By submitting an Order Form (as defined below),accessing, or using the Services, you acknowledge that you have read and understand these Terms. You agree to be bound by these Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree with these Terms, you may not access or use the Services.
2.1 Services.The Homejam entertainment platformprovides users (each a “Guest”) with interactive virtual entertainment offerings and experiences. These experiences may include performances and otheropportunities to engage with musicians and celebrities in a friendly setting. Upon accessing the Services, you may be required to submit an online order form specifying the Services you wish to access (the “Order Form).
3.1 GuestAccount.If you are an individual that is at or above the age of majority in your countryof residence and can form a legally binding agreement under applicable law, you may register for a guest account (“Guest Account”). If you previously had a Guest Account that was deactivated or suspended, you shall not access the Services and are not eligible to have a Guest Account on the Services.We reserve the right to change our eligibility requirements for the Services at any time.
To be eligible to access or use the Services, you must be at least thirteen (13) years of age. If you are below the age of majority in your country of residence, your parent must register for a Guest Account on your behalf. You must receive your parent’s consent to access and use the Services.
3.2 Artist Account. You must be at least fifteen (15) years of age and approved to be an artist (“Artist”) on the Services before you may register for an artist account (“Artist Account”) on the Services. Homejam may grant you an Artist Account, in its sole discretion, after performing the necessary background checks and verifying the information provided by you during the registration process to become an Artist.
4.2 Additional Policies and Rules. In addition to these Terms and the forgoing policies, you agree to be bound by and comply with any other policies, instructions, rules, guidelines and communications (collectively “Additional Policies and Rules”) that are provided through the Services or emailed to the address provided when registering on the Services.
5.1 Guest Account. A Guest must submit an Order Form and register for a Guest Account on the Services in order to book Homejams, VIP shows, or other virtual events (“Sessions”). You understand that you must provide all information requested by Homejam in order to register through the Services. You may be required to provide information and perform other actionsas reasonably requested by Homejam thereafter to remain registered for a Guest Account.
5.2 Artist Account.To become an Artist and provide Sessions through the Services, you must (i) apply and be approved for an Artist Account; (ii) enter into the Homejam Artist Services Agreement (“Artist Agreement”); and (iii) agree to these Terms. Homejam reserves the right, in its sole discretion, to reasonably approve or reject any application to be an Artist on the Services. Homejam shall provide an Artist Account to every Artist approved on the Services. After such occurrence, an Artistmay perform during Sessions in accordance with these Terms, the Artist Agreement and any Additional Policies and Rules.
5.3 User Accounts.You may browse the services without registering for an account (Artist Accounts, collectively with Guest Accounts, “User Accounts”,individually a “User Account”). You will be required to register for a User Account in order to attend or perform in Sessions.When registering for a User Account, you agree to provide accurate, full and complete information as prompted. You shall not include the name of another person with the intent to impersonate that person. Your User Account username and password are personal to you. It is your responsibility to maintain your password's confidentiality and not to share, transfer or sell access to your User Account. We will not be liable for any harm, losses or damages related to (i) your disclosure of your username or password; or (ii) the Services' use by anyone else through your User Account. We may require you to change your username or password, in our sole discretion, if we believe your User Account is no longer secure or if we have received a complaint. You are responsible for all actionsand conduct performed through your User Account.
5.4 Social Media Registration.If you register for a User Account on the Services through a social media account or any Third-Party Services (as defined below), youacknowledge and agree that (i) Homejam may access, store and use content from the social media account or Third-Party Services in accordance with the permissions granted to us; and (ii) that all or parts of the content may be visible to other Guests or Artists on the Services.
6.1 Fees.There may be fees payable for the provision of the Services (“Fees”), which may be based on Sessions, products, or services purchased.Any Fees payable shall be described through the Services, on the applicable Order Form, or as otherwise communicated to you by Homejam. Fees to access and use the Servicesmaychange from time to time and shall be determined byHomejam, in its sole discretion.
Bysubmitting an Order Form, you agree to pay the applicable Fees relevant to your scheduled Session, products, or services purchased through the Services. Unless otherwise specified, Fee payment obligations are non-cancelable andnon-refundable.
