PopJam Terms of Service
Version Date: 15 August 2018
1. Introduction & Who May Use the PopJam Platform
These terms of service (“Terms”) govern your access to and use of the website located at www.popjam.com, the related mobile application referred to as “PopJam” and any of the PopJam platform’s services, features, functionalities, widgets, buttons, ads, promotions, contests, forums, tools, kits and any other services or sites that link to these Terms (collectively, the “PopJam Platform”), operated by SuperAwesome Trading Limited, a private limited company incorporated in England (Company Number: 03885555), having its registered office at 8 Duncannon Street, London, England, WC2N 4JF and its affiliate companies (collectively referred to herein as "SuperAwesome," "us" or "we") and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the PopJam Platform (collectively, “Content”).
By using the PopJam Platform you agree to be bound by the PopJam User Agreement. If you do not agree to be bound by PopJam User Agreement, you may not access or otherwise use the PopJam Platform.
If you are under the age of 13 you should ask your parent or legal guardian to give you their permission for you to use the PopJam Platform. If you are a parent or legal guardian, the PopJam User Agreement sets out the terms of the agreement we have with the child you are responsible for. By allowing your child to use the PopJam Platform, you agree to the PopJam User Agreement on your child’s behalf. It is important that you read and understand the PopJam User Agreement before using the PopJam Platform. If you are accepting these Terms and using the PopJam Platform on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.
If you have any questions regarding anything in the PopJam User Agreement, please contact us at firstname.lastname@example.org.
2. Your PopJam Account
Certain parts or features of the PopJam Platform may require registration or the creation of an account (“Account”) or may otherwise ask you to provide information to participate in certain features or to access certain content. You agree that you will not provide any false information to the PopJam Platform, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g. if a trademark owner complains about a username). If you register with the PopJam Platform, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and/or device so that others may not access the password protected portion of the PopJam Platform. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your PopJam account or any passwords used on the PopJam Platform. SuperAwesome may, in its sole discretion, and at any time, with or without notice and without any liability to you, disable, terminate or suspend your PopJam Account, for any reason or no reason at all. If we disable, terminate or suspend your Account, you agree that you will not create another Account without our express written permission.
3. Licence to the PopJam Platform
SuperAwesome grants you a personal, worldwide, royalty free, revocable, non-exclusive, non-transferable, non-assignable, limited right and license to access, use and privately display the PopJam Platform for your personal use only, provided that you comply fully with the PopJam User Agreement. You shall not (or permit another person to) interfere or attempt to interfere with the operation or use of PopJam Platform by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.
In consideration for SuperAwesome granting you access to and use of the PopJam Platform, you agree that SuperAwesome and its third-party providers and partners may place advertising on the PopJam Platform or in connection with the display of Content or information from the PopJam Platform whether submitted by you or others.
4. Changes to PopJam Platform and/or PopJam User Agreement
SuperAwesome reserves the right, in its sole discretion, to (temporarily or permanently) change, modify, update, discontinue, suspend, remove, revise, delete or otherwise alter any part of the PopJam Platform and/or the PopJam User Agreement, in whole or in part, at any time with or without notice. We may also remove or refuse to distribute any Content on the PopJam Platform, suspend or terminate users, and reclaim usernames without any liability to you.
We will try to notify you of material changes to the PopJam Platform or PopJam User Agreement by placing a notice on www.popjam.com or in any other form we deem suitable. By continuing to access or use the PopJam Platform after any revisions or changes to PopJam User Agreement become effective, you agree to be bound by the revised PopJam User Agreement. The most current version of the PopJam User Agreement will be available on www.popjam.com and will supersede all previous versions of the PopJam User Agreement.
5. Trademarks, Copyright & Restrictions
The PopJam Platform, including all of its software and Content (excluding “User Content”, as defined below) is owned by SuperAwesome and/or its licensors and is protected by copyright, trademark and other laws in the U.K. and foreign countries. Except as expressly permitted in the PopJam User Agreement or otherwise in writing by SuperAwesome and/or its licensors (as applicable), you will not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the PopJam Platform or its Content. Nothing contained in the PopJam User Agreement or on the PopJam Platform should be construed as granting you any license or right to use the PopJam Platform or Content in any manner not specifically mentioned in the PopJam User Agreement. All right, title and interest in and to the PopJam Platform and its Content (excluding User Content) are and will remain the exclusive property of SuperAwesome and its licensors (as applicable). Any feedback, comments or suggestions you may provide regarding the PopJam Platform (or any parts thereof) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligations to you.
