Updated on June 17, 2024
TERMS OF SERVICE
Please read these Terms of Service (“Agreement”) carefully before using the software offered by Jam City, Inc. and its affiliates and subsidiaries, including JCMO Studios, ULC d.b.a. Ludia (collectively “Company” and “Jam City”). By downloading, using, or accessing the Company mobile application (each an “App”), software, and/or any data or content that is accessed, contained, or utilized in or by the App or software (collectively, the “Software”) in any manner, you agree that you have read and agree to be bound by the terms and conditions of this Agreement. If you do not unconditionally agree to all the terms and conditions of the Agreement, you have no right to use the Software, and you must uninstall the software from all of your devices immediately. Use of the Software is void where prohibited. Use of the Software is also governed by Jam City’s Privacy Policy, which is incorporated into this Agreement by reference.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION & ARBITRATION AGREEMENT.” WHEN YOU AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JAM CITY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION & ARBITRATION AGREEMENT” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
TABLE OF CONTENTS
Access to the Software
Eligibility
Right to Terminate Access and User ID
Software Content
Your Warranty
Restrictions
Warranty Disclaimer
Privacy Policy
Username Registration
Indemnity
Limitation of Liability
Subscription Fees and Payments
Virtual Items and Merchandise Purchases – Fees and Payment
Third Party Websites and Services
Location-Based Features
Termination
Miscellaneous
Dispute Resolution & Arbitration Agreement
Governing Law and Venue
Force Majeure
Copyright Dispute Policy
Rights and Terms for Apps
Contact
1. ACCESS TO THE SOFTWARE. When accessing or using the Software, including browsing any Jam City, Inc. website or accessing a Jam City game, you agree to these Terms of Service and the Privacy Policy. You may also be required to create a publicly-facing username (“Company User ID”) on the Software. Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company’s website (currently located at https://www.jamcity.com), or by sending you a notice via email or via the Software. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
2. ELIGIBILITY
You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to create a Company User IDto use the Software. If you are younger than 18 years old, you may only use the Software if your parent or legal guardian has read and agreed to this Agreement. By using the Software, you represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Software.
You further represent and warrant to Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.
3. RIGHT TO TERMINATE ACCESS AND USER ID
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE COMPANY USER IDs OR ACCESS TO COMPANY SOFTWARE OR PORTIONS THEREOF IF YOU ARE, OR COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SOFTWARE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF COMPANY USER ID TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND OR TERMINATE THE SOFTWARE AND COMPANY USER IDs OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SOFTWARE, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SOFTWARE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, COMPANY MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE COMPANY USER IDs OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
4. SOFTWARE CONTENT. All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 1), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.
In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, “User Submissions”), Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personal data identified in the Company’s current Privacy Policy JAMCITY.com/privacy in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.
You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
“JAM CITY,” “Bingo Pop,” “Cookie Jam,” “Cookie Jam Blast,” “Genies & Gems,” “Juice Jam,” “Panda Pop,” “Lovelink,” “Ludia,” “Solitaire Showtime,” “Wild Things, Animal Adventure,” “Vineyard Valley” and associated logos are trademarks of Company. All rights reserved. All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
5. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.
6. RESTRICTIONS. You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software.
7. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. PRIVACY POLICY. For information regarding Company’s treatment of personal data, please review Company’s current Privacy Policy at www.JAMCITY.com/privacy/, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.
9. USERNAME REGISTRATION. You are not required to create a Company account to play our games. However, as a condition to using some aspects of the Software, you may be required to create a Company User ID. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion.
10. INDEMNITY. You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access and use of the Software, (ii) your violation of this Agreement, and/or (iii) the infringement by you or any third party using your Company User ID of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFORE OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SOFTWARE WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THIS AGREEMENT).
12. SUBSCRIPTION FEES AND PAYMENTS
Some Company games may offer a monthly subscription plan and a free trial subscription. If you purchase a subscription plan, the subscription fee will be charged to your iTunes account if you use an Apple device, and through your Google Play account if you are an Android user. Subscription plan prices may vary depending on your country. Monthly subscriptions will be charged to you at the beginning of your subscription period and will be charged each month thereafter at the then-current rate unless you cancel.
Automatically Recurring Payment
When you purchase a Subscription Plan, you acknowledge that your subscription will automatically renew each month unless you cancel it or disable automatic renewal at least 24 hours before the end of the current monthly subscription period. Unless you cancel your subscription, the payment method you provided will be automatically charged each month the then-applicable monthly subscription fee, within 24 hours of the calendar day corresponding to the date of commencement of your subscription. If your monthly subscription began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Your Subscription Plan will continue until cancelled by you or we terminate access to or use of the Software in accordance with this Agreement.
