BOOK A JAM TERMS OF SERVICE
Effective Date: November 29, 2016
Book a Jam reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms. Such action may include cancelling your account, terminating your license to use the Service, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by Book a Jam.
1. Service Description. For the purposes of these Terms, the term “Service” means all functionality associated with the App, which enables users (“Users”): (a) to list an appropriate practice space (“Space”) to other Users for the purpose of musical practice sessions; and (b) to make arrangements to rent a listed space; and (c) to send and receive notifications and messages to and from other Users, together with any future modifications and enhancements that may be provided by us.
2. End User License Agreement (EULA).
(a) Our License to You: Book a Jam hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the App. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. Book a Jam retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Book a Jam.
(b) Your Agreements: You agree that we may copy, distribute, and display the information included in your Book a Jam profile, including your name, email, address, photographs, and information listed in third party social media accounts to other Book a Jam users with whom you wish to interact in accordance with your account preferences without any obligation to compensate you or any other third party in any way for any such use. Such license that you are granting Book a Jam is royalty-free, perpetual, irrevocable and fully sub-licensable.
3. Age Restriction. The App and the Service are not intended for children under 18 years of age, and you may not use the service or create a user profile if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
4. License Prohibitions. You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Service;
(c) Interfere with or disrupt the Service, or servers and networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Service;
(d) Create additional user accounts for any reason whatsoever, or to access and use accounts other than your own;
(e) Modify the Service in any manner or form, or use modified versions thereof;
(f) Reproduce, print, cache, store or distribute any information or content belonging to Book a Jam without our prior written permission;
(g) Sell, assign, sublicense, or otherwise transfer any right in the Service;
(h) Access the Service by any means other than through the interface that is provided by Book a Jam;
(i) Collect or store personal data about other Book a Jam users; or
(j) Use the Service to violate any law (whether local, state, national, or international).
5. Code of Conduct. You agree to abide by the following Code of Conduct, and to not use the Service to:
(a) Send messages or post images or written content that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
(b) Harm, threaten, or otherwise harass any other User;
(c) Use the Service to display any unsolicited or unauthorized advertising or promotional materials, including (but not limited to) links to third party websites;
(d) List any Space for rent other than one owned by you, or you otherwise have the legal right to rent out in the manner intended by the App;
(d) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Use the Service in a manner that violates the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
6. Using the Service. If you want to use the Service, you must create an account by providing your full name, a username, email address, street address, phone number, and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password. The following terms apply to your use of the Service:
(a) Creating Your Account: You may create an account via Facebook or directly via the App. Once you have created your account, you will have a public profile and your name, contact information, and other information you choose to post may be displayed to other Users, together with any images or social media account information that you choose to add to your profile. Do not include any information in your profile that you do not want to be viewed by other Users. You may adjust how you use the App by adjusting your account preferences and App settings.
(c) Listing and Renting Space: If you list a Space for rent, you are solely responsible for describing the rental terms and conditions, including price, term, and payment arrangements. You are also solely responsible for ensuring that you are not prohibited from renting your Space by local ordinances, covenants, conditions, or restrictions, and that your renter complies with any applicable noise restrictions. You can search for a Space to rent by entering your zip code on the App. Rentals are subject to the specific rental terms and conditions specified in the listing. Rental payments must be made via the App.
7. Advertisers and Links. Our Service may feature third party advertisements, including banner ads, videos, and links. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Service, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Book a Jam shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Service.
8. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Book a Jam, Inc.
Attention: Copyright Agent
1201 No. Van Ness
Santa Ana, CA 92701
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
9. Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our Service. Book a Jam does not vet or monitor its Users, and is not responsible for any of the activities they may engage in. Book a Jam has no part in whatever rental arrangements you enter into with other Users, and your interactions with other Users is solely at your own risk. Any and all disputes regarding the rental of a Space are solely between the parties to the rental, and Book a Jam is not responsible for assisting either party in the resolution of such dispute. In no event shall Book a Jam be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Service, including without limitation to losses incurred due to: (a) the conduct of other Users; (b) software glitches, server failures, power outages, or any other issue beyond Book a Jam’s control; (c) any delays in or failure of the Service to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers; and (e) any other damages that you may incur in connection with your use of the Service.
10. Indemnification: You agree to defend, indemnify and hold Book a Jam, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
11. No Warranty: Book a Jam makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. BOOK A JAM PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
12. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration in Orange County, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13. Choice of Law; Forum: You agree that the Service shall be deemed based in California, and is housed on a passive server that does not give rise to personal jurisdiction over Book a Jam, either specific or general, in any jurisdiction other than California. This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Orange County, California. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14. Limitation of Actions. Any claim or cause of action arising out of your use of the App or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Book a Jam to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
15. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Service and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
16. Entire Agreement. These Terms and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
17. Severability. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
18. For Certain Device Users: The Service may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the Service, the following additional terms apply:
(a) These Terms are between you and Book a Jam only, and not with the Platform Provider. The Platform Provider is not responsible for the Service or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of Book a Jam.
(b) In the unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price (if any); and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
(c) The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Book a Jam is solely responsible for addressing any such claims.
(d) In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, Book a Jam, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
19.Fees. BookAJam will take 12% of original trasaction. Additional/seprate trasaction fee will apply through thrid party payment processing center.
20. Recording Sevices. Book A Jam does not represent/employ any recoring studios or services and is not responsible for the recording, sales or distrabution of any copyrighted meterial or any other creative material used in junction with the Book A Jam application. All creative material will be represented directly from the proprietor or establishment provideing such services. In adistion, all other clames related to or about the third party recording services can be referred to #18 section (c) of the TOS applyed in trelation to the recording feature of the Book a Jam application.
If you have any questions or concerns with respect to these Terms, please see our Support Page.
Book a Jam, Inc.
1201 No. Van Ness
Santa Ana, CA 92701