6. User Content
You are responsible for your use of the PopJam Platform and for any content you provide, post or upload to the PopJam Platform (including on any forums or through other interactive features) including without limitation text, comments, postings, drawings, artwork, designs, video recordings, photographs or any other materials created by you (collectively, “User Content”). You should only provide User Content that you are comfortable publicly sharing with others on the PopJam Platform. You retain the rights to and own any User Content you submit, post or display on or through the PopJam Platform.
By submitting, posting or displaying User Content on or through the PopJam Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed), whether on the PopJam Platform or third party websites or applications. This license authorises us to make your User Content available to any third party as we see fit and to let others do the same. You agree that this license includes the right for SuperAwesome to provide, promote, and improve the PopJam Platform and to make User Content submitted to or through the PopJam Platform available to other companies, organisations or individuals for the embedding, syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by SuperAwesome, or other companies, organisations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the PopJam Platform.
SuperAwesome has a set of terms for how PopJam Platform partners can interact with User Content on the PopJam Platform and to ensure your rights are respected and protected. You understand that we may modify or adapt User Content as it is distributed, embedded, syndicated, published, or broadcast by us and our partners and/or make changes to User Content in order to adapt User Content to different media.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You acknowledge and agree that User Content will not be acknowledged or returned and that SuperAwesome is not obligated to use any User Content you provide to the PopJam Platform.
We do our best to monitor the User Content posted via the PopJam Platform and enforce our Community Guidelines (set out below) to ensure that the PopJam Platform is a safe environment for all its users and in compliance with all applicable laws and regulations. Any use or reliance on any User Content or materials posted via the PopJam Platform or obtained by you through the PopJam Platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the PopJam Platform or endorse any opinions expressed via the PopJam Platform. We do not ultimately control User Content and so cannot take responsibility for it. You understand that by using the PopJam Platform, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility of the person who originated such User Content.
SuperAwesome respects the intellectual property rights of others and expects users of the PopJam Platform to do the same. We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us (in accordance with the information set out below). If you believe that your User Content or other Content appearing on the PopJam Platform has been copied in a way that constitutes copyright infringement, please report this by contacting us at: email@example.com or SuperAwesome, 4th Floor, 8 Duncannon Street, London, England, WC2N 4JF, U.K. and please provide the following information:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Third Party Sites & Content
The PopJam Platform may contain links to third party websites or resources, which may or may not be obvious as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications, advertising, promotions and other content originating from third parties (collectively, “Third Party Content”). Our provision of links to Third Party Content is not an endorsement of any information, product or service that is offered on or reached through such Third Party Content. Such Third Party Content is not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Content, websites or applications accessed through the PopJam Platform or any Third Party Content posted on, available through or installed from the PopJam Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. If you decide to leave the PopJam Platform and access the Third Party Content or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
8. Community Guidelines
By using or accessing the PopJam Platform, you agree to comply with the following Community Guidelines:
a) You are entirely responsible and liable for all activities conducted by you and any authorised user of your Account on the PopJam Platform, including the transmission, posting, or other provision of User Content.
b) Users of the PopJam Platform must not:
(i) harass, threaten, embarrass or cause distress or discomfort upon another PopJam Platform user, or other individual or entity;
(ii) post, upload or provide any User Content that may reasonably be considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
(iii) post, upload or provide any materials or content that include any personal information about yourself or any other individual;
(iv) cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
(v) misrepresent yourself, your age or your affiliation with any person or entity, impersonate any person or entity, including but not limited to, a SuperAwesome official, chat or message board leader, guide or host, or make false or misleading statements;
(vi) disrupt the normal flow of dialogue in a PopJam chat room or otherwise act in a manner that negatively affects other participants;
(vii) post or transmit any unsolicited advertising, promotional materials, or undertake any other forms of solicitation or commercial activity on the PopJam Platform;
(viii) violate any applicable local, state, national or international law or regulations while using or accessing the PopJam Platform or upload or post any illegal or unlawful materials or content;
(ix) invade the privacy or violate any personal or proprietary right of any person or entity;
(x) infringe the intellectual property rights or similar rights in any jurisdiction, including but not limited to copyright and trademarks, of any person or entity;
(xi) use the PopJam Platform in any manner that could damage, impair, disable, overburden or harm the PopJam Platform or circumvent the intended functionality of the PopJam Platform;
(xii) collect information identifying users of the PopJam Platform by electronic or other means without authorization from the person(s) affected;
(xiii) upload, post, transmit, send, share, store, distribute or otherwise make available on the PopJam Platform any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers; and/or
(xiv) upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.
