Effective Date: September 1, 2011
THIS LEGAL AGREEMENT BETWEEN YOU AND JAMMIT, INC., A DELAWARE CORPORATION, (“JAMMIT”) GOVERNS YOUR USE OF THE JAMMIT STORE SERVICE (THE “SERVICE”). This Agreement is in addition to, and not in lieu of, the Jammit End User License Agreement (www.jammit.com/eula) to which you must also agree in order to download the Jammit Application to your hard drive (“Application” means the “Software” and “Content” as defined in the Jammit License Agreement). By clicking the “I Accept” button for the Jammit Application or otherwise beginning use of the Jammit Application, you agree to both the terms of this Agreement and the Jammit End User License Agreement. The Jammit End User License Agreement is hereby incorporated by reference hereto and made a part of this Agreement.
The Jammit Store Service
Jammit is the provider of the Service, which permits you to purchase digital content ("Content") for end user use only under the terms and conditions set forth in this Agreement.
Requirements For Use of the Service
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use, and is required for Content downloads. The latest version of the Jammit Software is recommended to access the Service and may be required for certain transactions or features and to re-download Content previously purchased from the Service. You agree that these requirements, which may change from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
As a registered user of the Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Jammit of any security breach of your Account. Users are limited to authorizing Jammit Software and Jammit Content on their own devices. Content and Software are not to be shared with devices other than your own. Jammit shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that Jammit may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
Jammit reserves the right to change content options (including eligibility for particular features) without notice.
Use of Purchased Content
You agree that the Service and certain Content include security technology that limits your use of Content and that, whether or not Content are limited by security technology, you shall use Content in compliance with the terms of this Agreement, of the License Agreement, and of any applicable usage rules established by Jammit distributors (collectively, the “Usage Rules”), and that any other use of the Content may constitute copyright infringement. Software and Content are uniquely identified for each user and in the event of illegally shared content can be traced back to the user. Any security technology is an inseparable part of the Content. Jammit reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Jammit for compliance purposes, and Jammit reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by Jammit for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use Content only for personal, noncommercial use. You are not authorized to distribute Content to any commercial or non-commercial website, video-sharing site or network except where certain promotions authorized by Jammit and associated rights holders have specifically authorized such activity, and such use is subject to the rules of that particular promotion.
(ii) You shall be authorized to use Content on three authorized and compatible devices at any time.
(iii) You shall be able to store Content on up to three compatible devices at any time.
(iv) The Jammit License Agreement defines the authorization and deauthorization process of any content on a given device. Any abuse of the authorization or deauthorization process will result in the termination of your Account and/or civil or criminal penalties including possible monetary damages for copyright infringement. Any action by a user that has been deemed by Jammit to be an abuse of the authorization or deauthorization process may result in the user having to repurchase applicable Content.
Refund and Cancellation Policy
You agree that all Content you purchase from Jammit are final and Jammit is NOT obligated to issue any refunds or cancellation of Content, but Jammit may provide a refund of Content you purchase at Jammit’s own discretion.
Copyright and Ownership
- Jammit owns intellectual property rights to any protectable part of the Website, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Website owned by Jammit.
- Any words, definitions, or other information that you may post on the Website (collectively, “Submissions”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submissions and the consequences of posting or publishing it.
- When you post Submissions on the Website, you agree to grant Jammit an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Submissions on the Website, on services affiliated with the Website and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future. By posting Submissions to the Website, you hereby represent and warrant that you have the right to post that Submissions and to grant the foregoing rights to Jammit.
- Jammit is not liable for any damages or losses resulting from the Website transmitting information such as personal messages over unencrypted networks such as email.
- Jammit respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the editor accounts of users who repeatedly infringe others' rights.
- If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Jammit's copyright agent as set forth in the Jammit License Agreement.
Certain Content, materials and services available via the Service may include materials from third parties. Jammit may provide links to third-party websites as a convenience to you. You agree that Jammit is not responsible for examining or evaluating the content or accuracy and Jammit does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Content, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Jammit is not in any way responsible for any such use by you.
You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Jammit shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Content types and descriptions are provided for convenience, and you agree that Jammit does not guarantee their accuracy.
You agree that the Service, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Jammit and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Jammit and its licensors reserve the right to change, suspend, remove, or disable access to any Content or other materials comprising a part of the Service at any time without notice. In no event will Jammit be liable for making these changes. Jammit may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Jammit and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Jammit, the Jammit logo, and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Jammit Inc, in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Certain Content is restricted by territory. Any attempt to circumvent or obtain Content that is restricted in your territory will be subject to penalties or suits from Jammit or the third party rights holders of the Content, as applicable.
If you fail, or Jammit suspects that you have failed, to comply with any of the provisions of this Agreement, Jammit, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
Jammit reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Jammit will not be liable to you or to any third party should it exercise such rights.
Disclaimer of Warranties; Liability Limitation
JAMMIT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME JAMMIT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU MAY BE REQUIRED TO RE-DOWNLOAD AND ACCESS PREVIOUSLY PURCHASED CONTENT IN THE EVENT OF A SOFTWARE UPDATE ON ANY AUTHORIZED DEVICE AT ANY GIVEN TIME.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY JAMMIT) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL JAMMIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JAMMIT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USERS ARE NOT PERMITTED TO MAKE DERIVATIVE WORKS OF CONTENT OR DISTRIBUTE CONTENT THROUGH ANY MEANS SUCH AS FILE SHARING NETWORKS, WEBSITES, VIDEO SHARING SITES, WIRELESS OR ANY NETWORK THAT ALLOWS TRANSMISSION OF DATA.
JAMMIT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND JAMMIT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
JAMMIT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND JAMMIT DISCLAIMS ANY LIABILITY RELATING THERETO. CONTENT CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD JAMMIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY JAMMIT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM JAMMIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF JAMMIT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Jammit reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Jammit and governs your use of the Service, superseding any prior agreements between you and Jammit. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Jammit’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Jammit will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Jammit may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
Jammit reserves the right to take steps Jammit believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Jammit has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Jammit believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Jammit’s right to cooperate with any legal process relating to your use of the Service and/or Content, and/or a third-party claim that your use of the Service and/or Content is unlawful and/or infringes such third party's rights).