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TERMS OF USE

 

Dated November 11, 2019

 

Please read these Platform Terms of Use (the “Terms”). The Terms are a contract between you and Geojam Inc. (“Geojam” “we” or “us”), which is applicable and becomes effective as between you and us when you use our mobile applications (“Apps”), web sites (each, a “Site”), including, but not limited to, geojam.com and any other web site hosting our Apps or Sites (regardless of the exact URL), and/or our Services (individually and collectively, the “Platform”), globally, in existence now or in the future. By downloading the App, visiting the Site, or otherwise accessing or using the Platform and/or the Services, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree, you may not use the Platform or any Services.

 

You are referred to herein as “you” or “your” and when we use “you” or “your” we are referring to you and any person, party or entity who accesses the Platform or uses any Services, whether as a User or a Brand, or otherwise.

 

DEFINITIONS

 

“Account” refers to a User Account or a Brand Account as applicable to you.

 

“Affiliates” means a party’s subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them, including without limitation, managers, entertainers, agents, companies, distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants or other representatives.

 

A “Brand” refers to any Person who has a user or fan base and is an artist, performer, celebrity, entertainment venue, or company that offers products and/or services for sale.

 

A “Brand Account” is an account on the Platform intended for Brands with additional functionality to engage with Users through the Platform and reward Users for their engagement and loyalty.

 

“Person” refers to any individual person, corporation, limited liability company, partnership, sole proprietorship, trust, association or other entity. 

 

“Rewards” include, but are not limited to, unique merchandise, prizes, and experiences furnished by Brands or Geojam-provided rewards and experiences. Both Geojam and Brands have flexibility to use the Platform to offer many kinds of unique prizes and one-of-a-kind Rewards, many of which are not generally for sale or available as a service by the Brand. The place where Users can use Jam Points to get Rewards from Brands and Geojam is referred to herein as the “Jam Shop.”

 

“Services” means any features, functions, services, content, rewards, offers or other information available on or through the Platform,

 

“Jam Points” are Geojam’s loyalty reward units used to reward Users for (among other things) engaging with the Platform and performing User actions and used by Users for (among other things) redeeming for Rewards on the Platform. Jam Points are similar to “loyalty points” or a “mileage program” where users can earn and redeem Jam Points like they would with points or miles.

 

“User” refers to any person, fan, or entity that has a standard account (“User Account”) on the Platform that can be used to earn or redeem Jam Points.

 

The words “use” or “using” in these Terms means any time Person, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Platform, receives data from or transmits data to, the Platform, or in any way utilizes, benefits, takes advantage of or interacts with any function, Service or feature of the Platform, for any purpose whatsoever. These Terms do not cover your rights or responsibilities with respect to third party content or any links on the Platform that may direct your browser or your Internet connection to third party websites or web pages.

 

USE OF THE PLATFORM

 

There are portions of the Platform that we make available to the general public without registering for a User or Brand Account and you may visit and browse those portions, including the public geojam.com website, without charge or obligation. Other areas of the Platform are reserved for Brands or Users who open accounts with Geojam (“Reserved Areas”) including Services of the Platform such as earning Jam Points, offering Jam Points, or using Jam Points for Rewards in the Jam Shop.

 

The Platform is offered and made available only to users 13 years of age or older. If your use of the Platform is prohibited or restricted in any way by the laws, regulations, rules or other governmental requirements of the jurisdiction from which you access the Platform or in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Platform immediately. 

 

BY ACCESSING THE PLATFORM: (I) YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE PLATFORM OR YOU ARE AT LEAST 18 YEARS OF AGE AND (II) YOU (OR YOUR PARENT OR GUARDIAN IF APPLICABLE) UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY SERVICES, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON ACCESSING THE PLATFORM.

 

ACCOUNT CREATION

 

To access and participate with the Platform and our Services you will need to create a User Account if you are a User or a Brand Account if you are a Brand. By creating an Account, you agree to: (a) provide accurate, current and complete account information as required, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your Account, (d) accept all risks of unauthorized access to your account and the information you provide to us, and (e) immediately notify us by using the “Contact Us” or “Help” component of the Platform if you discover or otherwise suspect any security breaches related to the Platform. Your Account is personal to you and you are responsible if you allow others to use it. We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, or your authorization of anyone else to use your User Account.