Free Trials
We offer free trial subscriptions during which you may use the Services for a limited trial period without payment. Free trial subscriptions are only available to new subscribers. Unless you cancel your free subscription prior to the end of your trial, we (or our third-party payment processor) will begin charging you the applicable subscription fee, whether on a recurring basis for a monthly or annual subscription or a one-time basis for a lifetime subscription, until you cancel your subscription. Instructions for cancellation are stated below in the section titled “Cancellation of Subscription” below. If you purchase a subscription plan before your free trial period expires, any unused portion of the free trial period will be forfeited.
Cancellation of Subscription
You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. To cancel, you can turn off automatic renewals in the Account Settings of the Software. If you use the Software on an Apple device, you can also cancel through the Settings on your device. Go to Settings, tap iTunes & App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap Menu and then Subscriptions. Tap the subscription to cancel, and then tap Cancel.
We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. All fees are non-refundable, except as required by applicable law in your jurisdiction.
Subscription Price Changes
The price of subscriptions is subject to change at any time without notice. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied.
13. VIRTUAL ITEMS AND MERCHANDISE PURCHASES – FEES AND PAYMENT. In the Software and through means provided by us, users may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Company games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software or through means provided by us.
Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software or though means provided by us. Other than as expressly authorized, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE OR MEANS PROVIDED BY US ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.
The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Company User ID registered to you. Company may revise the pricing for the goods and services offered through the Software or means provided by us at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A COMPANY USER ID IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
When you purchase Virtual Items or Merchandise from an authorized third party, Company is not a party to the transaction and your purchase will be governed by the third party’s payment and refund terms and conditions. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of the third party when you make a purchase through such third party.
14. THIRD PARTY WEBSITES AND SERVICES. The Software may contain links to third party websites or services that are not owned or controlled by Company. When you access third party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Software and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Software, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website or service.
Jurassic World Alive: NBCUniversal’s content and/or services are integrated into Jurassic World Alive and are required for functionality of the App. When accessing Jurassic World Alive, you also acknowledge and accept NBCUniversal’s privacy policy.
15. LOCATION-BASED FEATURES. If you have enabled GPS, geo-location or other location-based features on any App(s) or feature(s), you acknowledge that your device location will be tracked consistent with the Privacy Policy. However, you can terminate device location tracking by us by uninstalling the App. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based / geo-location services are used at your own risk and location data may not be accurate.
16. TERMINATION. This Agreement shall remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device. If you have an automatically renewing subscription, please follow the instructions in the “Cancellation of Subscription” section above to cancel your subscription. Company may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. Any fees paid hereunder are non-refundable, unless provided by applicable law in your jurisdiction. Refund requests should be directed to the App Provider. Apple’s terms can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html; Google’s terms can be found at https://play.google.com/intl/en-us_us/about/play-terms/index.html.
Upon termination of your Company User ID, your right to use the Software, access will immediately cease. Sections 4, 7, 10 and 11 shall survive termination.
17. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jam City. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications provided by Jam City under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Both parties agree that this Agreement, including the incorporated Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
18. DISPUTE RESOLUTION & ARBITRATION AGREEMENT. Please read this section carefully as it limits the manner in which we can seek relief from each other. This Section 18 only applies to you if you are a resident of the United States or if you commence any action against Company in the United States.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
19. GOVERNING LAW AND VENUE. Disputes will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” you agree that the California state and U.S. federal courts located in the County of Los Angeles shall have exclusive jurisdiction over all Disputes that you and Company are not required to arbitrate and you agree to the venue of such courts.
20. FORCE MAJEURE. Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
21. COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Software.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. 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 disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
JAM CITY, Inc.
Legal Dept.
3562 Eastham Drive
Culver City, CA 90232
legal@jamcity.com
22. RIGHTS AND TERMS FOR APPS.
A. Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
1. This Agreement is concluded between you and Jam City, and not with the App Provider, and Jam City (not the App Provider), is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jam City.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, 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, privacy, or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Jam City will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must also comply with all applicable third party terms of service when using the App.
23. CONTACT. If you have any questions, complaints, or claims with respect to the Software, you may contact us at Jam City, Inc., 3562 Eastham Drive, Culver City, CA 90232 or support@jamcity.com.