to the public:
<ul>
<li>any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or
culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of
race, gender, religion or sexual orientation, or is otherwise objectionable in JamKazam’s reasonable discretion;
</li>
<li>any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of
third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, 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;
</li>
<li>any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or
other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or
networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's
use and enjoyment of the Platform; or
</li>
<li>any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.</li>
</ul>
</li>
<li>You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any law or regulation.</li>
<li>You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not
prevent you from including links from Your Content to any legitimate online download store from where any item of Your
Content may be purchased.</li>
<li>You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a
person or entity, for example, by registering an account in the name of another person or company, or sending messages
or making comments using the name of another person.</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.</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,
including without limitation, through spidering or any form of scraping.</li>
<li>You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by
JamKazam or any Uploader; access or attempt to access data or materials which are not intended for your use; log into,
or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the
vulnerability of JamKazam’s servers, system or network or attempt to breach JamKazam’s data security or authentication
procedures; attempt to interfere with the 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
discretion, to terminate your account or take such other action as we see fit if you breach any of the above
conditions or any of the other terms of these Terms. This may include taking court action and/or reporting
offending users to the relevant authorities.</p>
<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 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 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. 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
copyright protected material within Your Content (including by way of reproduction, distribution, modification,
adaptation, public display, public performance, preparation of derivative works, making available or otherwise
communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly
prohibited. Any such infringements may result in termination of your access to the Platform as described in
the <a href="#repeat-infringers">Repeat Infringers</a> section below, and may also result in civil litigation or
criminal prosecution by or on behalf of the relevant rights holder.</p>
<h2 id="grant-of-license">Grant of License</h2>
<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 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
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
name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture)
(“<span class="min-term">Marks</span>”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public
those Marks, automatically and without alteration, as part of the act of reposting Content with which you have
associated those Marks.</p>
<p>The licenses granted in this section are granted separately with respect to each item of Your Content that you upload
to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to
the following paragraph of these Terms) terminate automatically when you remove such Content from your
account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and
irrevocable, and will continue notwithstanding any termination of your account. However, notwithstanding the
foregoing, you hereby acknowledge that any of Your Content that was created and stored on the Platform in conjunction
with other users of the Platform, including but not limited to sessions and recordings, may be maintained on the
Platform 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>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 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, 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
Creative Ideas; and</li>
<li>be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person.</li>
</ol>
<h2 id="representations-and-warranties">Representations and Warranties</h2>
<p>You hereby represent and warrant to JamKazam as follows:</p>
<ol class="lower-alpha">
<li>Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights,
licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize JamKazam to
use, Your Content pursuant to these Terms, including, without limitation, the right to upload, reproduce,
store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to
the public Your Content, and each and every part thereof, on, through or via the Website, Apps, any and all Services
and any Linked Services.</li>
<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
appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to
publish the same on the Platform and via any Linked Services.</li>
<li>Your Content, including any comments that you may post on the Website, is not and will not be unlawful,
offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive,
indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion
or sexual orientation.</li>
<li>Your Content does not and will not create any liability on the part of JamKazam, its subsidiaries, affiliates,
successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.</li>
</ol>
<p>JamKazam reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue
all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties,
or otherwise infringes another person's rights or violates any law, rule or regulation.</p>
<h2 id="liability-for-content">Liability for Content</h2>
<p>You hereby acknowledge and agree that JamKazam (i) stores Content and other information at the direction, request and
with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the performance, recording,
uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the
presentation or use of the Content. You are solely responsible for all of Your Content that you perform, record,
upload, post or distribute to, on or through the Platform, and to the extent permissible by law, JamKazam excludes all
liability with respect to all Content (including Your Content) and the activities of its users with respect
thereto.</p>
<p>You hereby acknowledge and agree that JamKazam cannot and does not review the Content created or uploaded by its
users, and neither JamKazam nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors,
officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for
Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been performed,
recorded, entered, or uploaded in breach of these Terms or applicable law.</p>
<p>JamKazam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and
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,
accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you
irrevocably waive the right to assert any claim with respect to any of the foregoing against JamKazam or any of its
subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.</p>
<h2 id="reporting-infringements">Reporting Infringements</h2>
<p>If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using
the method described below:</p>
<p>Your notice should be sent to us by email
to <a rel="external" href="mailto:copyright@jamkazam.com">copyright@jamkazam.com.</a></p>
<p>Please make sure that you include the following information</p>
<ul>
<li>a statement that you have identified Content on JamKazam that infringes your copyright or the copyright of a third
party on whose behalf you are entitled to act;
</li>
<li>a description of the copyright work(s) that you claim have been infringed;</li>
<li>a description of the Content that you claim is infringing and the JamKazam URL(s) where such Content can be
located;
</li>
<li>your full name, address and telephone number, and a valid email address at which you can be reliably and promptly
contacted;
</li>
<li>a statement by you that you have a good faith belief that the disputed use of the material is not authorized by
the copyright owner, its agent, or the law; and
</li>
<li>a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of
the owner of the exclusive right that is allegedly infringed.