As part of the registration process, you will need to provide us with your email address or mobile telephone number and choose a username and a password . Alternatively, Users may choose to create a User Account by authenticating with their personal Facebook, Google, Twitter, Spotify, Apple Music or Amazon Music, and similar accounts “Social Authentication” with the Platform or via some other equivalent method if made available by us. If a User chooses to join and authenticate via Social Authentication, their personal social media user account will serve as their User Account on the Platform. Your User Account must be unique and not previously registered with the Platform, and we may request that you provide other personally identifiable information such as your mobile phone number, or email address. We may choose to utilize two-factor authentication which may be required by us once your account reaches certain milestones or before certain actions are allowed. For two-factor authentication we will send a secret authorization code to the email address or mobile number you provided (or for Users that registered via Social Authentication to the email address associated with their personal social account) to complete the two-factor authentication set-up. You also understand that we might require you complete certain tax forms and provide tax information if we deem it required in its sole discretion. If a User uses Social Authentication as part of their registration process, then such User is subject not only to these Terms, but also to the terms and conditions of the Social Network used for authentication.


You acknowledge and agree that to ensure the safety of your Account, to counteract invalid or inappropriate use of Jam Points to the extent applicable and to enforce the internal security policies of Geojam, we may use and maintain certain internal controls and programs. Geojam, through these programs and controls, may collect and store information about you and your transactions, including personal information about you, provided to us upon your creation of your Account or requested by us upon your use of the Platform. We may require further identification information from you to the extent requested by any competent law enforcement or judicial authority or if applicable to meet requirements for the Services pertaining to laws of a certain jurisdiction or governmental authority. All such information is governed by our Privacy Policy at https://www.geojam.com/legal. Should you not comply, or should you provide incomplete or false information and documents in response to such a request, we in our discretion can refuse to provide its Services to you and may Suspend Access to or Terminate your Account in accordance with the policy described in the section entitled Account Suspensions and Termination. We may suspend Access to your account if a login attempt is deemed suspicious and when established may require a two-factor authentication check to re-enable your Account.

 

COLLECTING OR PURCHASING JAM POINTS

 

Users collect Jam Points in their User Account by performing social and other actions (“User Actions”) for Brands or Geojam or as a reward for participation in Platform or Brand programs. Brands and Geojam may set limits and maximums on the number of actions per User Account per period of time for receiving Jam Points. Users can acquire additional Jam Points directly from Geojam on the Platform at the price posted to use for Platform features that require Jam Points or for attaining a Reward on the Platform which requires more Jam Points than the amount presently in the User’s Geojam Account.
We may also in our discretion give Jam Points out of our inventory to Users, Brands, partners, Affiliates, team members or others for use on the Platform. The receipt or purchase of Jam Points shall not provide the recipient with rights of any kind other than for its intended use on the Platform in redemption of Rewards or for use in Services including not providing any rights with respect to Geojam or Brands or their respective revenues or assets, intellectual property or other financial, ownership, or legal rights. Jam Points which have been earned or purchased by a User is accessible by the User from their User Account on the Platform.

 

USING JAM POINTS AND ACCESSING REWARDS ON THE PLATFORM

 

Users can redeem Jam Points towards Rewards offered on the Platform by Geojam or Brands and also for other features on the Platform. Brands may offer various Rewards that are not typical services provided by the Brands. Rewards may be one-off or unique prizes, without an established fair market value, which may not be otherwise available in the broad market, outside of the Geojam Platform or as a service by the Brand. A decision by a Brand to offer a Brand Reward, the quantity and the value is at the discretion of the Brand. Likewise, the decision to redeem Jam Points towards a Reward or on the Platform is at the discretion of the User. Jam Points received from one Brand or Geojam may be used on the Platform to redeem for Rewards offered by that Brand or for Rewards offered by other Brands or Geojam.

 

Brand Rewards are subject to availability and Brands reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Rewards without notice, even if a User has already placed an order in which case the User will be refunded. The inclusion of a Reward on the Platform at a particular time does not imply or warrant that such Reward will be available at all times.