6.2 Payment Processing.Homejam relies on third-party service providers to facilitate the payment of Fees for the Services. You authorizeHomejam to use anyrelevant information (including Personal Information) provided when registering for a User Account to facilitate any payment of Fees.
6.3 Fees for Third-Party Offerings. Youmay purchase products and servicesfrom Third-Party Services (as defined below) on the Services. These products and services may include Artist-related merchandise andother Session related offerings. Any fees paid through the Services for a product or service offered by any of the Third-Party Services may only be refunded in the sole discretion ofHomejam. Fees paid directly to anyThird-Party Services shall be governed by their terms and conditions.
6.4 Taxes.You areresponsible for all applicable federal, state, provincial, municipal, sales, goodsand services, harmonized sales, value-added, use, excise, other similar taxes, levies and charges not otherwise included in the Fees imposed by applicable tax authorities on the provisionofServiceshereunder. Those amounts are in addition to the Fees charged to access and use the Services. You shall pay to Homejamsuch amounts thatHomejam is registered to charge and collect.
7.1 Cancellation of Session by Guest.Upon submitting an Order Form for a Session, the reservation for the Session shall benon-cancellable and non-refundable. Upon request, Homejam may provide a refund in its sole discretion.
7.2 Cancellation of Session by Artist.If an Artist for any reason is unable to attend a Session and cancels the Session, one of the following may occur:(a) If the Session is rescheduled for a new date within thirty (30) days of the cancelled Session, your reservation will be transferred for the Session on the new date; (b) You may request a refund within thirty (30) days of the cancelled Session; or (c) You may request a credit valued at one-hundred twenty (120%) per cent of the pre-tax amount of the Order Form to apply to any future Session(s).
8.1 User Content.When a Guest or Artist (each a “User”, collectively“Users”) submits, posts, uploads, shares or otherwise publishescontent, information or reviews (“User Content”) on or through the Services, the User grants tous, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, irrevocable, sub-licensable and non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such User Content for any purpose relevant to operating and providing the Services.To clarify, the license to your User Contentallows us to incorporate your User Content into any form, medium or technology throughout the world and without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
8.2 Ownership of User Content.User Content is the property of the User that submits it. By submitting User Content, you represent and warrant that you own or have the necessary rights to submit the User Content and that you have the right to grant the license to the User Content to us and our affiliates and third-party service providers, and each of their and our respective licensees, successors, and assigns. You also represent and warrant that all User Content provided to the Services complies with any privacy rights, publicity rights,the intellectual property rights of any third-party, and anyapplicable laws.
8.3 Responsibility for User Content.You understand and agree that you, and notHomejamnorHomejam’s subsidiaries, affiliates, directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are responsible for any User Content you submit or contribute and that you are entirelyliable, including to any third-party, for such User Content and its accuracy. We are not responsible or legally liable to any third-party for the content or accuracy of any User Content submitted by you or any other User of the Services. We reserve the right to screen User Content that is uploaded or transmitted through the Services and to remove or delete yourUser Content, without notice or liability to you, in our sole discretion, and for any reason. Any User Content obtained by you through the Services or used by you in connection with the Services is done at your own risk.
9.2 Marketing and Promotions.Homejam may use any recording of you during your use of the Services for marketing and promotional purposes. You acknowledge and agree that you have no right of approval and shall waive any claim based on invasion of privacy, right of publicity, or any other privacy rights arising out of any use or any use in composite of your likeness or voice. You represent that it is unnecessary for Homejam or any affiliated parties to obtain your permission to use the recording for the purposes stated in this Section.
10.1 Intellectual Property Ownership.You understand and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property rights including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Except for the rights and licenses granted in this Agreement, Homejam and its licensors (as applicable) shall retain all rights, title, interests, copyright, patent rights, trade secret rights, trademarks and other proprietary rights or interests (“Intellectual Property Rights”) inthe Services. Nothing in this Agreement or any Order Form shall be deemed to transfer or convey ownership of any Intellectual Property Rights from one Party to the other.
