Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
Agreement refers to these Terms of Service;
App refers to our mobile device software application known as HaikuJAM;
HaikuJAM refers to our company, known as Haiku Jam Limited; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
Service refers to our App, our Site, and any other services we provide whether electronically or otherwise;
Site refers to our website, www.haikujam.com;
User refers to anyone who downloads and/or installs our App, as well as anyone else who uses our Service and, without limiting the generality of the foregoing, includes general visitors to our Site;
You refers to you, the person who is entering into this Agreement with HaikuJAM.
3. How HaikuJAM Works
HaikuJAM is a platform for creative collaboration where 3 people connect to create haikus and photo-stories together. HaikuJAM is available as a mobile application on iOS and Android. Haikus are three-line syllable-based poems which originated in Japan and through HaikuJAM people write haikus together, line by line by line. Photo-stories are three-photoscollages and through HaikuJAM, people create photo-stories together.
The App is free to download for iPhone and iPad Users running versions iOS 8 or later, and for Android phone and tablet Users running versions 2.3 or later.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United Kingdom or other countries having jurisdiction over this Agreement, HaikuJAM, and yourself.For example, you must not use our Service if doing so would result in a violation of the Export Control Act 2002 or the Export Control Order 2008.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
5. No Endorsement
HaikuJAM permits Users to connect with each other through our Service to create haikus. HaikuJAM does not itself participate in the creation of such content and does not endorse any such content created through our Service unless otherwise stated.
6. Rules of Use
When using HaikuJAM, you agree that you will not:
Violate the laws of the United Kingdom, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country. Even if you are not located in the United Kingdom, you must abide by its legislation and, for example, must not post anything that would violate the Public Order Act 1986 or Defamation Act 2013, even if such speech would not be unlawful in your country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of HaikuJAM or its delegates.
Infringe on anyones intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the HaikuJAM Site, Service, App, or its Users computers.
Do anything else which could bring HaikuJAM into disrepute or violate the rights of any person.
7. Limited Licence
By virtue of this Agreement, you are being granted a licence to download and install one copy of our App on an approved mobile device. You agree that you will not attempt to reverse engineer, emulate, copy, or otherwise manipulate or use our App for any purpose other than that which we have authorised. HaikuJAM may revoke your licence to use its App at any time without notice.
8. Mobile Charges
Our App is made available for use on mobile devices, and in turn uses data on those mobile devices networks.Such data may be subject to fees imposed by your mobile carrier, and you agree that HaikuJAM is not responsible for such fees or notifying you of their existence. You are advised to review your contract and other agreements with your mobile carrier and/or contact it in order to determine the potential financial liability involved with using our Service.
9. Our Copyright
HaikuJAM relies on the uniqueness of its intellectual property to distinguish itself from competitors and potential competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content (such as haikus or User profiles) submitted by third parties to HaikuJAM, without receiving our prior written permission.
10. Your Copyright
HaikuJAM must be assured that it has the right to use the content that is posted to its Site by its Users, whether it is posted in the Marketplace or on our Social Network. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
HaikuJAM and Haiku Jam are trademarks used by us, Haiku Jam Limited, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own business which competes with us directly or indirectly.
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
13. Copyright & Trademark Infringement
HaikuJAM complies fully with the Copyright, Designs and Patents Act 1988 and all other applicable intellectual property legislation. If you believe that someones intellectual property rights have been infringed, please send us a message which contains:
The name of the party whose intellectual property has been infringed, if different from your name.
The name and description of the intellectual property that is being infringed.
The location on our website or within our App where the infringement is occurring.
A statement that you have a good faith belief that use of the intellectual property described above is not authorised by the intellectual property owner (or by a third party who is legally entitled to do so on behalf of the intellectual property owner) and is not otherwise permitted by law.
You must sign this notification electronically and send it to our agent at email@example.com.
Our Rules of Use prohibit defamation by our Users. If you believe that you or someone you represent have been defamed, please send us a notice pursuant to Section 5 of the Defamation Act 2013 giving us full details of where the defamation is occurring and how it is defamatory, and we will remove it as soon as practicable.
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS REPRESENTATIONS & WARRANTIES SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability:Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
17. Choice of Law
This Agreement shall be governed by the laws in force in England & Wales.The offer and acceptance of this contract are deemed to have occurred in the City of London, England.
18. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in England & Wales. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Her Majestys Courts and Tribunals Services Money Claim Online service (Small Claims Court) described at https://www.moneyclaim.gov.uk.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful partys reasonable attorneys fees, court costs, and disbursements.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each others operation, HaikuJAM shall have the sole right to elect which provision remains in force.
HaikuJAM reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
22. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
23. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you that there has been a change. Your continued use of our Service shall constitute your acceptance of such changes.