Welcome to JamDTV.com!
JamDTV ("we" or "us") provides an online video service offering a selection of television shows, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by JamDTV in connection with its business, however accessed, are referred to collectively as the "JamDTV Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
3. ACCESS AND USE OF THE JAMDTV SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with JamDTV or use any feature or other part of the JamDTV Services that requires registration. In order to subscribe to JamDTV UVP, you must be at least 18 years of age.
Please note for those under 18 years of age, if your parent or guardian subscribes to JamDTV UVP and authorizes you to access his or her JamDTV UVP account then you will not be able to access all of the Content offered as part of the JamDTV UVP service if we have been informed during the registration process for the account that the primary user of such account will be under 18 years of age. Parents and guardians and users under the age of 18 must review these Terms with each other to make sure that each understands and agrees with them. You represent that you are at least 13 years of age if you are registering an account, and, if you are a JamDTV UVP user, that you are at least 18 years of age or you have received consent from your parent or guardian to access his or her JamDTV UVP account.
Your License. JamDTV is pleased to grant you a non-exclusive limited license to use the JamDTV Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by JamDTV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by JamDTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by JamDTV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by JamDTV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where JamDTV has incorporated an embed option in connection with Content on the JamDTV Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to JamDTV (in JamDTV's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. JamDTV reserves the right to prevent embedding to any website or other location that JamDTV finds inappropriate or objectionable (as determined by JamDTV in its sole discretion).
Ownership. You agree that JamDTV owns and retains all rights to the JamDTV Services. You further agree that the Content you access and view as part of the JamDTV Services is owned or controlled by JamDTV and JamDTV's licensors. The JamDTV Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the JamDTV Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the JamDTV Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the JamDTV Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the JamDTV Site or use the JamDTV Services in a way that:
· violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
· uses technology or other means to access, index, frame or link to the JamDTV Services (including the Content) that is not authorized by JamDTV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the JamDTV Services);
· involves accessing the JamDTV Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the JamDTV Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
· introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· damages, disables, overburdens, impairs, or gains unauthorized access to the JamDTV Services, including JamDTV's servers, computer network, or user accounts;
· removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the JamDTV Services (including the Content);
· uses the JamDTV Services to advertise or promote services that are not expressly approved in advance in writing by JamDTV;
· encourages conduct that would constitute a criminal offense or give rise to civil liability;
· violates these Terms or any guidelines or policies posted by JamDTV;
· interferes with any other party's use and enjoyment of the JamDTV Services; or
· attempts to do any of the foregoing.
If JamDTV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the JamDTV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the JamDTV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the JamDTV Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the JamDTV Services, you acknowledge that you will have caused substantial harm to JamDTV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay JamDTV $50 for each such unsolicited communication you send through the JamDTV Services.
Downloads. In order to participate in certain JamDTV Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the JamDTV Services (including the Content and the devices through which the JamDTV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that JamDTV may do so in JamDTV's sole discretion. You also agree that JamDTV will not be liable to you for any modification, suspension, or discontinuance of the JamDTV Services, although if you are a JamDTV UVP subscriber and JamDTV suspends or discontinues the JamDTV UVP service, JamDTV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if JamDTV terminates your account or suspends or discontinues your access to JamDTV Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by clicking here. It would be our pleasure to serve you.
4. JamDTV UVP Subscriptions and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that JamDTV would not otherwise be able to make available without charging a fee. As part of that, access to the Content in JamDTV UVP requires payment by you of a subscription fee.
You can find the specific details regarding your subscription to JamDTV UVP at any time by clicking on Your Account. You agree that your JamDTV UVP account is for individual use only and your JamDTV UVP account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
By signing up for your JamDTV UVP subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of JamDTV UVP to the credit card or other payment method accepted by JamDTV ("Payment Method") that you provided during registration.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If JamDTV changes the subscription fee or other charges for JamDTV UVP from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in "Ongoing Subscription" below. Very rarely, if there are special circumstances where JamDTV determines it is appropriate (e.g., the JamDTV UVP service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at JamDTV's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Ongoing Subscription and Cancellation.
Your JamDTV UVP subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription thru paypal before it renews each month in order to avoid the next month's billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription your service will continue until the next billing period.
In order to sustain the JamDTV UVP service, it is important that each user of the JamDTV UVP service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with JamDTV UVP. You will remain liable to JamDTV for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
On occasion, we may be authorized to offer the use of JamDTV UVP through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers.
Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from JamDTV that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel JamDTV UVP prior to midnight Eastern Time on the last day of your free trial period. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at anytime.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with JamDTV. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any JamDTV representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your JamDTV UVP subscription.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the JamDTV Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the JamDTV Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the JamDTV Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
8. LINKED DESTINATIONS AND ADVERTISING
JamDTV is not responsible for the content or practices of any website or destination other than the JamDTV Site, even if it links to the JamDTV Site and even if the website or destination is operated by a company affiliated or otherwise connected with JamDTV. By using the JamDTV Services, you acknowledge and agree that JamDTV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the JamDTV Site.
Advertisements. JamDTV takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the JamDTV Services are between you and the advertiser, and you agree that JamDTV is not liable for any loss or claim that you may have against an advertiser.
JamDTV, the JamDTV logo, www.JamDTV.com, and other JamDTV marks, graphics, logos, scripts, and sounds are trademarks of JamDTV. None of the JamDTV trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is JamDTV's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. JamDTV's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any JamDTV creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE JAMDTV SERVICES, YOU AGREE THAT USE OF THE JAMDTV SERVICES IS AT YOUR OWN RISK. THE JAMDTV SERVICES, INCLUDING THE JAMDTV SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JAMDTV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE JAMDTV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL JAMDTV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "JAMDTV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE JAMDTV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE JAMDTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE JAMDTV SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE JAMDTV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE JAMDTV SERVICES (INCLUDING YOUR USE OF THE CONTENT). JAMDTV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the JamDTV Services, including through a link, infringes your copyright, you should notify JamDTV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that JamDTV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to JamDTV's copyright agent at support@JamDTV.com (subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the JamDTV Services that is reasonably sufficient to enable JamDTV to identify and locate the material; (iv) how JamDTV can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to support@JamDTV.com for purposes other than communication about copyright infringement may not be answered.
JamDTV has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
International Use. We are a company based in the United States. JamDTV's goal is to bring you as much Content as is legally available