9. User Disputes
You are solely responsible for your interactions with other PopJam Platform users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
From time to time, the PopJam Platform may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the PopJam Platform may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects. To the extent there is a conflict between these Terms and the terms of such official rules, the contests’ or sweepstakes’ official rules will govern the use of material that is submitted by you when you enter the contest or sweepstakes.
You may end your legal agreement with SuperAwesome at any time by deactivating your Account(s) and discontinuing your use of the PopJam Platform.
We may suspend or terminate your Account or cease providing you with all or part of the PopJam Platform at any time for any or no reason, with or without notice, and without any liability to you including but not limited to if we reasonably believe: (i) you have violated the PopJam User Agreement, (ii) you create risk or possible legal exposure for us; (iii) your Account should be removed due to prolonged inactivity; or (iv) our provision of the PopJam Platform to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Account or the next time you attempt to access your Account, depending on the circumstances. In all such cases, the PopJam User Agreement will terminate, including, without limitation, your license to use the PopJam Platform, except that the following sections of these Terms will continue to apply: 5, 6, 12, 13, 15 and 16.
The PopJam Platform may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons outside SuperAwesome’s control. SuperAwesome assumes no responsibility and cannot be liable for any delays, interruptions, errors, defects, omissions, or deletions, related to or arising from the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to user communications, any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software.
THE POPJAM PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUPERAWESOME AND ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS AND LICENSORS DISCLAIM ALL RESPONSIBILITY FOR: (A) THE POPJAM PLATFORM’S PERFORMANCE OR AVAILABILITY AND DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE CORRECTION OF ALL DEFECTS; (C) THE POPJAM PLATFORM BEING FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE POPJAM PLATFORM AND/OR ITS CONTENT NOT VIOLATING ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY; OR (E) THE USE OR THE RESULTS OF THE USE OF THE POPJAM PLATFORM OR ITS CONTENT ACHIEVING A PARTICULAR PURPOSE OR THE PLATFORM BEING CORRECT, ACCURATE, RELIABLE, SECURE, OR OTHERWISE MEETING YOUR REQUIREMENTS.
13. Limitation of Liability
YOU AGREE THAT SUPERAWESOME AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE POPJAM PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY PARTY ON THE POPJAM PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE POPJAM PLATFORM;(D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT; OR (E) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE POPJAM PLATFORM, EVEN IF SUPERAWESOME IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE POPJAM PLATFORM.
IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED THE GREATER OF £1,000 OR THE AMOUNT YOU PAID SUPERAWESOME, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SUPERAWESOME HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. Linking Policy
If you link to the PopJam Platform, we require that you follow these guidelines. You may link only to the PopJam website’s home page, and the link must be in plain text, unless otherwise approved in writing by an authorised representative of SuperAwesome. Any link to the PopJam Platform must not damage, dilute or tarnish the goodwill associated with any SuperAwesome brand names and/or intellectual property, nor may the link create the false appearance that your website and/or organisation is sponsored, endorsed by, affiliated and/or associated with SuperAwesome, PopJam or any other brand or trade name owned by SuperAwesome. You may not “frame” the PopJam Platform or alter its intellectual property or Content in any other way. You may not link to the PopJam Platform from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by SuperAwesome in its sole discretion. SuperAwesome reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that SuperAwesome deems to be inappropriate or inconsistent with the PopJam Platform and/or these Terms.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS POPJAM PLATFORM IN VIOLATION OF THESE TERMS; INFORMATION, CONTENT OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR SUPERAWESOME’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN SUPERAWESOME’S DEFENSE OF ANY CLAIM. SUPERAWESOME RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF SUPERAWESOME.
These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all other written or oral agreements. These Terms may not be amended, nor any obligation waived, without SuperAwesome’s written authorisation. Any failure or delay to enforce any provision of these Terms shall not constitute a waiver of any such provision.
These Terms and any disputes arising between you and SuperAwesome shall be governed and construed in accordance with the laws of England (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws). All disputes relating to or arising in connection with these Terms and/or the PopJam Platform will be subject to the exclusive jurisdiction of the courts of England.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
For any questions, suggestions, or concerns related to these Terms, please email us at firstname.lastname@example.org.