It is possible that Reward information may contain errors, inaccuracies, or omissions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GEOJAM, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL REWARDS. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, GEOJAM, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL REWARDS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. 

 

Notwithstanding anything to the contrary, the respective Brand, not Geojam, is responsible for the Brand Rewards that they post and for resolving complaints related to Brand Rewards or any harm caused or related to fulfillment or information errors. To correct, repair or replace defective Brand Rewards, Users must communicate with the specific Brand. Users agree that their sole and exclusive remedy for defective Brand Rewards lies with the specific Brand and not Geojam. Notwithstanding anything to the contrary, Users agree that their sole and exclusive remedy for defective or non-delivered Rewards is a refund up to a maximum of the amount spent by the User towards the Reward.

 

There is currently no market for the re-sale or exchange of Jam Points and the only current use for Jam Points is for use on the Platform, to be awarded to Users of the platform for performing User Actions or other activities and for use in the Jam Shop or for other Platform benefits.
 

Jam Points may be subdivided and used in fractions. The value of Jam Points on the Platform at the time of the User Action or redemption is used to determine the amount of Jam Points Users receive for User Actions or the amount of Jam Points needed to attain Rewards. 

 

The value of Jam Points on the Platform for User Actions or Reward Redemptions has been arbitrarily set at 1 cent USD per Jam Points. When purchasing Jam Points, the price will be posted at the time of sale.

 

FEES AND TAXES


Geojam shall also be entitled to recoup from or pass on to a User any third-party transaction fees (including but not limited to debit card, credit card, PayPal fees) and to the extent applicable sales tax amounts incurred from your use of the Platform.

 

You are responsible for compliance with any and all tax obligations arising from your use of the Platform, Jam Points and Rewards and are advised to consult with a tax advisor regarding your specific state, local, federal requirements for your jurisdiction or country. We shall bear no liability or responsibility with respect to any non-Geojam tax obligation. Geojam reserves the right in its absolute and sole discretion if we deem it is within our obligation for compliance with laws to issue you tax forms or disclosures, including but not limited to, Form 1099’s and also to require that you complete any such additional information as may be required for us to comply with governmental requirements. In the event you fail to complete such information in a timely fashion, upon our request to do so, then we may Suspend Earnings on your Account in accordance with the policy described in the section entitled Account Suspensions and Termination. You agree to indemnify, defend and hold Geojam, Brands and Affiliates of Geojam and Brands harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to provide required documentation or pay any appropriate taxes to the proper governmental authorities.

 

OWNERSHIP AND PROPRIETARY RIGHTS


© 2019 Geojam Inc. – All Rights Reserved.


You agree and acknowledge that Geojam owns all right, title and interest in and to the Platform, including, without limitation, any and all code, algorithms, analytics or metrics derived from performing Services (“Geojam IP”), and that no licenses or other rights to the Geojam IP are granted to you by these Terms or otherwise. Unless otherwise authorized by Geojam, you shall not sublicense, distribute, transfer, copy, reproduce, download, modify or timeshare the Geojam IP or any portion thereof, or use the Geojam IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the Geojam IP, nor shall you translate, reverse engineer, decompile or disassemble the Geojam IP. The Platform, including all content, media, web applications, mobile applications, materials, intellectual property, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, music, animations, videos, sound recordings, voices, computer graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Platform, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), are the property of Geojam and/or where applicable the participating Brands. All Geojam IP and Content on the Platform is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Geojam IP and Content contained in the Platform is either: the copyrighted property of Geojam, unless otherwise noted, or the copyrighted property of third parties.

 

The names, logos, trade names, trademarks, service marks and other distinctive identifications on or off the Platform, including, without limitation, GEOJAM and / or our stylized logo, and the name of our Platform rewards program JAM POINTS, and our stylized token logo (collectively “Marks”) are the trademarks and intellectual property of and are proprietary to Geojam. In addition, the Brands may have their own trademarks and logos. You have no right to use any of our Marks or those of the Brands, or any confusingly similar marks thereto, for any purpose without the express, prior, written consent of Geojam or the respective Brands.