</li>
<li>with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that
is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
</li>
<li>your electronic or physical signature (which may be a scanned copy).</li>
</ul>
<p>If you receive a notification from JamKazam that material made available by you on or through the Platform has been
the subject of a Notification of Claimed Infringement, then you will have the right to provide JamKazam with what is
called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to JamKazam, and
include substantially the following information:</p>
<ol class="roman-numeral">
<li>A physical or electronic signature of the subscriber;</li>
<li>Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;</li>
<li>A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and</li>
<li>The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which JamKazam may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.</li>
</ol>
<p>
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s
obligations to provide a valid counter notification under the Copyright Act. A Counter Notification should be mailed
to JamKazam at the following address: JamKazam, Inc., Attn: Copyright Matters, 5813 Lookout Mountain Drive, Austin
TX 78731.
</p>
<h2 id="third-party-websites-and-services">Third Party Websites and Services</h2>
<p>The Platform may provide you with access to third party websites, databases, networks, servers, information,
software, programs, systems, directories, applications, products or services, including without limitation, Linked
Services (hereinafter “<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, security or
authenticity of content, information or services provided by such External Services.</p>
<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
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. 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>
<p>JamKazam integrates with YouTube via YouTube API Services. By using JamKazam, you are also bound to the YouTube Terms of Service: <a href="https://www.youtube.com/t/terms">https://www.youtube.com/t/terms</a>.</p>
<h2 id="blocking-and-removal-of-content">Blocking and Removal of Content</h2>
<p>Notwithstanding the fact that JamKazam has no legal obligation to monitor the Content on the Platform, JamKazam
reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content,
for any reason and without liability, including without limitation, if we have reason to believe that such Content
does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms
or applicable law, or is otherwise unacceptable to JamKazam.</p>
<p>Please also note that individual Uploaders have control over the audio Content that they store in their account from
time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued
access to any particular item of Content and JamKazam shall have no liability in the event that you are unable to
access an item of Content due to its removal from the Platform, whether by JamKazam or the relevant Uploader.</p>
<h2 id="repeat-infringers">Repeat Infringers</h2>
<p>JamKazam will suspend or terminate your access to the Platform if JamKazam determines, in its reasonable discretion,
that you have repeatedly breached these Terms.</p>
<p>If we receive a valid notification from a third party in accordance with our reporting processes or applicable law
that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your
behavior is inappropriate and violates our Terms, 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
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
accounts are terminated as a result of repeated infringement of these Terms.</p>
<h2 id="disclaimer">Disclaimer</h2>
<p>THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR
VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” 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, 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 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. 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
IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE,
THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.</p>
<p>We are not responsible for any disputes or disagreements between you and any third party you interact with using the
Platform. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with
the other party. You release JamKazam of all claims, demands, and damages in disputes among users of the Platform.
You also agree not to involve us in such disputes. Use caution and common sense when using the Platform.</p>
<h2 id="limitation-of-liability">Limitation of Liability</h2>
<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, 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 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, 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 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
to contact you in a timely manner.</p>
<h2 id="data-protection-privacy-and-cookies">Data Protection, Privacy and Cookies</h2>
<p>All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and
disclosed by JamKazam in accordance with our  <%= link_to "Privacy Policy", corp_privacy_path %>. In addition, in common
with most online services, we use cookies to help us understand how people are using the Platform, so that we can
continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies
Policy. By accepting these Terms and using the Platform, you also accept the terms of
the <%= link_to "Privacy Policy", corp_privacy_path %> and our <%= link_to "Cookies Policy", corp_cookie_policy_path %>.</p>
<h2 id="use-of-jamkazam-widgets">Use of JamKazam Widgets</h2>
<p>The Platform 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>
<p>You may not, without the prior written consent of JamKazam, use the Widgets in such a way that you aggregate Content
from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises
a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior
written consent of JamKazam, use the Widgets to embed Content into any website or other destination dedicated to a
particular artist (except where the relevant Content is Your Content and you are the person or are authorized to
represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the
Widgets in any way that suggests that JamKazam or any artist, audio creator or other third party endorses or supports
your website, or your use of the Widgets. The foregoing shall apply whether such use is commercial or
non-commercial.</p>
<p>JamKazam reserves the right to block your use of the Widgets at any time and for any reason in its sole
discretion.</p>
<h2 id="premium-accounts">Premium Accounts</h2>
<p>Certain features of the Platform are only available to registered users who subscribe for a paid premium account
(“<span class="term">Premium Account</span>”).</p>
<p>The purchase of a Premium Account subscription is subject to additional terms, which you will
find <%= link_to "here", corp_premium_accounts_path %>. These terms include, among other things, terms relating to payment,
the conclusion and renewal of your subscription contract, your right of cancellation during the first 14 days of your
subscription, and certain technical usage limitations.</p>
<p>These additional terms are applicable to Premium Account users in addition to these general Terms.</p>
<h2 id="changes-to-the-platform-accounts-and-pricing">Changes to the Platform, Accounts and Pricing</h2>
<p>JamKazam reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing
access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to
individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or
cessation of access, JamKazam shall use commercially reasonable efforts to notify registered users of such decision in
advance. 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,