Any use of the Services not expressly permitted by these terms and conditions is a breach of these Terms and may infringe or violate Intellectual Property Rights and other proprietary laws.The Homejam name, Homejam logo and all related names, logos, product and service names, designs, images, and slogans are trademarks ofHomejamor its affiliates or licensors. You must not use such marks without our prior written consent.
10.2 License to the Services.Subject to these Terms, the Order Form (if applicable), and anyAdditional Policies and Rules,Homejam hereby grants to you a non-exclusive,non-transferable, revocable license to use the Services and the functionality contained, in accordance with these Terms.
10.3 Restrictions. Except as set forth in these Terms,the Servicesand to the extent contrary toapplicable law,the license granted in Section10.2 is subject to the following restrictions. As a User, you may not:
Any violation of the foregoingHomejam Community Guidelines is a violation of these Terms and may result in your User Account being deactivated, terminated or suspended, in our sole discretion.
12.1 Social Features. The Services may contain social features that allow you to interact and communicate with other Users. This may include chat areas for Sessions, message boards, forums, as well as other toolsthat may be provided to allow for interactions with other Guests and Artists through the Services (“Social Features”).
Homejamis not obligated to monitor, review, or moderate any Social Features and does not endorse anything that is transmitted through them.
12.2 UserFeedback and Reviews. Yougrant to Homejam a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into theServices any suggestions, reviews, enhancement requests, recommendations, corrections or other feedbackrelating to the Services that you provide to Homejam.
13.1 Third-Party Software and Licenses. The Services contain third-party softwarethat may be subject to their own licenses. These licenses may contain additional terms and conditions. You understand and acknowledge that any third-party software accessed through the Services is not licensed to you pursuant to the provisions of these Terms and that these Terms may not be construed to grant any such right orlicense to you. The licenses that govern anythird-party software are incorporated into these Terms. By accepting these Terms and accessing and using the Services, you also accept the third-party softwarelicenses. To access any third-party licenses, please contact us email@example.com.
You should familiarize yourself with and are responsible for reading and understanding the terms and conditions, privacy policies and data security practices of the Third-Party Services accessed. Those are the policies and practices that will apply to youruse of the Third-Party Services. If you choose to access any Third-Party Services, it is done at your own risk.We have no control over the contents of any Third-Party Services and accept no responsibility for such services or for any loss or damage that may arise from the use of them.
Links to Third-Party Services from the Services may include links to social media features that may enable you to link, transmit or display on its own or using Third-Party Services, certain content from the Services. You may only use these features when they are provided byus and solely with respect to the content identified by us.
14.1 DISCLAIMER OF WARRANTIES.THE SERVICES, ITS CONTENTS, ANDANY FEATURES ORINFORMATIONFOUND THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ITS CONTENTS IS DONE SO AT YOUR OWN RISK. ANY RISKS RESULTING FROM THE ACCESS AND USE OF THE SERVICESREMAINS SOLELY WITH YOU.
NEITHER HOMEJAMNOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS.HOMEJAM DOES NOT GUARANTEE THE QUALITY, ABILITY, SUITABILITY OR AVAILABILITY OF ANY CONTRACTORS (INCLUDING ARTISTS) OR THIRD-PARTY SERVICE PROVIDERS ACCESSIBLE THROUGH THE SERVICES.YOU ASSUME ALL RISKS ASSOCIATED WITH AND ARE SOLELY RESPONSIBLE FOR ALL DEALINGS WITH OTHER GUESTS OR ARTISTS WITH WHOM YOU MEETOR COME IN CONTACT WITH THROUGH THE SERVICES.WITHOUT LIMITING THE FOREGOING, NEITHERHOMEJAMNOR ITS SUBSIDIARIES, AFFILIATES OR THEIR AGENTS REPRESENT NOR WARRANT THAT THE SERVICES, ITS CONTENTS, OR ANY FEATURES OR INFORMATION FOUNDTHROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, WITHOUT DELAY, WITHOUT LOSS OF DATA OR INFORMATION, WITHOUT DEGRADATION OF AUDIO OR VIDEO QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR TECHNOLOGICAL INFRASTRUCTURE THAT MAKES THE SERVICES AVAILABLE TO YOU IS FREE OF VIRUSES, MALICIOUS CODE OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS.