 

LICENSE AND SITE ACCESS


Geojam authorizes you to access Content and grants you a limited, revocable right and license to use the Platform solely for your non-exclusive, non-assignable, non-sublicensable, non-transferable and limited use and for no other purpose whatsoever. Geojam presumes that if you permit your minor child to go online and access your Account, or if you establish a User Account for any minor child, then such minor child has your approval and express permission to have independent access to the Platform or any other subpage on the Platform. You understand and agree that if you do not wish your minor child to have independent access to the Platform, it is your duty to make sure that you do not give your minor child the User ID to a User Account or establish a User Account for them. Remember, even if a minor child has a User ID and password, you can change it.

 

As an express condition of your use of the Platform, you represent and warrant to us that you shall not use the Platform for any unlawful purpose or purpose prohibited by these Terms or the laws or regulations in the jurisdiction in which you live or reside or where you may engage in any activity with the Platform. Any violation of any of the above representations and warranties, including use in contravention of these Terms, may subject you to civil liability, criminal prosecution, termination of your User account and all associated benefits as provided herein. . If you violate any part of these Terms, then your license to use the Services may be terminated by Geojam in its sole and absolute discretion. Geojam makes no representation that any Services are legal or appropriate for use outside of the United States of America or that any Services may be exported from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Platform, including without limitation such laws governing rewards, offers, sweepstakes, gift cards, coupons and gift certificates with expiration dates that are associated with any offer or Reward.

 

ACCOUNT SUSPENSIONS AND TERMINATION


In the event that a User is deemed to be or have been non-compliant with the Terms, Geojam reserves the right in its sole discretion to Suspend Earnings, Suspend Transactions, Suspend Access and subsequently Terminate their User Account as provided herein.


If we elect to “Suspend Earnings” on a User Account, then for the duration of the suspension User will not earn any Jam Points for User Actions taken for one or more specific Brands or all Brands or for any other activity on the Platform (“Suspended Actions”), as determined by us at our sole discretion. User will be able to continue to use the Platform to complete actions that are not Suspended Actions and to access their User Account to redeem rewards, manage account options and access other features. If and when the Suspension is removed, there will be no retroactive compensation provided to User for any Suspended Actions or other activities. We will notify User that we Suspended Earnings on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension.


If we “Suspend Transactions” on a User Account then all the restrictions and provisions of Suspend Earnings will apply and, additionally, User will be unable to complete any action that results in Jam Points used on the Platform. User may be able to access their User Account and take other actions such as checking their Account balance or managing their User profile and data privacy settings. We will notify User that we Suspended Transactions on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the suspension.


If we “Suspend Access” to a User Account, then User will be fully blocked from accessing their User Account and all the restrictions and provisions of Suspend Earnings and Suspend Transactions will also apply. We will notify User that we Suspended Access on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension. If the suspension remains unresolved, a second notice will be sent 30 days after we Suspend Access, informing User that their User Account is pending termination. If your User Account access remains suspended for more than 180 days, then we may Terminate the User Account.


If we Terminate a User Account, we will permanently close the account and Jam Points held in User’s Account at such time shall be held for the User until processed as pursuant to local, State or Federal laws in our sole and absolute discretion based on facts in each instance and may include forfeiture of Jam Points as pursuant to local, State or Federal laws. No compensation will be provided to User for forfeit Jam Points.


In addition, a User shall be deemed by us to have an “Abandoned User Account” if such User does not login to his or her account at least one time in any given twenty-four-month period. If a User’s account becomes an Abandoned User Account, then we will attempt to notify such User via email and/or other contact options provided by User. If the User does not login to their account at least one time within the subsequent twelve-month period, the User Account may be Terminated, and Jam Points held in User’s Account may become subject to forfeiture as pursuant to local, State or Federal laws.

 

PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS


Geojam has adopted the following Copyright Compliance Policy. If you or any User or Brand believes its copyrights have been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:


a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the copyrights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.

 

Designated Agent for Claimed Infringement:

 

Geojam Inc.
Attention DMCA Notice
Email: help@geojam.com
 

 

Once notice is received, we will act expeditiously to review and, if necessary, to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform and its Services of anyone who uses them to repeatedly infringe the copyrights of others. We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take the protection of copyrights, both our own and others, very seriously.

