Jambo

Terms and Conditions

END USER LICENSE AGREEMENT AND TERMS OF USE

This End User License Agreement and Terms of Use (this “EULA”) constitutes a binding contract between you and LJS Digital Ltd. Throughout this EULA, we will refer to you as “you”, we will refer to LJS Digital Ltd. as “we”, “us”, or “LJSD”. This EULA governs your use of the Jambo website (the “Website”) and any Jambo mobile applications (each, an “App”) or other Internet services under LJS Digital’s control and used to provide LJSD’s services to you (the Website, Apps, and such Internet services are, collectively, termed the “Service”).

By downloading an App and clicking on the "Accept" button below you agree to the terms of the licence, which will bind you. The terms of the licence include, in particular, the privacy policy. If you do not agree to the terms of this licence, we will not license the App to you and the downloading process will terminate.

As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading an App. You will lose the right to cancel the transaction once you begin to download or stream the App.

To have a copy of this EULA sent to you, contact Us at hello@jambotribe.com

1. Summary of Material Terms.

As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

2. General.

3. Scope of License to Users.

4. Registration and Eligibility.

5. Content You Submit; License Grants From You.

6. Fees; Payments.

7. Sending Messages through the Service; Inviting Friends.

8. Third Party Materials; LJSD Content.

9. Your Use of the Service and Service Content.

Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:

10. Consent to Use of Data.

You agree that LJSD may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.

11. Ownership.

The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of LJSD and its licensors. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel or otherwise.

12. Feedback.

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:

13. Consequences of Violating These Terms.

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. LJSD may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this EULA and your use of the Service.

14. LJSD’s Liability.

15. Termination.

This EULA is effective until terminated by you or LJSD. Your rights under this EULA will terminate automatically without notice from LJSD if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). Upon any termination of the EULA, you must immediately cease all use of the Service.

16. Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

17. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LJSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO LJSD OR GBP £500.

18. Indemnity.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (A) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT, (B) YOUR USE OF OR RELIANCE ON ANY LJSD CONTENT, (C) YOUR SOCIAL CONTENT, OR (D) YOUR BREACH OF THE EULA. WE WILL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.

19. Third Party Disputes.

LJSD IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

20. Third Party Software.

The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.

21. Dispute Resolution

This EULA and the relationship between you and LJSD will be governed by the laws of England and Wales and the courts of England and Wales shall have the non-exclusive jurisdiction to hear any disputes underneath it.

22. Miscellaneous.

NOTICE REGARDING APPLE.

You acknowledge that this EULA is between you and LJSD only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby 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. If LJSD provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

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