14.2 Limitation of Liability.Except where such exclusions are prohibited by applicable law, under no circumstance willHomejamnor its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages relating to youruse of the Services. This includes any of the foregoing resulting from, but not being limited to, intellectual property infringement,violation of rights of privacy, inaccuracy of the content provided by the Services, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even ifyouwere allegedly advised or had reason to know. Homejam will also not be liable for any damages arising out of or in connection with your use,inability to use, or reliance on the Services, its content, or any linked websites or such other Third-Party Services, materials, postings, orinformation thereon even if you were allegedly advised or had reason to know.
In no event shall the aggregate liability ofHomejam, whether in contract, warranty, tort, product liability, or any other legal theory, arising out of or relating to the access or use of the Services exceed any amount paid byyouduring the three (3) months prior to the date of any claim.
15.1 Indemnity by User.Youagree to defend, indemnify and hold Homejam, its directors, officers, employees, agents, contractors and affiliates, harmless from any claims losses, damages or liability for personal injury, death, fines, penalties, costs, expenses, lost profit, lost revenue, property damage, legal fees, and any and all other damages of whatever kind and nature relating to, resulting from, or arising out of (i) your use of, or inability to use the Services; (ii) the use of Services by any individual using your User Account (ii) any User Contentinputted or uploaded to the Services or transmitted through the Social Features by you; (iii) allegations your User Content infringes a third-party’s rights (including intellectual property rights);(iv)Homejam’s use of your User Content; (v) any dispute that you have with another User that may arise from the use of the Social Features;and (vi) a breach of this Agreement by you, including any obligation to comply with applicable law.
16.1 Security.Homejam implements appropriate administrative, physical and technical security measuresdesigned to protect the security and confidentiality of Personal Information and User Content against any accidental or unauthorized destruction, alteration, access or disclosure to third-parties. Although measures are taken to protect your Personal Information and User Content, the security of any data or information transmitted via the Services cannot be guaranteed. Any transmission of information or data via the Services is done so at your own risk.
17.1 Term.The term of this Agreement (“Term”) shall commence on thedate these terms are accepted (“Effective Date”) by you, or on the date an Order Form is submitted and shall continue until either Party terminates the Agreement in accordance with this Section.
17.2 Termination and Suspension of Users. Notwithstanding any provision of these Terms, Homejam reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of any or allparts of the Services; (c) change, suspend, or discontinue any aspect of the Services; and (d) impose limits on your use of the Services.
17.4 Modifications to the Services.Homejam strives to continually improve the Services’ offering. In improving the Services, we may change, modify, replace, add or remove features, content and functionalities. If we make changes to the Services that materially impact your use of the Services, we will email you at the address provided or post a notice on your UserAccount.
Homejam may (a) change, suspend or discontinue any aspect of the Services; or (b) terminate your access or licence to any or all parts of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the destruction of your User Content. Homejam may also impose limits on certain features and offerings or restrict your access to parts of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
17.5 Effect of Termination. Upon termination of this Agreement in accordance with Article17, you will have no further right to access or use the Services. You acknowledge that you are responsible for exporting any User Contentyou wish to accessupon this Agreement terminating, and Homejamshall have no liability to you for your inabilityto retrieve such User Content. Following the termination of the Term, Homejam may immediately deactivate your User Account.
18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America as applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the State of California or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
18.2 Waiver of Jury Trial.Each Party acknowledges and agrees that any Disputes (as defined below) that may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.Each Party to this Agreement acknowledges that (a) no representative of any other Party has represented, expressly or otherwise, that such other Party would not seek to enforce the foregoing waiver in the event of any legal action; (b) such Party has considered and understood the implications of this waiver; (c) such Party makes this waiver knowingly and voluntarily; and (d) such Party has been induced to enter into this Agreement by, among other things, the mutual waivers and acknowledgments in this Section.
