APPLICATION OF THESE TERMS

Welcome to QJAM!

These Terms of Use (“Terms”) apply to your use of our website located at https://qjam.com (“Site”) and the QJAM application (“App”) and any new features or services offered through either (all known as “QJAM”).

When you sign up to use QJAM you will be asked to confirm that you agree with these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our Site so please revisit them every so often because we will assume that you agree with them if you continue to use QJAM.

LICENSE TERMS

When you access QJAM, we allow you to use our software where “software” includes the software we developed to run our App, any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use QJAM in accordance with these Terms.

This license is non-transferable, for your personal use and for use on computers and/or devices that you own or control and is subject to you doing / not doing all these things:

1. complying with the rules set out in the Apple App Store Terms of Service (if this is how you downloaded or installed the QJAM app on an Apple device) and any other terms that apply to Apps or Sites you access via QJAM;
2. not copying our software (other than a single copy for your own backup purposes);
3. not removing, modifying or obscuring any copyright, trade mark or other proprietary rights notices contained in QJAM;
4. not reverse engineering, decompiling, or disassembling QJAM;
5. not granting any rights in QJAM to anyone else without our prior written consent;
6. not uploading anything to QJAM that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of QJAM;
7. not exporting or re-exporting the software in violation of US export laws;
8. not being located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country or being listed on any US Government list of prohibited or restricted parties;
9. not using QJAM for any commercial purpose without our prior written consent;
10. not accessing, creating or modifying the source code of our software in any way;
11. not using QJAM in any way that impedes the normal enjoyment of, or performance by, QJAM by another user;
12. not using QJAM to track, monitor or analyse user behaviour in any manner;
13. not attempting to compromise any security measures employed by QJAM or QJAM’s third party partners, including, but not limited to, tampering with such measures;
14. complying with all other terms and warranties of these Terms and applicable laws and regulations and
15. not taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

If you don’t comply with these conditions, we may terminate your access to QJAM and take other action we deem appropriate.

USER GENERATED CONTENT

QJAM is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, all of the content accessible via QJAM, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. QJAM may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via QJAM, and your access of User Generated Content is solely at your own risk.

If you submit content to or via QJAM, you agree to the following:

1. you will only upload content that you own or are permitted to upload having obtained the necessary license or permission to use it, as well as the right to sublicense the content to us, without limitation;
2. you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you upload to QJAM, including the right to sub-license use of the content, in any medium or method, whether now known or hereafter devised;
3. you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;
4. you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via QJAM;
5. you will not upload another person’s sensitive personal data without their consent;
6. you will not upload any content which you know is false, or is defamatory, libellous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and
7. you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.

If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use QJAM.

CONTENT PROVIDED BY US

All IP rights in QJAM are our property, or the property of our affiliates or partners. So please don’t take these Terms as giving you the right to use any trademarks, images or logos of QJAM or our affiliates or partners because none can be reproduced or used without written permission.

When you access QJAM you agree not to do any of the following things (nor allow anyone else to do them) in relation to any content provided in QJAM where “content” includes any programming (or other IP) owned or distributed by us or our partners as well any digital media player provided in QJAM, clips, advertisements, graphics and characters:

1. modifying or using any content otherwise than as allowed under these Terms;
2. using, marketing or re-distributing any content through any software application other than QJAM;
3. downloading, re-transmitting, reproducing or storing the content on any device or media (other than for any brief periods of time necessary for streaming of any content); and/or
4. reformatting, optimising or customising the content for display, distribution or transmission.

YOUR ACCOUNT

When you download QJAM, you may be asked to create a QJAM account (“Account”) by registering with your phone number or email address and password. You can also connect to third party social networks supported by us (e.g. Facebook) to use certain features, such as sharing with friends, etc. Connecting to a third party social network service is subject to your compliance with these Terms as well as any terms of the third party service provider.

When you use QJAM we create a profile for you according to your preference settings. Your settings may result in your profile being public and/or your agreeing to share content you’ve posted with friends and/or others, in which case, your name, if provide, and other material you post will become visible to others.

Please only upload data that is true, accurate, complete and up-to-date. You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login details.

PRIVACY

Your privacy is very important to us at QJAM. Please read our Privacy Policy to learn more about our privacy practices and how we will use any data we receive.

By using our website, you acknowledge that you have read, understood and accepted our Privacy Policy. Further, you acknowledge that our privacy and data collection policies are reasonable, and that if QJAM substantially complies with these policies, you shall have no claim or suit against QJAM for violating your rights of privacy or otherwise misusing or misappropriating data which you provide to QJAM when you use our web-site.

