Terms of Service
Welcome to FIGJAM™ Forum, an online community that connects people through our common love of music. The FIGJAM™ Forum (the “Forum”) is operated by FIGJAM™ Entertainment, LLC ("FIGJAM™"). By using the FIGJAM™ web Site (the "Site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a member (“Member”) and communicate with other Members and make use of the Forum, read these Terms of Service and indicate your acceptance of them by following the instructions in the page.
This Agreement sets out the legally binding terms of your use of the Site and your membership in the Forum and may be modified by FIGJAM™ at any time and without prior notice, such modifications to be effective upon posting by FIGJAM™ on the Site. This Agreement includes FIGJAM™’s acceptable use policy for content posted on the Site, our privacy policy, and any notices regarding the Site or the Forum.
Eligibility.
1. You must be eighteen or over to register as a member of FIGJAM™ or use the Site. Membership in the Forum is void where prohibited. By using the Site, you represent and warrant to us that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term.
2. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Site. FIGJAM™ has the right to terminate your membership for any reason, at any time at its sole discretion. Even after membership is terminated, this Agreement will remain in effect.
Non Commercial Use by Members.
3. The Site is for the personal use of individual Members only and may not be used by any Member for any commercial purpose. Organizations, companies, and/or businesses are not eligible to be Members and should not use the Forum or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Proprietary Rights in Content on FIGJAM™.
4. We own and retain all proprietary rights in the Site and the Forum. The Site contains the copyrighted material, trademarks, and other proprietary information of FIGJAM™, and its licensors. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site.
5. a. You understand and agree that FIGJAM™ may review and delete any content, messages, or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Forum, or transmit to other Members.
c. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to FIGJAM™ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Forum and terminating the membership of such violators. It includes Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or videos or links to pirated music or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; solicits people you don't know. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
e. You must use the Forum in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, or last names.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Forum. You may not transmit any chain letters or junk email to other Members. Although FIGJAM™ cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Forum in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
Copyright Policy.
6. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Forum in a way that constitutes copyright infringement, please provide our Copyright Department with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FIGJAM™'s Copyright Department for notice of claims of copyright infringement can be reached as follows: info@FIGJAM™ent.com, re: Copyright Department.
Member Disputes.
7. You are solely responsible for your interactions with other FIGJAM™ Members. FIGJAM™ reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy.
8. Use of the Site and/or the Forum is also governed by our Privacy Policy.
Disclaimers.
9. FIGJAM™ is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Forum, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Forum. FIGJAM™ is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Forum. FIGJAM™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FIGJAM™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Forum. Under no circumstances will FIGJAM™ be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Forum, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Forum are provided "as is" and FIGJAM™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FIGJAM™ cannot guarantee and does not promise any specific results from use of the Site and/or the Forum. The Forum may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from FIGJAM™ or through or from the Forum shall create any warranty not expressly stated herein.
Limitation on Liability.
10. In no event will FIGJAM™ be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Forum, even if FIGJAM™ has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FIGJAM™’s 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 FIGJAM™ for the Forum during the term of membership.
Disputes.
11. If there is any dispute about or involving the Site and/or the Forum, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.
Indemnity.
12. You agree to indemnify and hold FIGJAM™, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Forum in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
No Agency.
13. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FIGJAM™ and you or any user of the Forum.
Other.
14. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Forum, contains the entire agreement between you and FIGJAM™ regarding the use of the Site and/or the Forum. The failure of FIGJAM™ to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.