Terms and Conditions
1.1. The website jamtag.co ("the Website")
2. IMPORTANT INTRODUCTION
2.1. These are the Website terms and conditions of use ("Terms"), which apply to your use of the Website. By accessing the Website you agree to be bound by these Terms.
2.2. If you do not wish to be bound by the Terms you should not access or use the Website.
3. USER ACCOUNTS
3.1. In order to use some parts of the Website, you may need to create an account ("User Account"). You can create a User Account on the Website using via a Facebook account. When logging in or creating a User Account via Facebook, Jam Tag will ask the nominated application for permission to access selected data, which enables the service to work. This data is stored by us against your profile. When you login the application will check for any changes and update your User Account. Additionally if you amend details about yourself within your User Account this data will be retained as the master copy of your data. If you choose to deactivate your User Account all your data will be deleted by us.
3.2. You must never use another Website user's account without obtaining their prior consent. You are solely responsible for the activity that occurs on your User Account, and so we suggest that you keep your User Account password secure. You must notify us immediately if you are aware of any unauthorised use of your User Account.
4. USING THE WEBSITE
4.1. Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.
4.2. You agree not to:
4.2.1. impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
4.2.2. modify, access or make available data stored on a computer or device which you have accessed through our network, when either: (i) the owner of the data, computer or device has taken steps to prevent you from doing this; or (ii) the owner has expressed a wish that you do not do this;
4.2.3. make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
4.2.4. damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
4.2.5. use the Website in any way to send unsolicited (commercial or otherwise) e-mails or any material for marketing or publicity purposes, or any similar abuse of either;
4.2.6. publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
4.2.7. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
4.2.8. falsify the true ownership of software or other material or information contained in a file made available via the Website; and/or
4.2.9. obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
5. USER SUBMISSIONS
5.1. We may now or in the future allow the submission to the Website of audio and/or other communications or materials by users of the Website (collectively "User Submissions").
5.2. User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
5.3. By submitting any User Submissions to the Website you hereby grant to:
5.3.1. Jam Tag a worldwide, right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the User Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees; and
5.3.2. each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website.
5.4. By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement and the User Submissions you submit:
5.4.1. do not infringe any third party's intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy;
5.4.2. do not violate any law, statute, ordinance or regulation;
5.4.3. are not defamatory, libellous, threatening or harassing;
5.4.4. are not obscene or pornographic;
5.4.5. do not violate any laws;
5.4.6. do not include e-mail addresses or phone numbers, and/or
5.4.7. are not a report of someone else's experience.
5.5. We do not endorse any User Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission conditions and/or breach of any intellectual property rights.
5.6. If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us at firstname.lastname@example.org.
5.7. You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
6. WHAT WE WILL DO
6.1. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
6.2. We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any website partners wherever practical.
7. WHAT WE CAN DO
We can at any time:
7.1.1. Modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
7.1.2. Change these Terms. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
7.1.3. Monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
8. WEBSITE PARTNERS
8.1. The Website is controlled and offered by us from England.
8.3. Third party links (including advertisements) do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.
9.1. You undertake to Jam Tag that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
9.2. You agree to indemnify Jam Tag, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Website, and all the information and graphic representations or images on it ("Content") are owned by, or licensed to, Jam Tag. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Jam Tag or its licensors.
10.2. You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
10.3. Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
10.4. You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
Jam Tag may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
11.1.1. There is a regulatory or statutory change limiting the ability to provide access to the Website;
11.1.2. There is any event beyond the reasonable control of Jam Tag preventing Jam Tag from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
11.1.3. Jam Tag considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
12.1. A failure or delay by Jam Tag in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
12.2. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
12.3. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.4. These Terms constitute the entire agreement between you and Jam Tag as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
12.5. The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12.6. Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
12.7. English law governs these Terms. You submit to the exclusive jurisdiction of the English courts.