Last Updated: January 28, 2024
These Terms of Service (hereinafter referred to as "Terms") constitute a legally binding agreement between you (referred to as "user" or "you") and DMJ - Dats My Jam, a microbusiness owned by Aurélien CHAMBON organized under the laws of France, with its principal place of business located in Île-de-France. By accessing or using the services provided by DMJ - Dats My Jam, including the website at datsmyjam.com and the mobile app DMJ - Dats My Jam, you agree to be bound by these Terms.
These terms necessitate the utilization of arbitration on an individual basis for the resolution of disputes, foregoing court or jury trials, as well as class actions. Furthermore, the remedies available to you in the event of a dispute are limited. We urge you to thoroughly review Section 13 before consenting to these terms.
These terms are an agreement between you and DMJ - Dats My Jam. Please read these terms carefully as they govern your conduct when using DMJ - Dats My Jam. These terms are integral components and serve as a supplement to DMJ - Dats My Jam's Privacy Policy, in addition to any other explicit written agreements that may exist between you and DMJ - Dats My Jam in relation to a particular service. In the absence of a specific, written agreement with DMJ - Dats My Jam stating otherwise, each provision outlined in these terms shall be applicable to you.
By using the services, such as by accessing the website or the mobile app, you accept and agree to be bound by and abide by these terms. By using these services you represent and warrant:
If you do not agree to these terms or if you are unable to make the foregoing representations and warranties, you must not use the services.
By using the services, you acknowledge and agree to the following:
DMJ - Dats My Jam hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the services subject to the restrictions in these terms. DMJ - Dats My Jam expressly reserves any rights not expressly granted herein. You are solely responsible for any hardware, software, and telecommunications necessary to access the services, and DMJ - Dats My Jam makes no warranty or guarantee that the services will always be available or will not change.
The services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned and provided by DMJ - Dats My Jam.
Except as expressly authorized under these terms or in a separate written agreement between you and DMJ - Dats My Jam, you may not:
You also agree that you shall only use the services in a manner that complies with all applicable laws in the jurisdictions in which you use the services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the services without notice.
Furthermore, as a end user of DMJ - Dats My Jam, you agree and acknowledge that:
DMJ - Dats My Jam provides a lifetime Premium License via in-app purchase. This license grants the user access to additional in-app functionalities, including:
This Premium License is subject to the same terms as presented in these Terms of Use. The term "Lifetime" refers to the duration of the License granted under this Agreement. The License remains in effect from the date of purchase and continues until the service is discontinued by either the application ("App") or server side. It is expressly noted that no guarantee is provided regarding the duration of the Lifetime Premium License.
These terms shall apply so long as you are using the services. We may terminate your access to the services at any time for any or no reason, unless otherwise provided in an express, written agreement between you and DMJ - Dats My Jam. Upon termination of your access to the services, you shall immediately discontinue use of the services. These terms shall survive termination of the services to the extent applicable.
DMJ - Dats My Jam may, in its sole discretion and at any time, modify or discontinue the services in whole or in part. For modified services, you may be requested to accept a modification or new terms when you log in to your account. If you do not accept the amended terms, you will not have access to the services.
DMJ - Dats My Jam may discontinue its services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.
DMJ - Dats My Jam reasonably determines that:
The services, including, without limitation, any of our Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and all other intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of DMJ - Dats My Jam, and you shall have no interest in them whatsoever.
All right, title, and interest in and to the services are and will remain our exclusive property. Our intellectual property rights in the services are protected by copyright and trademark laws of the United States and international treaties, as well as other domestic and international laws. Nothing in these terms gives you a right to use our trademarks, logos, domain names, other intellectual property, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the services, to copy any feature or portion of the services, or create a derivative of the services, all of which is expressly prohibited. Unless prohibited by law, any feedback, comments, or suggestions you may provide regarding the services are entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.
By submitting, uploading, or posting any comments, ideas, suggestions, information, files, images, photos, videos, or other materials using the services as "User-Generated Content", you agree to the following terms and conditions:
Additionally, you agree not to contact other site users through unsolicited email, telephone calls, mailings, or any other method of communication.
DMJ - Dats My Jam shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content however DMJ - Dats My Jam desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world.
We are and shall be under no obligation:
You must refrain from utilizing any User-Generated Content that belongs to others and presenting it as your own. This includes content sourced from external platforms on the Internet. Your User-Generated Content should not incorporate visible logos, phrases, or trademarks owned by third parties. If any individual contributes to or holds rights to your User-Generated Content, or if any person appears in the content, explicit permission must be obtained before submission.
You are prohibited from impersonating any other individual. This includes but is not limited to using a false email address, assuming the identity of any person or entity, or engaging in any activity that misleads as to the origin of your User-Generated Content.