 

DATA, EMAIL AND MOBILE PHONE NUMBERS


You understand that by creating an Account or otherwise using the Platform, we may collect, use and share information about you, including information that can personally identify you. Our collection, use, sharing and management of your data is governed by our Privacy Policy published at https://www.geojam.com/legal and may be updated by us from time to time as described therein.

 

SOCIAL MEDIA INTEGRATION AND POSTINGS

 

In order to use all the features of the Platform and for us to capture the completion of tasks performed on third party social media and music streaming sites, we may ask you to Open Authorize (‘OAuth’) your social media accounts with your Account on the Platform. By OAuth-ing your social media accounts, you are giving the Platform certain permissions to access data about you, and also access your social media accounts for purposes such as, but not limited to, posting, liking, sharing, and commenting, directly through the Platform. We do not post content that you have not provided, or edit posts that are made through the Platform directly to social media sites. Geojam does reserve the right in our discretion to add any promotion or advertising disclaimer to an action taken if deemed necessary to comply with regulations for posting in certain types of actions. All posts on third party social media sites are governed by the respective third party and you are solely responsible for following their terms of use. Your posting on third party social media sites is entirely at your own risk.

 

The Platform does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of your postings. GEOJAM ASSUMES NO DUTY TO MONITOR YOUR POSTINGS. GEOJAM DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS OR THAT SUCH POSTINGS COMPLY WITH THE TERMS OR CONDITIONS OF THIS TERMS OF USE, THE TERMS OF USE OF THE THIRD PARTY SOCIAL MEDIA SITE OR THE LAWS, REGULATIONS, RULES OR OTHER GOVERNMENTAL REQUIREMENTS OF THE JURISDICTION IN WHICH YOU LIVE OR RESIDE. YOU SHOULD NEVER RELY UPON ANY POSTING AS NECESSARILY BEING TRUE, ACCURATE GENUINE OR LAWFUL.


You understand, acknowledge and agree that postings originating from any User ID are the sole responsibility of the individual associated with that User ID. THIS MEANS THAT YOU (AND NOT US, BRANDS, THE PLATFORM OR THE THIRD PARTY SOCIAL MEDIA SITE) ARE RESPONSIBLE WHATSOEVER FOR THE CONSEQUENCES OF ALL POSTINGS ON THE PLATFORM OR THIRD PARTY SOCIAL MEDIA SITES ORIGINATING FROM YOUR USER ID. User postings do not reflect the views of Geojam, Brands or any Affiliate of Geojam or any Brand. In no event shall Geojam, Brands or any of their Affiliates have or be construed to have any responsibility or liability for or in connection with any User posting whatsoever; provided, however, if we determine, in our sole and absolute discretion and judgment, that any posting does or may violate any of the terms of these Terms, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms, at law or in equity, to: (a) refuse to allow you to post; (b) notify the third party social media site, or (c) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, Suspending Access or Terminating your Account on Geojam. If a posting originates from you or your User ID, you hereby: (a) represent and warrant that (i) the posting is original to you or fully cleared for use by the copyright owner as contemplated herein, (ii) the posting does not and will not, in any way, violate or breach any of the terms of these Terms or any other Third Party platform, (iii) the posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other personal right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the posting does not contain content which would be deemed unlawful or restricted by law, and (v) the posting shall not be damaging or injurious to Geojam, Brands any Affiliates or any User. In addition, if your posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to make such posting.


RULES OF CONDUCT FOR POSTING


Your use of the Platform is subject to all applicable local, state, national laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all of your postings on third party social media, and all other activities, acts and omissions that occur in, from, through or under your User ID. You agree to abide by these Rules of Conduct. You shall not use, allow, encourage or enable others to use, or knowingly condone the use of the Platform in any manner that is, attempts to, or is likely to:


a. be libelous, defamatory, bullying, or harmful in any way that is deemed unlawful or restricted by law;
b. interfere with, disrupt, or inhibit others from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
c. send junk email chain letters, duplicative or unsolicited messages or transmissions deemed “spamming” or “phishing”;
d. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

