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Terms of Service

Last modified on April 27, 2022

PLEASE READ THESE TERMS OF SERVICE AND THE POPJAM PRIVACY POLICY CAREFULLY BEFORE USING THE POPJAM PLATFORM (AS DEFINED BELOW). BY USING THE POPJAM PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE AND THE POPJAM PRIVACY POLICY (TOGETHER, THE “POPJAM USER AGREEMENT”).

1. Introduction & Who May Use PopJam Platform

These terms of service (“Terms”) apply to your download and use of 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 such as the PopJam Portal (defined below), 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  Octagon Point, 5 Cheapside, London, United Kingdom, EC2V 6AA and its affiliate companies (collectively referred to herein as “SuperAwesome,” “us”, “we” or “our”) 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”).

We update these Terms from time to time. Please check these Terms regularly to ensure you understand the Terms that apply at that time. By using the PopJam Platform you agree to be bound by these Terms. If you do not agree to be bound by these Terms then please do not use, 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. By allowing a child for whom you have responsibility to use the PopJam Platform, you agree to these Terms on the child’s behalf. 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 these Terms, please contact us at legal@superawesome.com

These Terms refer to the following additional terms, which also apply to your use of the PopJam Platform:

  • our Privacy Policy, which describes how we handle the personal information you provide to us when you use the PopJam Platform; 
  • our PopJam Rules, which sets out some do’s and don’ts for the protection of the PopJam community.

2. Your PopJam Account

Use of PopJam requires the creation of an Account. When you download PopJam you are prompted to create an account (“Account”). PopJam may ask you to provide information, such as your age, as part of your Account to participate in certain features or to access certain content. You agree that you will not provide any false information to PopJam, or create an account for anyone other than yourself without their permission. You will also not create more than a reasonable number of personal accounts, 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 provide a password for your PopJam account, 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 PopJam. You accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your Account or any passwords used on the PopJam Platform. We may, in our sole discretion, and at any time, with or without notice and without any liability to you, disable, terminate or suspend your 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

We grant you a personal, worldwide, royalty free, revocable, non-exclusive, non-transferable, non-assignable, limited right and license to access the PopJam Platform for your personal use only, provided that you comply fully with these Terms. You shall not (or permit another person to) interfere or attempt to interfere with the operation or use of the PopJam Platform by other users in any way through any means or device.

In consideration for us granting you access to and use of the PopJam Platform, you agree that we 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

We  reserve the right, in our sole discretion, to (temporarily or permanently) change, modify, update, discontinue, suspend, remove, revise, delete or otherwise alter any part of the PopJam Platform 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. 

We will try to notify you of material changes to the PopJam Platform or these Terms by placing a notice on PopJam or in any other form we deem suitable. By continuing to access or use the PopJam Platform after any revisions or changes these Terms become effective, you agree to be bound by the revised Terms.

5. Rights

The PopJam Platform, including all of its software and Content (including “Hub Content”, as defined below, but excluding “User Content”, as defined below) is owned by us and/or our licensors and is protected by copyright, trade mark and other laws in the U.K. and foreign countries. Except as expressly permitted herein, or as we and/or our licensors may otherwise permit in writing, 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 to the PopJam Platform or its Content. Nothing contained in these Terms should be construed as granting you any license or right to use the PopJam Platform or Content in any manner not specifically mentioned in these Terms. All right, title and interest in and to the PopJam Platform and its Content (excluding User Content) are and will remain our exclusive property (or that of our 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. 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 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 us  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 us, 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. 

We have a set of terms for how PopJam 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 we are 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 Platform 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.

If you believe that use of Content appearing on the PopJam Platform has been used in a way that constitutes copyright infringement, please report this by submitting a copyright/DMCA Notice to our designated copyright agent as follows: 

SuperAwesome DMCA Notice

Shepherd And Wedderburn LLP

Octagon Point

5 Cheapside

London, United Kingdom, EC2V 6AA

Number: +44 (0) 203 668 6677

Email: legal@superawesome.com

 

Include all of the following in your copyright/DMCA Notice:

  1. Your name, 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. The following statement: I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. 