MINORS

You must not use QJAM unless you are aged 13 or older. If you are aged 13-18 you should have a parent’s or guardian’s approval to use QJAM and review these Terms with a parent or guardian to make sure you and your parent/guardian understand them. If you are under 13 and you access QJAM by lying about your age, or are otherwise in breach of these Terms and our Privacy Policy, you must immediately stop using QJAM and terminate your Account. We will block your access to QJAM if we determine that you are misrepresenting your age or in breach of these Terms. Please note that some of the content and/or advertising on QJAM may be unsuitable for people under the age of 18.

QJAM is not directed at children under 13. If you become aware that your child has been using QJAM without your consent, please contact us at [email protected] We do not knowingly collect personal data from children under 13. If we become aware that a child has provided us with personal data, we will take steps to remove such information and terminate the child’s account. If you become aware that your child under 13 has provided any of our partners with personal data without your consent, you may elect to notify such partner directly and request that it remove or destroy any personal information in its possession concerning your child. QJAM cannot be responsible for ensuring that our partners remove or destroy such personal information. However, QJAM requires its partners to agree to remove or destroy such personally identifiable information if requested to do so.

THIRD PARTY SITES AND APPS

QJAM will enable you to access other apps and sites. Even though these apps and sites are accessible via QJAM, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of, with regard to such third party apps and sites, what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly.

Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by QJAM of the site or app and/or its contents. We recommend that you be aware when you are accessing a third party app or site and that you read the third party’s terms and conditions and privacy policy.

PRICING AND PRODUCT PURCHASES

QJAM endeavors to make all published pricing correct. Occasionally, content on QJAM may contain incorrect information, whereby a product is listed at an incorrect price, due to typographical errors or error in pricing information provided by the merchant.

While QJAM enables third parties to list their products, no transactions are carried out on the QJAM platform. Accordingly, QJAM is not a party to any resulting transactions nor assumes any responsibility for any purchases arising out of or in connection with our App or Site. Please do not take our listings to imply any kind of endorsement of these offerings or of any of these businesses or individuals, or the content of their websites.

ADVERTISING AND COOKIES

QJAM may deliver advertising in the form of banners, paid links, coupons, promotions, sponsorship graphics or other means to you via our App, Site or via other third-party services and websites (“Advertising”). We may use “cookies” (as outlined in our Privacy and Cookies Policy) to improve our service, to make your experience more personalized, and to make advertising more relevant to you. Our Advertising may be contextual, that is related to your location, your use of the App over time, or based on other information you have provided to QJAM or has been provided to us by third parties or is ascertainable from your user profile.

SUPPORT

If you experience a problem with QJAM, please report it to us. We may occasionally restrict your access to QJAM to carry out repairs, maintenance or to introduce new functionality or services, but we will try to keep disruption to a minimum.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

QJAM will investigate notices of copyright infringement. If you are a copyright holder who believes that any of the products, services or content which are directly available via QJAM are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be emailed to us at [email protected] A notification of claimed copyright infringement must include the following: (a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; (b) Specific identification of each copyrighted work claimed to have been infringed, including if applicable, the Copyright Registration Certificate Number; (c) A description of where the material believed to be infringed is located on QJAM (please be as detailed as possible and provide a URL to help us locate the material you are reporting); (d) contact information for the complaining party, such as a complete name, address, telephone number, and email address; (e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once we receive a notification of infringement, it is our policy to remove any infringing content and terminate the accounts of repeat infringers. Upon receipt of a written notice containing the information and statements specified in the previous paragraph we will promptly (a) disable or remove access to the material that is alleged to be infringing, (b) forward the written notification to such alleged infringer (“Infringement Notification Recipient”), (c) and take reasonable steps to notify such Infringement Notification Recipient that we have removed or disabled access to the materials, and that such Infringement Notification Recipient has the right to file a counter-notification.

COUNTER-NOTIFICATION

To be effective, a Counter Notification must be a written communication provided by an Infringement Notification Recipient to QJAM by email that includes substantially the following:

• A physical or electronic signature of the Infringement Notification Recipient;
• 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;
• A statement under penalty of perjury that the Infringement Notification Recipient 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
• The Infringement Notification Recipient’s name, address, and telephone number, and a statement that the Infringement Notification Recipient consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Infringement Notification Recipient ‘s address is outside of the United States, for any judicial district in which QJAM may be found, and that the Notification Recipient will accept service of process from the person who provided notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

• QJAM shall promptly provide the complaining party, with a copy of the Counter Notification;
• QJAM shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
• QJAM shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided QJAM’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain the Infringement Notification Recipient from engaging in infringing activity relating to the material on QJAM’s network or system.

