These terms and conditions ("Terms", "Agreement") are an agreement between Jam3 Inc. ("Jam3 Inc.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the BABY LASER TAG mobile application and any of its products or services (collectively, "Mobile Application" or "Services"). Jam3 Inc. and you acknowledge that this Agreement constitutes the agreement between Jam3 Inc. and you only, and not with Apple, and Jam3 Inc., not Apple, is solely responsible for any App and the content thereof. To the extent this Agreement provide for usage rules for any App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple App Store term applies.
YOU ACKNOWLEDGE THAT OUR MOBILE APPLICATION INCORPORATES AUGMENTED REALITY ELEMENTS. WHILE YOU ARE USING THE MOBILE APPLICATION, PLEASE BE AWARE OF YOUR SURROUNDINGS AND PLAY AND COMMUNICATE SAFELY. YOU WILL NOT TRESPASS OR IN ANY MANNER ATTEMPT TO GAIN ACCESS TO ANY PROPERTY OR LOCATION WHERE YOU DO NOT HAVE A RIGHT OR PERMISSION TO BE, AND WILL NOT OTHERWISE ENGAGE IN ANY ACTIVITY THAT MAY RESULT IN INJURY, DEATH, PROPERTY DAMAGE, NUISANCE, OR LIABILITY OF ANY KIND. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT AUGMENTED REALITY CAN BE AN IMMERSIVE EXPERIENCE AND THAT YOU ARE ASSUMING THE RISK OF ALL HEALTH AND SAFETY CONSEQUENCES OF YOUR USE OF THE MOBILE APPLICATION.
You must be at least 18 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
Please be aware that there may be certain adult or mature content available in the Mobile Application. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to use the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Mobile Application may not be available to children under 18 under any circumstances.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Mobile Application, the Services, and/or the content appearing thereon for your personal, non-commercial use only. This license does not include any resale or commercial use of the Mobile Application, the Services or their contents; any derivative use of the Mobile Application, the Services or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Mobile Application, Services and/or any portion thereof may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without our express written consent. The Mobile Application, the Services and their contents may only be used for the intended purpose for which they are being made available. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. The license granted to you for each App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off- site mobile applications is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application, Services or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others including our licensors; (e) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate others, or to discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application or Services or of any related mobile application, other mobile applications, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Services or any related mobile application, other mobile applications, or the Internet; or (k) in any manner that violates the agreements with our third party licensors. We reserve the right to terminate your use of the Mobile Application or Services or any related mobile application for violating any of the prohibited uses.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Jam3 Inc. or third parties, including without limitation our licensors, and all rights, titles, and interests in and to such property will remain (as between you and us) solely with Jam3 Inc. and its licensors. All trademarks, service marks, graphics and logos used in connection with the Mobile Application or Services, are trademarks or registered trademarks of Jam3 Inc. or Jam3 Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application or Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any Jam3 Inc. or third party trademarks. You acknowledge that, in the event of any third party claim that the Mobile Application or your possession and use of any Mobile Application infringes that third party’s intellectual property rights, Jam3 Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
YOU AGREE THAT THE MOBILE APPLICATION, SERVICES AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE IS SOLELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT THE MOBILE APPLICATION, SERVICES AND THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, OR THAT THE MOBILE APPLICATION, SERVICES AND THEIR CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APPLICATION, SERVICES, AND THEIR CONTENTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MOBILE APPLICATION, SERVICES, AND THEIR CONTENTS OR THAT DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE APPLICATION, SERVICES AND THEIR CONTENTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MOBILE APPLICATION, SERVICES AND THEIR CONTENTS OR ANY TRANSACTIONS ENTERED INTO THROUGH THEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You acknowledge that Jam3 Inc., AKQA, AMAZON CONTENT SERVICES LLC, AND ANY OF THEIR AFFILIATES not Apple, are responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JAM3 INC., AKQA, AMAZON CONTENT SERVICES LLC, AND ANY OF THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF JAM3 INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID BY YOU TO JAM3 INC. FOR THE ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold Jam3 Inc., AKQA, Amazon Content Services LLC, and any of their affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
In the event that you have a dispute with one or more other users of the Mobile Application, you release Jam3, Inc., AKQA and Amazon Content Services LLC (and their affiliates, directors, officers, employees, agents, suppliers and licensors as well as their affiliates, directors, officers, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Jam3 Inc. is not responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its reasonable control.
Jam3 Inc. makes no representation or covenant regarding any ongoing availability of the Mobile Applications, Services, or their contents, nor any representation or covenant regarding any support, maintenance, improvements, or updates to them. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
Data collection and use, including data collection for analytics is governed by Jam3 Inc.’s Privacy Policy (https://www.jam3.com/privacy/) which is incorporated into and is a part of this Agreement. You acknowledge and agree that we may supply analytics and other performance data regarding the Mobile Application to our licensors and their agents.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Jam3 Inc. and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement between Jam3 Inc. and you in this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary thereof.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to legal@jam3.com or write a letter to 325 Adelaide St. W. Toronto ON Canada M5V 1P8