discontinue or terminate the Website, Apps, or Services or any part or parts thereof, or your possibility to use or
access the same from or within any territory or territories.</p>
<p>JamKazam may change the features of any type of account, may withdraw or introduce new features, products or types of
account at any time and for any reason, and may change the prices charged for any of its Premium Accounts from time to
time. In the event of any increase in the price or material reduction in the features of any Premium Account to which
you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any
subsequent renewal of your subscription. In all other cases, where JamKazam proposes to make changes to any type of
account to which you subscribe (Premium Account or otherwise), and these changes are material and to your
disadvantage, JamKazam will notify you of the proposed changes by sending a message to your JamKazam account and/or an
email to the then current email address that we have for your account four (4) weeks in advance or such changes. You
will have no obligation to continue using the Platform following any such notification, but if you do not terminate
your account as described in the <a href="#termination">Termination</a> section below during such four (4) week
period, your continued use of your account after the end of that four (4) week period will constitute your acceptance
of the changes to your account.</p>
<h2 id="termination">Termination</h2>
<p>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 (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 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 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 (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
termination or cancellation. This data is provided and is accessible only for viewing via your account page on the
Website and Apps for as long as your account is active.</p>
<p>If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that
app will not delete your account. If you wish to delete your account, you will need to do so by sending an email
requesting account deletion to <a rel="external" href="mailto:support@jamkazam.com">support@jamkazam.com</a>.</p>
<p>The provisions of these Terms that are intended by their nature to survive the termination or cancellation
of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections
entitled <a href="#your-jamkazam-account">Your JamKazam Account</a>, <a href="#your-content">Your
Content</a>, <a href="#grant-of-license">Grant of License</a> , <a href="#representations-and-warranties">Representations
and Warranties</a>, <a href="#liability-for-content">Liability for Content</a>, <a href="#disclaimer">Disclaimer</a>,
<a href="#limitation-of-liability">Limitation of
Liability</a>, <a href="#indemnification">Indemnification</a>, <a href="#termination">Termination</a>, <a href="#assignment-to-third-parties">Assignment to Third
Parties</a>, <a href="#severability">Severability</a>, <a href="#entire-agreement">Entire Agreement</a>,
and <a href="#applicable-law-and-jurisdiction">Applicable Law and Jurisdiction</a>, respectively.</p>
<h2 id="assignment-to-third-parties">Assignment to Third Parties</h2>
<p>JamKazam may assign its rights and (where permissible by law) its obligations under 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 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>
<p>Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such
provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining
provisions of the Terms, which will remain in full force and effect.</p>
<h2 id="entire-agreement">Entire Agreement</h2>
<p>These Terms, together with the <%= link_to "Privacy Policy", corp_privacy_path %>
 and <%= link_to "Cookies Policy", corp_cookie_policy_path %>, constitute the entire agreement between you and JamKazam
with respect to your use of the Platform (other than any use of JamKazam’s APIs which may also be subject to separate
API Terms of Service), and supersede any prior agreement between you and JamKazam. Any modifications to this Agreement
must be made in writing. 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>
<p>These Terms are not intended to give rights to anyone except you and JamKazam. This does not affect our
right to transfer our rights or obligations to a third party as described in
the <a href="#assignment-to-third-parties">Assignment to Third Parties</a> section.</p>
<h2 id="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,
SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE PLATFORM AGREE TO
ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE
RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS
OR THE PLATFORM. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review
by courts. Arbitrators can award the same damages and relief that a court can award.
Please visit www.adr.org for more information about arbitration.
<ol class="roman-numeral">
<li><span class="item-header">Commencing Arbitration.</span> A party who intends to seek arbitration must first
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, 3924 Knollwood Drive,,
Austin TX 78731 (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the
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; 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.
A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein.
You and JamKazam agree to comply with the following rules, which are intended to streamline the dispute
resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted
by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by
the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties
or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction.</li>
<li><span class="item-header">No Class Actions.</span> YOU AND JAMKAZAM AGREE THAT YOU AND JAMKAZAM MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE
OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS
MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.</li>
<li><span class="item-header">Decision of the Arbitrator.</span> Barring extraordinary circumstances, the arbitrator will
issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator
may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings
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
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, 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
set forth in these Terms. </li>
<li><span class="item-header">Claims.</span>You and JamKazam agree that, notwithstanding any other rights the party
may have under law or equity, any cause of action arising out of or related to these Terms or the Platform,
excluding a claim for indemnification, must commence within one year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.</li>
<li><span class="item-header">Improperly Filed Claims.</span> All claims you bring against JamKazam must be resolved in accordance with this
Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be
considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, JamKazam
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 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 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 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, 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.
</p>
<h2 id="consent-to-electronic-communications">Consent to Electronic Communications</h2>
<p>By using the Platform, you consent to receiving communications from us as further described in the Privacy Policy.
Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically
will satisfy any legal communication requirements, including that such communications be in writing.</p>
<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
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: 30 September 2020</p>
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