e. use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same thing, to use, access, generate impressions, input information, or generate postings on social media sites;
f. forge any TCP/IP packet header or part of the header information in any email or message, forum, tweet, comment or other social media posting for any reason or otherwise provide false or misleading information to Geojam;
g. use the Platform or Jam Points for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms or violates any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any appropriate treaties or violates or infringes upon any intellectual property rights, rights of publicity or privacy, or any other rights of Geojam, Brands, Affiliates or of any other person, firm or enterprise or to use the Platform to carry out any illegal activities, including, but not limited to, money laundering, terrorist financing or deliberately engaging in or encouraging others to engage in such activities;
h. gain unauthorized access to the Platform or parts of the site not authorized for your use or attempt to use another’s Account without proper authorization, or to use the Platform in any manner which violates or is inconsistent with the terms and conditions of these Terms; or
i. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or reverse engineer any aspect of the Platform, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Platform.

 

You agree to indemnify, defend and hold Geojam, Brands and their Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers, suppliers and Brands or other Users harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms by you, or resulting from your social media postings or any content you provide, submit or make available on or through the Platform or your unauthorized use of any Content. Geojam reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim, defense or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Geojam in the defense of any such claim, action, settlement or compromise negotiations, as requested by Geojam.


DISCLAIMER AND LIMITATIONS OF LIABILITY


THE PLATFORM AND ALL SERVICES, REWARDS AND CONTENT THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, REWARDS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, none of Geojam, Brands nor any Affiliates, suppliers or collaborators are responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Platform. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all Services, features and functions of the Platform.


While Geojam strives to keep the Platform operating 24/7/365, Geojam cannot guarantee continuous service and access to the Platform without interruption or delay. It also is expected that occasional planned outages will be required to maintain and enhance the Platform. These updates and releases are done in the interest of improving the Geojam Platform functionality for the Brand and experience for the User. Geojam will take reasonable commercial efforts to minimize any downtime. If the Platform is unreachable then you will not be able to access the Platform to perform actions or access or use your Jam Points on the Platform while the Platform is not available. You may also not have access to your Account due to a violation of the Terms resulting in an Earning, Transaction or Account Access Suspension or Account Termination. You indemnify Geojam against any losses associated with an inability to use or access the Platform based on such system unavailability or limitation of access or functionality.


In some cases, Geojam integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). You acknowledge that Geojam has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the platform could incur an outage outside of Geojam’s control, and certain aspects of the Platform’s functionality could be impacted by changes of features made available through Third Party APIs.


You understand that Geojam shall not be liable to you or any third party for any claims or damages which may be suffered by you or any third party, including, but not limited to, losses or damages of any and every nature, resulting from the inability to access the Internet, inability to access the Platform, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Geojam.


YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PLATFORM, GEOJAM BRANDS OR, ANY AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE PLATFORM OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. These exclusions apply regardless of the theory of liability, or whether related to your use or inability to use the Platform, or otherwise. These exclusions apply even if either party has been advised of the possibility of such damages. To the maximum extent allowed by law, the maximum liability of Geojam (which includes, collectively, its Affiliates, officers, directors, employees, agents, suppliers and licensors) to you shall not exceed five hundred dollars ($500.00). This limitation of liability applies whether the claims are contract, tort (including negligence), or otherwise. This limitation of liability for the Platform is in the aggregate and not per incident. Neither party may bring a claim under these Terms more than twelve (12) months after the event that creates the action or claim. Some jurisdictions do not allow for the limitations on damages and remedies. For that reason, some of the limitations described above may not apply to you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEOJAM OR BRANDS, REWARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEOJAM AND BRANDS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY REWARDS CONTAINED ON THE PLATFORM. GEOJAM DOES NOT REPRESENT OR WARRANT THAT REWARDS ON THE PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GEOJAM WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN – OR TAKEN IN RELIANCE – ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM DESCRIBING REWARDS. WHILE GEOJAM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, GEOJAM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM. GEOJAM CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.


GEOJAM WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND WE ACCEPT NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF THE PLATFORM OR JAM POINTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) YOUR ERRORS SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM. NOTHING IN THIS TERMS OF USE EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY, WHICH MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT JAM POINTS IS AN INTANGIBLE DIGITAL ASSET. JAM POINTS EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED BY GEOJAM IN ITS LEDGER ON ITS COMPUTER NETWORK.