Act in a manner that is respectful of others' opinions and comments, fostering an environment for all users to enjoy. If you believe your User-Generated Content may cause offense or embarrassment, it likely does not belong on the services. Prohibited actions include, but are not limited to, cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar behaviors. User-Generated Content must not threaten, abuse, or harm others and must not include negative comments related to race, national origin, gender, sexual orientation, or physical handicap. Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
Your User-Generated Content must not serve commercial, political, or inappropriate purposes. This includes advertising or promoting products, services, commercial activities, politicians, public servants, or laws. DMJ - Dats My Jam reserves the right to take legal action if any User-Generated Content violates this provision, as deemed appropriate in its sole discretion. User-Generated Content must not endorse infringing, illegal, or similarly inappropriate activities. DMJ - Dats My Jam reserves the right to take legal action if any User-Generated Content violates this provision, as deemed appropriate in its sole discretion.
In the event that User-Generated Content is believed to violate the terms outlined herein, DMJ - Dats My Jam may, at their sole discretion, take any legal actions deemed appropriate.
We are not obligated to regularly review posted User-Generated Content but we do reserve the right to monitor and edit or remove any User-Generated Content you submit. You grant DMJ - Dats My Jam the right to use the name that you submit in connection with any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you post to this website. We take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.
You are solely responsible for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations and the license and use restrictions set forth above. You agree to monitor the use of the services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the services from further use of the services. You agree to provide a resource for users of the services to report abuse of the services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.
If there is to be a way for user inputs on improvements of DMJ - Dats My Jam, all remarks, suggestions, ideas, graphics or other information that you communicate through the services will become and remain the property of DMJ - Dats My Jam. You understand that this means:
You acknowledge that you have full responsibility for the information you submit. You also acknowledge that DMJ - Dats My Jam is NOT liable for any claims that the information you submit violates any laws or infringes the rights of any third party including, without limitation, defamation, right of privacy or publicity, trademark, copyright or consumer protection.
You agree to immediately notify DMJ - Dats My Jam of the violation of these terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.
The services are for informational purposes only, and you should not construe any such information or other material available through them as legal, tax, investment, financial, or other advice. the information and other material available on the services is of a general nature and does not address the circumstances of any particular individual or entity. you assume the sole risk and responsibility of evaluating the information and other material available through the services before making any decisions. you agree not to hold us liable for any decision you make based on the information or materials available on the services.
You agree that use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis, and DMJ - Dats My Jam assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications, data, or personalization settings.
DMJ - Dats My Jam disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, quiet enjoyment, title, merchantability of computer programs and informational content.
DMJ - Dats My Jam makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, error or virus free; nor do DMJ - Dats My Jam make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the software driving the services will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. We do not guarantee the security of the services or the prevention from loss of, alteration of, or improper access to, your account information or data, or that the services will be free of viruses, worms or other harmful components.
We may modify, suspend, or discontinue offering the services either in general or specifically to you at any time and for any reason without notice or compensation to you. The services may become unavailable due to maintenance, outage, or any other reason whatsoever. We make no representation or warranty whatsoever relating to or resulting from the use or inability to use the services, mistakes, omissions, service interruptions, deletion of files, loss or modification of content or data, errors, defects, delays in operation or transmission, or any failure of performance, communication failure, theft, destruction, or unauthorized access to any server, records, programs, or services, whether or not limited to circumstances beyond our control.
The services may contain links to third-party sites not affiliated with us in any way. These links are provided to you only as a convenience and are not under our control. We are not responsible for the contents of any linked site, or any link contained on a site linked through the services, nor do we endorse any third- party site to which we may provide links.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty not expressly made herein.
In no event will DMJ - Dats My Jam be liable to you for any special, exemplary, indirect, incidental, or consequential damages, including but not limited to those for loss of profits, revenue, or goodwill, use, data or other intangibles, whether the claim is based upon contract, breach of warranty, tort, or other theory, resulting from or concerning the use or the inability to use the services or your failure to comply with these terms, even if advised of the possibility of such damages. you must commence any cause of action or claim you may have arising out of or relating to these terms or the use of the services within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Unless otherwise provided herein or in another express, written agreement between you and DMJ - Dats My Jam, notices given by us to you will be given by email. Notices will be sent to the email address you provide to DMJ - Dats My Jam as part of the registration process, or to updated addresses which you provide to DMJ - Dats My Jam via notice consistent with this paragraph. Notices given by you to DMJ - Dats My Jam must be given by email to support@datsmyjam.com or such updated address and number as DMJ - Dats My Jam may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to DMJ - Dats My Jam shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
Communications shall be deemed to have been duly given or made:
If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these terms are solely used for the convenience of the parties and have no legal or contractual significance. These terms may be assigned in whole or in part by DMJ - Dats My Jam. These terms may not be assigned in any manner by you without the express, prior written permission of DMJ - Dats My Jam.
Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party.
We may revise these terms at any time in our sole discretion by posting such revised terms on the terms page of datsmyjam.com. Please review the terms page on a regular basis for changes. Continued use of our services following any change constitutes your acceptance of the change.
If you have questions regarding these terms, please contact us at support@datsmyjam.com.