18.3 Waiver of Class Proceedings.You waive any right you may have to commence or participate in any class action against related to any Disputesand, where applicable,youalso agree to opt-out of any class proceedings and expressly waive any rights to file a class action or seek relief on a class basis againstHomejam or its affiliates. You also waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Any action or proceeding arising out of or relating to the Services and under these Terms shall be pursued through arbitration. If arbitration is prohibited underapplicable law, then any action or claim shall be instituted in the courts of the State of Californiaor the Federal Courts of the United States of America, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
18.4 Dispute Resolution. All controversies or claims (“Disputes”) arising out of these Terms shall first be negotiated in good faith by non-lawyer representatives from both parties. All Disputes that are not resolved within thirty (30) days of the initial notice to the other Party shall be submitted to final and binding arbitration administered by the American Arbitration Association, with no right of appeal. The place of the arbitration shall be in the City of Palo Alto, in the State of California. The language of the arbitration shall be English. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
18.5 Survival. The provisions of this Agreement relating to indemnification, limitations on liability, and which by their nature extend beyond the termination of this Agreement shall survive such termination. This includes, without limitation, Section 6 (Fees), Section 8 (User Content), Section 10 (Intellectual Property), Section 14 (Disclaimer, Limitation of Liability), Section 15 (Indemnification), Section 17 (Termination), and relevant provisions of Section 18 (General).
18.6 Independent Contractors. Nothing in this Agreement will be construed to imply a joint venture, partnership or principal-agent relationship between you andHomejam, and neither Party will have the right, power or authority to obligate or bind the other in any manner whatsoever.
18.7 Force Majeure. Neither Party will be liable to the other Party for any delay or failure to perform (except for any payment obligation) which is due to acts of God, acts of government, war, civil or military unrest, pandemic, virus, epidemic, riots, terrorism, fire, unavailability of communications or electrical power service provided by third-parties, travel advisories as to health, security, flood, lockout, transportation delay, strikes or other labour difficulties, or other causes beyond the Party’s reasonable control.However, in such an event, both Parties will resume performance promptly after the cause of such delay or failure has been removed.
18.8 Currency.Unless otherwise specified, all references to amounts of money in this Agreement refer to the United States of America (USD) currency.
18.9 Notices.Notices thatHomejamsends to you (other than notice of amendment of this Agreement) may be provided in any of the following ways. First, Homejammayemail you at the contact information provided when registering for your User Account or at the contact information provided in the Order Form. Second,Homejammay post the notice on the Services. It is your responsibility to review the Services for notices periodically. You may provide notice to Homejam by submitting a notice through the Services or emailingHomejam at the address below.
18.10 Successors and Assigns.This Agreement shall enure to the benefit of and be binding on the parties and their respective successors and permitted assigns. Homejam may assign all or part of its rights or duties under this Agreement. You may not assign this Agreement or its rights or obligations hereunder withoutHomejam prior written consent.
18.11 Severability and Waiver.This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision and shall not affect the validity or enforceability of this Agreement or of any other term or provision in this Agreement. Should any term or provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, the Parties intend that a substitute provision will be added to this Agreement so that, to the greatest extent possible, the substitute provision achieves the intended commercial outcome of the original provision. Any failure of either Party to enforce any rights granted to it hereunder or to take action against the other Party in the event of any breach hereunder will not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
18.12 Entire Agreement.This Agreement and any Order Formsupersedes all prior agreements, negotiations and representations between the Parties regarding the subject matter of this Agreement.
18.13 Export Controls.The Services and all related software and technical information may be subject to the United States of America’s export laws, restrictions and regulations.You agree not to export, transfer, distribute, transmit or allow for the export, transfer, distribution or transmission of the Services and all related content, software and technical information, except in compliance with any and all relevant export laws, regulations and restrictions. The export, transfer, distribution or transmission of the Services and all related content, software and technical information, directly or indirectly to an embargoed or sanctioned region/country, is in violation of these Terms.
18.14 Geographic Restrictions.Homejam does not provide the Services to certain countries outside of India, the United States of America, Canada, Australia, South Korea and Great Britain. If you use the Services in a country not supported by us and in violation of applicable law, you are solely liable for any violations and agree to indemnify us for any claims, damages or losses.
19.1 If you have any questions regarding these Terms or your use of the Services, please contact us here: