This End User License Agreement ("Agreement") is a binding agreement between you ("End User") and JAMSAP Entertainment Corporation ("Company"). This Agreement governs the End User’s use of the JAMSAP TV (“Application”) mobile application for Apple iOS or Google Android operating systems. The Company reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Application.
By downloading/installing/using the Application, the End User:
A. Accepts and agrees to be bound and comply with this Agreement;
B. Represent and warrant that the End User are of legal age under applicable
laws to form a binding contract with the Company; and
C. Agree that if the End User access the Application from a jurisdiction where it is
not permitted, the End User do so at his/her own risk. If the End User do not
agree to these terms, do not download/install/use the Application.
Subject to the terms of this Agreement, the Company grants the End User a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Application for his/her personal, non-commercial use on a single mobile device owned or otherwise controlled by the End User ("Mobile Device") strictly in accordance with the Application's documentation.
The End User shall not:
a) copy the Application, except as expressly permitted by this Agreement;
b) modify, translate, adapt or otherwise create derivative works or improvements,
whether or not patentable, of the Application;
c) reverse engineer, disassemble, integrate, modify, remove, decompile,
decode, create derivates works or updates of, adapt, or otherwise attempt to
derive or gain access to the source code of the Application or any part thereof;
d) remove, delete, alter or obscure any trademarks or any copyright, trademark,
patent or other intellectual property or proprietary rights notices from the
Application, including any copy thereof;
e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise
make available the Application or any features or functionality of the
Application, to any third party for any reason, including by making the
Application available on a network where it is capable of being accessed by
more than one device at any time; or
f) remove, disable, circumvent or otherwise create or implement any
workaround to any copy protection, rights management or security features in
or protecting the Application.
Nothing in this Agreement should be interpreted to restrict third-party terms, including Apple Media Services Terms and Conditions (link: https://www.apple.com/legal/internet-services/itunes/ph/terms.html) and/or Google Play Terms of Service (link: https://play.google.com/intl/en_US/about/play-terms/). The End User must ensure that he/she complies with applicable third-party terms and conditions.
The End User acknowledges and agrees that the Application is provided under license, and not sold, to him/her. The End User do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to the End User in this Agreement.
All rights, titles and interests in the Application are owned by the JAMSAP Entertainment Corporation or its licensors. The Company or its licensors shall at all times retain all copyright and other intellectual property rights in the Application and all subsequent copies thereof. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by the Company to the End User for any intellectual property of the Company and its licensors. You shall not modify, remove or delete any copyright notice of the Company and/or its licensors contained in the Application and all subsequent copies thereof regardless of form.
The Company shall not be obligated to indemnify or defend the End User with respect to any third-party claim arising out of or relating to the Application.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third party websites or services.
The End User acknowledges and agrees that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to the End User or any other person or entity for any Third-party Services.
The End User must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to the End User and his/her access and use are entirely at the End User’s own risk and subject to such third parties' Terms and conditions.
The End User acknowledges that when he/she downloads, installs, or uses the Application, the Company will be able to access and collect his/her personal information, information about the End User’s Mobile Device and his/her usage of the Application.
The End User acknowledges that the Company may periodically collect and use technical data and related information about the End User’s device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to the End User (if any) related to the Licensed Application. The Company may also use this information to improve its products or to provide services or technologies to the End User, as long as it is in a form that does not personally identify the End User.
The End User acknowledges that the Company will be asking for payment information, such as the End User’s full name, debit/credit card number, security code, and expiration date, as well as billing address, account number, routing number, and other information, for its subscription and streaming services.
All information we collect through or in connection with this Application is subject to our Privacy Policy (https://api.jamsentertainmentcorp.live/privacy-policy). By downloading, installing, using and providing information to or through this Application, the End User consents to all actions taken by the Company with respect to the End User’s information in compliance with the Privacy Policy.
The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features ("Updates"). The Updates may also modify or delete in their entirety certain features and functionality. The End User agrees that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on the End User Mobile Device settings, when the End User’s Mobile Device is
connected to the internet:
a) the Application will automatically download and install all available Updates;
or
b) modify, translate, adapt or otherwise create derivative works or improvements,
whether or not patentable, of the Application; or
c) the End User may receive notice of or be prompted to download and install
available Updates.
The End User shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should he/she fails to do so. The End User further agrees that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The term of the Agreement commences when the End User downloads and installs the Application and will continue in effect until terminated as provided herein ("Term"). The End User may terminate this Agreement by deleting the Application and all copies thereof from his/her Mobile Device. The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if the End User violates any of the terms and conditions of this Agreement. Upon termination, all rights granted to the End User under this Agreement will also terminate and the End User must cease all use of the Application and delete all copies of the Application from his/her Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
The End User expressly acknowledges and agrees that use of the licensed Application is at his/her sole risk. To the extent permitted by applicable laws, the Application is provided to the End User "AS IS" and “AS AVAILABLE,” with all faults and defects and without warranty of any kind.
Likewise, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet the End User’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the End User.
Notwithstanding any damages that the End User might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and the End User’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the End User for the Application or through the Application.
To the extent permitted by applicable laws, in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the End User’s use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to the End User.
Nothing in this agreement shall affect the statutory rights of a consumer.
The End User agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to the End User or misuse of the Application or the End User’s breach of this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable laws, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
The laws of the Philippines, excluding its conflicts of law rules, shall govern this Agreement and the End User’s use of the Application.
The Agreement constitutes the entire agreement between the End User and the Company regarding the End User’s use of the Application and supersedes all prior and contemporaneous written or oral agreements between the End User and the Company.
The End User may be subject to additional terms and conditions that apply when he/she uses or purchases the other services of the Company, which the Company will provide to the End User at the time of such use or purchase.
If the End User have any questions about this Agreement, he/she can contact Us:
• By visiting this page on our website: https://www.jamsentertainmentcorp.com/
• By sending us an email: jams.jamsap2022@gmail.com
• By visiting our Facebook page:
https://www.facebook.com/JamsapEntertainment