ACCOUNT TERMINATION

QJAM reserves the right to terminate the account of, or block access to QJAM for, any Infringement Notification Recipient who has been alleged to infringe copyrights.

ADDITIONAL TERMS APPLICABLE TO USERS OF IOS DEVICES

If you installed or downloaded our App via Apple, Inc.’s iTunes Store (“Apple”):

(a) you agree that these Terms are concluded between you and us only (and not with Apple), that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary;
(b) you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our App;
(c) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App;
(d) you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Apple of such failure and Apple will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App; and
(e) Apple will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.

LIABILITY

WE WILL DO OUR BEST TO ENSURE QJAM RUNS SMOOTHLY, BUT WE CANNOT GIVE ANY GUARANTEES THAT IT ALWAYS WILL (PARTICULARLY GIVEN THAT WE RELY ON THIRD PARTIES IN PROVIDING QJAM TO YOU). QJAM IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND ON BEHALF OF OUR AFFILIATES, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION:

(A) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND NON-INFRINGEMENT;
(B) THAT QJAM WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, VIRUS-FREE OR ERROR-FREE;
(C) THAT CONTENT DISPLAYED OR OBTAINED VIA QJAM WILL BE ACCURATE OR RELIABLE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND
(D) THAT THE RESULTS OF USING QJAM WILL MEET YOUR REQUIREMENTS.

IN NO EVENT WILL QJAM, OR ITS LICENSORS, SUPPLIERS OR AFFILIATES, BE LIABLE, TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO QJAM FOR:

(A) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES;
(B) ANY LOST PROFITS OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES;
(C) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;
(D) FOR BUSINESS LOSSES OR LOSSES TO NON-CONSUMERS;
(E) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF QJAM;
(F) ANY LOSS OR DAMAGE ARISING FROM USER GENERATED CONTENT (AS SET OUT ABOVE) OR ANY ACTIONS OR OMISSIONS THAT YOU TAKE IN RELIANCE UPON IT;
(G) ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL; OR
(H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).

YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH QJAM IS TO DISCONTINUE ANY USE OF OUR SITE AND/OR OUR APP.
IF FOR ANY REASON, YOU DO BRING A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF QJAM, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED $50.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS QJAM, OUR CONTRACTORS, AND OUR LICENSORS, SUPPLIERS, AND AFFILIATES, AND ALL RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF, MISUSE OF, OR ACCESS TO QJAM, OR ANY CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO OUT OF YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY ON QJAM) BREACH OF THESE TERMS OR THE TERMS OF ANY THIRD PARTY LOGIN SERVICE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

CHANGES AND TERMINATION

We may change, suspend, restrict or terminate any or all features of, or your access to, QJAM at any time for whatever reason, or for no reason. We will use our best efforts to give you reasonable notice of any such changes/termination wherever possible but we will not be liable to you or to any third party for any changes, suspension, or restriction to, or termination of, QJAM.

If we have to terminate your access to QJAM as a result of you having breached these Terms or because you have brought a claim against us, you will not establish another account with us for a period of not less than 6 years from the date of termination.

You can terminate your access to QJAM at any time by closing down the App and deleting it from your computer or access device, or – in the case of our Site – logging out and navigating to another site.

GOVERNING LAW

The laws of the United Kingdom apply to these Terms, without regard to conflict of law rules. You agree that the courts located in London, England shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms.

ADDITIONAL LEGALS

QJAM reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership, agency relationship, or joint venture between you and QJAM. Should any term or provision be deemed invalid, void or unenforceable either in part or its entirety, it shall be severed and the remainder of these Terms shall remain in full force and effect. Our failure at any time to require performance of any term shall in no manner affect our right at a later time to enforce the same term unless this right is waived by us in writing. These Terms together with our Privacy Policy constitute the final, complete and exclusive agreement with respect to your use of QJAM. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnification and limitation of liability provisions. If you do not agree, or cannot comply, with these Terms, you must stop using QJAM and terminate your account with us. In the event of any inconsistency between terms located on our Site and terms of our App, the terms on our Site will prevail to the extent of any inconsistency.

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.