Terms & Conditions
Thank you for downloading YouJam (the “App”), SoLoc Inc.’s (“SoLoc” or “we” or “our” or “us”) mobile media application. These Terms of Use (“Agreement”) govern your use of the App, including the distribution by SoLoc of media you create and access through use of the App (“Media”) and through the methods and channels enabled by SoLoc, as such methods and channels may be modified from time to time (such distribution, the “Service”). Please read this Agreement carefully, as it (among other things) requires in Sections 13 and 14 that you and SoLoc arbitrate certain claims instead of going to court and limits class action claims. Please read this Agreement carefully, and press “Accept” if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at http://YouJam.co. Your acceptance of this Agreement creates a legally binding contract between you and SoLoc. If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the App or Service. Note for Children . Use of the App and Service by anyone under the age of 13 is prohibited.
1. Privacy Policy. SoLoc’s Privacy Policy, accessible under a link at http://youjamapp.webflow.io/, describes the collection, use and disclosure of data and information (including location and usage data) by SoLoc in connection with the App and Service. The Privacy Policy, as may be updated by SoLoc from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.
2. License to Use the App. Subject to your compliance with all the terms and conditions of this Agreement, SoLoc grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App on a compatible mobile device to create Media and post and share such Media through the Service for your personal, non-commercial purposes, in each case in the manner enabled by SoLoc. Any use of the App or Service other than for private, non-commercial use is strictly prohibited.
3. Ownership; Proprietary Rights. As between you and SoLoc, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Media you create, subject to the licenses granted to SoLoc and other App users herein. As between you and SoLoc, SoLoc owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App and Service, including all usage and other data generated or collected in connection with the use thereof (the “SoLoc Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the SoLoc Materials.
4. Mobile Services. Use of the App and Service requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App and Service.
5. Third Party Sites. The App and Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that SoLoc is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
6. Media. 6.1 The Service allows you and other users to post and share Media through the App, and may also allow you to share Media on certain third party media properties (such shared or posted Media, “Shared Media”). Third party media properties where you can share Media are subject to change from time to time. You understand that the Service is provided to you only on an “as-available” basis and SoLoc does not guarantee that the availability of the Service or Shared Media will be uninterrupted or bug free. You agree you are responsible for all of your Shared Media and all activities that occur under your user account. 6.2 You acknowledge that all Media is stored on your device and you are responsible for any media that you create and share. At a later point, we might release an update that stores media on our Servers. Media that you specify should not be shared with any third party (“Personal Media”) will not be intentionally distributed by SoLoc to third parties. However, as is the case with similar social and media sharing services, your Personal Media is not completely secure and you acknowledge that it may be accessed by third parties. If you choose to close your Service account, Shared Media will no longer be made available through the Service and your log-in will be disabled, but your account information and Media will remain on our servers. 6.3 You shall retain all of your ownership rights in your Media. You hereby grant SoLoc a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your Media, and to additionally distribute and publicly perform Shared Media in connection with the App, Service and SoLoc’s (and its successor’s) business, in any media formats and through any media channels. SoLoc agrees not display your Media in any advertising materials without your consent, other the display of Shared Media on web sites owned or controlled by SoLoc (such as http://www.SoLoc.com). You also hereby grant to each user of the App and Service a non-exclusive license to access and view your Shared Media, and to use, reproduce, distribute, prepare derivative works of, display, and perform your Shared Media as permitted by the functionality of the App and Service and this Agreement. The aforementioned licenses will terminate with respect to any particular item of your Shared Media when you or SoLoc remove it from the Service, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that such licenses survive to the extent necessary for a copy of your Media to be retained by SoLoc. 6.4 In connection with your Media, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoLoc all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. SoLoc may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Service without your authorization, you may email us at [email protected] to notify SoLoc’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that SoLoc remove such content from the Service. 6.5 You hereby acknowledge that you may be exposed to Shared Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the App and Service, and further acknowledge that SoLoc does not control the Shared Media posted by App users and does not have any obligation to monitor such content for any purpose. However, SoLoc has zero tolerance to objectionable content of any form. If you encounter Shared Media that you believe is inappropriate, you can flag and report such content to SoLoc using appropriate features within the application. SoLoc will review and take appropriate action, including but not limited to deleting objectionable content, ejecting the user who provided the offending content, based on its reasonable discretion and in accordance with its usage terms and conditions, within 24 hours of reporting. Moreover, we have in-house moderators to flag and remove inappropriate content and offensive users in a proactive manner.
7. Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the App or Service, you represent and warrant that: (i) you are not located in any 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. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting the App from your device and ceasing use of the Service. You may also terminate this Agreement at any time, for any reason or for no reason, by notifying us via e-mail at [email protected] that you are terminating your App account. In such notice, you may also request that we delete from our servers all of the Media you have posted through the App. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup systems until regularly scheduled deletions occur. You agree that SoLoc, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service. SoLoc may also in its sole discretion and at any time discontinue providing the App or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that SoLoc shall not be liable to you or any third-party for any such termination. Sections 3-5, 6.3, and 7-16 will survive any termination of this Agreement.
9. Apple. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
10. Disclaimers; No Warranties. THE APP AND SERVICE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP OR SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOLOC, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOLOC, AND ITS LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE APP AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Indemnification; Hold Harmless. You agree to indemnify and hold SoLoc, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App or Service, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of SoLoc’s willful misconduct or gross negligence. SoLoc reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
12. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOLOC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE APP OR SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH SOLOC, EVEN IF SOLOC OR A SOLOC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, SOLOC’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SOLOC’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP OR SERVICE EXCEED FIFTY U.S. DOLLARS.
13. Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
14. Class Action Waiver. You agree that anY CLAIMS subject to arbitration under section 13 MUST BE MADE IN YOUR INdividual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Claims. YOU AND SOLOC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Miscellaneous. SoLoc may make modifications, deletions and/or additions to this Agreement at any time. We will notify you of material changes to this Agreement via e-mail sent to the e-mail address associated with your account. Your continued use of the App and Service beginning seven (7) days after notice of changes is sent by SoLoc constitutes your binding acceptance of such changes. Under this Agreement, you consent to receive communications from SoLoc electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.You agree that any action at law or in equity arising out of or relating to this Agreement, the App or the Service that is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoLoc without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by SoLoc as set forth herein.
17. Contact Information. If you have any questions, complaints or claims with respect to this Agreement, the App or the Service, you may contact us at the following: YouJam Admin – [email protected]