Last Updated:  October 11, 2007

A. General

Jamroom is a social networking website and service that enables its members to play music interactively with each other. The Jamroom website is located at the URL www.jamroom.us (the “Site”, the “Website” or “Jamroom”) and is owned and operated by Sosiate, Inc., a Delaware corporation (the "Company," “We,” etc.).  The Site may be viewed by visitors ("Visitors") and these may register to become members ("Members" or "Users").

These Terms of Use constitute a legal agreement between Sosiate and any Visitors or Users ("you'", "your," etc.) of the Site and govern your use of the Site. In addition, if you download Jamroom software from this site, you must accept an End User License Agreement covering that software. Also, we may from time to time post other policies relating to Site usage such as a Privacy Policy.

These Terms of Use are posted on the Jamroom website along with the date of the most recent revision. By accessing or using Jamroom, you signify that you have read and understood these Terms of Use and agree to be bound by their terms whether you are a User or a Visitor. If you do not agree to abide by the Terms of Use, do not use the Site.

We reserve the right, at our sole discretion, to revise these Terms of Use at any time without further notice. It is your responsibility to keep apprised of any revisions or changes to these Terms of Use posted to the Website. By continuing to use Jamroom after any such revision, you signify your acceptance of the revised Terms of Use. If you do not agree to abide by the Terms of Use as revised, discontinue your use of the Site.

B. Eligibility

 

Use of and Membership in Jamroom is void where prohibited. By using the Jamroom, you represent and warrant that

  • All registration information you submit is truthful and accurate;
  • You will maintain the accuracy of such information;
  • You are 14 years of age or older; and
  • Your use of Jamroom does not violate any applicable law or regulation.

We may terminate your membership in the Site at any time and at our sole option if we believe you are not 14 years of age or older.

C. Term

The Terms of Use, as revised, shall remain in full force and effect as long as your are a Jamroom Visitor or User. You may terminate your Jamroom membership at any time, for any reason, by giving notice to that effect using the Site's “Contact Us” page. Jamroom may terminate your membership at any time, for any or no reason and without warning. If terminated, Sections H, I, J, and K will survive.
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D. Account Security

 

If you register as a Member, you will be asked to provide certain registration information and you will receive a user account with user name and password. You agree to provide accurate information and to keep this registration information current by updating it from time to time. You also agree to maintain the security of your password. You are responsible for any actions that take place on your Jamroom account.


E. User Conduct

You agree to conduct yourself appropriately while on the Site. We reserve the right to terminate the membership or take other legal action against Users who do not behave appropriately. You explicitly agree not to--

  1. Use the Site in any unlawful way;

  2. Collect email addresses or other contact information of Users (“User Information”) for the purpose of sending unsolicited communications or for the purpose of selling or providing User Information to others;

  3. Solicit personal information such as social security numbers, credit card numbers, passwords, etc. from any User for any commercial or illegal purpose;

  4. Post, transmit, or share unsolicited solicitations such as spam;

  5. Uses automated scripts to interact with the Site;

  6. Post, transmit, or share material that is harmful, defamatory, abusive, obscene, or pornographic;

  7. Post, transmit, or share material that invades the privacy or infringes the copyrights or other legal rights of any other person;

  8. Post, transmit, or share material that is hateful, inflammatory, or offensive on racial, ethnic or other grounds;

  9. Post, transmit, or share material that contains threats, is fraudulent, or is unlawful;

  10. Misrepresent or misstate information you provide as part of the registration process;

  11. Use the Site in any way to distribute or use computer viruses or other malicious code;

  12. Post, transmit, or share material that incites or encourages another to violate these Terms of Use or any law.

  13. Create a false identity on the Site;

  14. Post, transmit, or share material that, at Our sole option, is deemed objectionable or offensive.

 

F. Not a Telephone Service

You understand and agree that Jamroom is not a telephone service and does not offer features of a telephone service such as emergency calls.

G. Third Party Content

We take no responsibility for any third-party site, content, or service even if linked to or from our Site.

H. Export Controls

As a Member of Jamroom , you can download our software. However, you may not download our software if doing so would violate any export controls of the United States.

I. Warranty Disclaimer

THE JAMROOM SITE, SERVICE, AND CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND/OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.


J. Limitation of Liability

IN NO EVENT WILL SOSIATE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

 

K. Indemnity

You agree to indemnify and hold Sosiate, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your use of Jamroom in violation of these Terms of Use.


L. Jurisdiction

In the event of a dispute arising from the use of the Site, these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, USA applicable to agreements made and to be performed entirely in Georgia. You agree that any dispute arising out of this agreement shall be adjudicated in a court on the State of Georgia and irrevocably consent to jurisdiction of those courts.

M. General

These Terms of Use constitute the entire agreement between you and the Company and supersede any prior agreements. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.