 

ADS AND MALWARE

 

We are always on the lookout for technical glitches that affect how the Platform works. When we find them on our end, we will make reasonable efforts to fix them. Unfortunately, your computer may cause some glitches that affect how you see the Platform — and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Platform, it may be the result of Malware on your computer. Malware — short for ‘Malicious Software’ — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Platform is working properly, sometimes Malware programs on your personal computer or devices may interfere with your experience on the Platform and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If you even suspect that there is any kind of Malware on the Platform or servers, please use the Contact Us and notify us immediately.

 

INTERNATIONAL USE


Although the Platform may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own initiative and are solely responsible for compliance with all local laws including but not limited to tax and securities laws. Any offer for any Reward, Service, and/or information made in connection with the Platform is void where prohibited.

 

INDEMNIFICATION

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Geojam, Brands, and any respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, Affiliates, representatives, predecessors, successors and assigns (individually and collectively, the “Indemnified Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platform, Rewards, Content or Jam Points, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another, including without limitation the terms of use of third party social media sites. You agree to promptly notify Geojam of any third-party Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written Terms of Use between you and Geojam.


DISPUTE RESOLUTION

 

You and Geojam shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a “Dispute”). If you and Geojam are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by both parties, such Dispute shall be finally settled by Binding Arbitration as defined below.

 

Any Dispute not resolved within ninety (“90”) days as set forth above shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified herein or by mutual Terms of Use of the parties. The number of arbitrators shall be one who shall be selected by Geojam. The seat, or legal place, of arbitration shall be New York City. The language to be used in the arbitral proceedings shall be English. The governing law of the Terms shall be the substantive laws of the State of New York, USA applicable to contracts made, executed and wholly performed in that State. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be final and binding on the parties (“Binding Arbitration”). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and Geojam shall be responsible for their respective attorneys’ fees and expenses.

 

Any Dispute arising out of or related to these Terms is personal to you and Geojam and shall not be brought as a class arbitration, class action or any other type of representative proceeding. There shall be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

 

MISCELLANEOUS TERMS

 

This Terms of Service cannot be modified, changed or terminated by you, except as specifically described herein. No waiver of any breach of the Terms, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.

The Terms of Use constitutes the entire agreement with you and us with respect to the subject matter set forth herein. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business wherein such successor shall assume the rights and obligations herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders. Any provision of the Terms which must survive in order to allow us to enforce its meaning shall survive termination of these Terms; provided, however, no action arising out of these Terms or your use of the Platform, regardless of form or the basis of the claim, may be brought by you more than twelve (12) months after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

 

Except as specifically provided herein, Geojam is an independent contractor and shall not be deemed for any purpose to be an employee of the Brand or User. Geojam shall not be responsible to the Brand, User or any other governing body for any payroll-related taxes related to the performance of the Services, including but not limited to, withholding or other taxes related to federal or state income tax, social security benefits or unemployment compensation. Except as specifically provided in this paragraph, neither party is an agent, representative or partner of the other party and these Terms shall not be interpreted or construed to create an employment relationship, an association, agency, joint venture or partnership between the Geojam, the Brand or the User or to impose any liability attributable to such a relationship upon either of them. No party shall have the right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of, or to otherwise bind, the other party.

 

These Terms and your use of the Platform shall be governed by, construed and enforced in accordance with the substantive laws of the State of Delaware, USA applicable to contracts made, executed and wholly performed in that State without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of any State’s version of the Uniform Computer Information Transactions Act.

 

 

 

MODIFICATIONS

 

GEOJAM reserves the right, in its sole discretion, to add, remove, or modify features of the Platform at any time for any reason without incurring any liability to you. GEOJAM may change, modify, add, or remove portions of these Terms and the Privacy Policy at any time by making such modified terms available to you on the Site or through an App, or both. If GEOJAM materially modifies these Terms, it will make reasonable efforts to notify you of the change. For example, GEOJAM may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Platform for the first time after such material changes are made. No modifications to these Terms will apply to any dispute between you and GEOJAM that arose prior to the date of such modification. Your use of the Platform after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Platform.