 

If you believe that use of Content appearing on the PopJam Platform has been used in a way that constitutes trade mark infringement, please report this by contacting us at legal@superawesome.com and please provide the following information:

 

Please include all of the following in your trademark complaint:

  • Your name and email address
  • Name of the trademark owner, and your relationship to the trademark owner.
  • Trademark details including registering authority, registration jurisdiction, and registration number.
  • The material that you claim is infringing, including a description of where the material is located.

7. PopJam Portal

These Terms apply to the PopJam Portal. If you join the PopJam Portal, then you agree that:

  1. Joining the PopJam Portal does not automatically mean you will be invited to join a JAM gaming experience (“JAM Event”). To join a JAM Event, you must:
    1. have an account with the relevant game/ any applicable platform, and you must comply with the terms and conditions relating to that game and platform; 
    2. successfully register for the JAM Event, and be selected to join. Unless otherwise provided in the rules or details for a specific JAM Event (“Event Rules”), we will invite the first 49 users who have successfully registered for the applicable JAM Event (unless a different number is specified for an applicable JAM Event); and 
    3. arrive for the JAM Event by the entry cut-off time prescribed by the Event Rules (“Event Cut-Off”). If you do not arrive by the Event Cut-Off, we may, at our sole discretion,  allocate your place to someone else, and where this occurs we cannot guarantee that you will additionally be able to join the JAM Event.   
  2. If you do participate in a JAM Event, then you must comply with the PopJam Rules, the Platform Guidelines set out in section 9 below, and any Event Rules. 
  3. We record the gaming experiences on the PopJam Portal (including the chat within JAM Event experiences) (“Hub Content”).
  4. The Portal Content, including any recordings, is owned by us. We may copy and adapt these recordings, make them visible on the PopJam Platform, and license, sell and otherwise commercially exploit these recordings and allow third parties to do so.

8. Third Party Sites

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.

9. Platform Guidelines

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. In addition to complying with the PopJam Rules, Users of the PopJam Platform must not:

 

  1. harass, threaten, embarrass or cause distress or discomfort upon another PopJam user, or other individual or entity;
  2. 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;
  3. 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;
  4. misrepresent yourself, your age or your affiliation with any person or entity, impersonate any person or entity, including but not limited to, a PopJam official, chat or message board leader, guide or host, or make false or misleading statements;
  5. disrupt the normal flow of dialogue in a PopJam chat room or otherwise act in a manner that negatively affects other participants;
  6. post or transmit any unsolicited advertising, promotional materials, or undertake any other forms of solicitation or commercial activity on the PopJam Platform;
  7. 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;
  8. invade the privacy or violate any personal or proprietary right of any person or entity;
  9. infringe the intellectual property rights or similar rights in any jurisdiction, including but not limited to copyright and trademarks, of any person or entity;
  10. 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;
  11. collect information identifying users of the PopJam Platform by electronic or other means without authorization from the person(s) affected;
  12. upload, post, transmit, send, share, store, distribute or otherwise make available on the PopJam Platform any private or sensitive information, materials content that includes any personal information about yourself or any other individual;, including, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers; and/or
  13. 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.

10. User Disputes

You are solely responsible for your interactions with other PopJam users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

11. Termination

You may end your legal agreement with us at any time by discontinuing your use of the PopJam Platform. We may suspend or terminate access to 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 these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the PopJam Platform is no longer commercially viable; or (iv) we decide to cease supplying PopJam without replacement or successor.

12. Disclaimer

The PopJam Platform may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons outside our control. We assume 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 email 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 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, WE, OUR PARENT COMPANIES, 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 POPJAM PLATFORM BEING CORRECT, ACCURATE, RELIABLE, SECURE, OR OTHERWISE MEETING YOUR REQUIREMENTS.

13. Limitation of Liability

YOU AGREE THAT WE AND OUR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, 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 WE ARE AWARE OR HAVE 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 THEN POPJAM PLATFORM.

IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED THE GREATER OF £50 (FIFTY POUNDS STERLING). 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 WE HAVE 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. Miscellaneous

These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all other written or oral agreements. 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 us 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). 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.