Terms of Service
Thank you for your interest in using the online services (the "Services") operated by UJAM, Inc. and its affiliated companies (collectively, "UJAM") and offered through the website located at www.UJAM.com (the "Site").
These Terms of Service ("Terms") govern your use of the Services and the Site (collectively, the "UJAM Network"). Please read these Terms carefully.
By using the UJAM Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the UJAM Network.
1. YOUR RESPONSIBILITIES.
2. USER SUBMISSIONS.
UJAM does not claim ownership of any information, data, text, music, sounds, software, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the UJAM Network. (collectively, "User Submissions"). As between UJAM and you, you own all rights to and all responsibility for your User Submissions. UJAM reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. UJAM does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. UJAM is not required to host, display, or distribute any User Submissions, and may remove or refuse any User Submissions at any time. UJAM is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and UJAM's authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, copyright and other intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
If you choose to provide technical, business or other feedback to UJAM concerning the UJAM Network or any UJAM products or services (collectively, "Feedback"), UJAM will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by UJAM of Feedback into any of its products or services does not grant you any proprietary rights therein.
4. RANKINGS AND ORDERINGS.
From time to time UJAM may list files in an order that implies that one file is "ranked" higher or lower than another (e.g., is "better than" or "listened to more often than" or "commented on more often than"). There may be many other bases for such rankings.
You acknowledge and agree that and UJAM intends at all times to clearly set forth the basis for making rankings directly and obviously. However, you acknowledge and agree that any such rankings are based on many factors, both quantitative and qualitative, and that you have placed no particular reliance on any such rankings. You understand that they are based on factors determined by UJAM from time to time in its sole discretion.
5. COPYRIGHT INFRINGEMENT.
UJAM respects the intellectual property rights of others. Accordingly, UJAM has a policy of removing any User Submissions that violate copyright law, suspending access to the UJAM Network (or any portion thereof) to any user who uses the UJAM Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the UJAM Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, UJAM has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the UJAM Network, please provide written notice to the following UJAM agent for notice of claims of copyright infringement.
- UJAM, Inc.
- ATTN: Copyright Agent
- Mark Kvamme
- 205 Spokane Avenue
- Whitefish, MT 59937
- email: firstname.lastname@example.org
- Fax: +1 (406) 862-3591
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow UJAM to locate that material; (d) contain adequate information by which UJAM can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to UJAM's designated agent.
UJAM may terminate your UJAM Network membership or suspend your access to all or part of the UJAM Network, without notice, if you violate these Terms or you engage in any conduct that UJAM, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of UJAM, any other UJAM Network user, or any third party. You may discontinue your participation in and access to the UJAM Network at any time.
7. MODIFICATIONS TO TERMS.
UJAM may, in its sole and absolute discretion, change these Terms from time to time. UJAM will post notice of such changes on the Site. If you object to any such changes, your sole recourse will be to cease using the UJAM Network. Continued use of the UJAM Network following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
8. MODIFICATIONS TO UJAM NETWORK.
UJAM reserves the right to modify or discontinue the UJAM Network with or without notice to you.
UJAM reserves the right at any time to charge fees for access to new UJAM Network content or services or to portions of the existing UJAM Network content or services or to the UJAM Network as a whole. In no event will you be charged for access to any UJAM Network content or service, or to the UJAM Network as a whole, unless UJAM obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply in addition to those set forth in Section 10 of these Terms, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
If you subscribe to any Service provided through the UJAM Network, you agree to pay the subscription fee identified at the time you subscribes for the subscription type you select. At the time you subscribe, you will be asked to select the time period (subject to any identified minimum period) for your subscription (the "Subscription Period"). At the end of the Subscription Period, unless you previously have cancelled your subscription, your subscription will automatically renew for successive Subscription Periods and (upon renewal) your credit card will be charged the then-applicable subscription fee for your Subscription Period. UJAM reserves the right at any time to change the fees it charges for subscriptions to any Service provided through the UJAM Network (or any portion thereof). However, in no event will any such change apply to any Subscription Period for which you already have paid. It is your responsibility to determine if you would like to use any such service BEFORE subscribing. Once you have paid a subscription fee, a refund cannot be given. If, however, you are having problems accessing any Service to which you have subscribed, have contacted UJAM, have exhausted all support options that UJAM provides to assist you with technical problems, and are still unable to access that Service, UJAM will refund the subscription fee you have paid. These are the ONLY circumstances under which you will receive a refund of any subscription fee you have paid. In no event will you receive a refund if UJAM terminates your membership under Section 6 of these Terms.
11. PASSWORD AND SECURITY.
You are responsible for maintaining the confidentiality of your UJAM Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify UJAM of any unauthorized use of your password or any other breach of security related to the UJAM Network. UJAM reserves the right to require you to alter your password if UJAM believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.
UJAM's provision of a link to any other website or Internet resource is for your convenience only and does not signify UJAM's endorsement of such other website or resource or its contents. You agree that UJAM will have no responsibility or liability for any information, software, or other materials found at any other website or Internet resource.
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE UJAM NETWORK IS AT YOUR SOLE RISK. THE UJAM NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UJAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE UJAM NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). UJAM MAKES NO WARRANTY THAT THE UJAM NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE UJAM NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, SOUND FILES, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE UJAM NETWORK IS NOT GUARANTEED AND THAT UJAM WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE UJAM NETWORK OR ITS UNAVAILABILITY.
UJAM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UJAM NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE UJAM NETWORK, OR THAT DEFECTS IN THE UJAM NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UJAM NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UJAM OR THROUGH THE UJAM NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL UJAM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE UJAM NETWORK AND (B) ONE HUNDRED DOLLARS ($100.00) RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE UJAM NETWORK.
15. EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that UJAM may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of UJAM's liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless UJAM and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. UJAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with UJAM's defense of such claim.
"UJAM" and the UJAM logo, and certain other of the names, logos, and materials displayed in the UJAM Network, constitute trademarks, trade names, or service marks ("Marks") of UJAM or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with UJAM or those other entities.
18. COPYRIGHTS; SOFTWARE; RESTRICTIONS ON USE.
The content on the UJAM Network (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by UJAM or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of UJAM and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. The software applications used by the UJAM Network (the "Software") are the property of UJAM and its licensors. You agree not to attempt to copy, reverse engineer, decompile or otherwise obtain access to the Software, whether in source or object code form.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that UJAM makes available through the UJAM Network and any additional terms to which you agree when using particular elements of the UJAM Network (e.g., terms relating to the payment of fees for certain UJAM Network content or services), constitute the entire and exclusive and final statement of the agreement between you and UJAM with respect to the subject matter hereof, and govern your use of the UJAM Network, superseding any prior agreements or negotiations between you and UJAM with respect to the subject matter hereof. These Terms and the relationship between you and UJAM will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the UJAM Network will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of UJAM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of UJAM and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the UJAM Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the UJAM Network.