Jamo is a mobile App produced by Vimo Labs Inc. These terms and conditions govern your use of the Jamo mobile App and website; by using this mobile App and website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this mobile App and website.
These mobile App and website terms and conditions were made using a Contractology mobile App and website terms and conditions template available at www.freenetlaw.com. Premium Contractology forms include distributorship contracts.
Unless otherwise stated, Vimo and/or its licensors own the intellectual property rights in the mobile App and website and material on the mobile App and website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the mobile App and website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this mobile App and website in any way that causes, or may cause, damage to the mobile App and website or impairment of the availability or accessibility of the mobile App and website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this mobile App and website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this mobile App and website without Vimo's express written consent.
You must not use this mobile App and website to transmit or send unsolicited commercial communications.
You must not use this mobile App and website for any purposes related to marketing without Vimo's express written consent.
Access to certain areas of this mobile App and website is restricted. Vimo reserves the right to restrict access to other areas of this mobile App and website, or indeed this entire mobile App and website, at Vimo's discretion.
If Vimo provides you with a user ID and password to enable you to access restricted areas of this mobile App and website or other content or services, you must ensure that the user ID and password are kept confidential.
Vimo may disable your user ID and password in Vimo's sole discretion without notice or explanation.]
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this mobile App and website, for whatever purpose. You grant to Vimo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Vimo the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Vimo or a third party (in each case under any applicable law). You must not submit any user content to the mobile App and website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Vimo reserves the right to edit or remove any material submitted to this mobile App and website, or stored on Vimo's servers, or hosted or published upon this mobile App and website. Notwithstanding Vimo's rights under these terms and conditions in relation to user content, Vimo does not undertake to monitor the submission of such content to, or the publication of such content on, this mobile App and website.
You may list your user content (including without limitation text, images, audio material, video material and audio-visual material) as for sale on the Jamo mobile App and website. Vimo Labs Inc. is responsible for collecting payment should other users decide to purchase your content. The revenue from such transaction is split as follows: 30% of the revenue is payable to Apple or the App Store owner (such as Google or Amazon for Android App), 10% of the revenue is payable to Vimo Labs Inc., and the remaining 60% of the revenue is payable to you. The 30% to the App Store is subject to change per App Store policy. The 10% to Vimo is subject to change per Vimo policy.
This mobile App and website is provided “as is” without any representations or warranties, express or implied. Vimo makes no representations or warranties in relation to this mobile App and website or the information and materials provided on this mobile App and website. Without prejudice to the generality of the foregoing paragraph, Vimo does not warrant that: this mobile App and website will be constantly available, or available at all; or the information on this mobile App and website is complete, true, accurate or non-misleading. Nothing on this mobile App and website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Vimo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this mobile App and website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Vimo has been expressly advised of the potential loss. You agree to securely fasten your phone to your wrist while performing a routine. In the event that you throw the phone away while performing a routine, you agree that Vimo is not responsible for any loss and damage.
Nothing in this mobile App and website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this mobile App and website disclaimer will exclude or limit Vimo's liability in respect of any: death or personal injury caused by Vimo's negligence; fraud or fraudulent misrepresentation on the part of Vimo; or matter which it would be illegal or unlawful for Vimo to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this mobile App and website, you agree that the exclusions and limitations of liability set out in this mobile App and website disclaimer are reasonable. If you do not think they are reasonable, you must not use this mobile App and website.
You accept that, as a limited liability entity, Vimo has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Vimo's officers or employees in respect of any losses you suffer in connection with the mobile App and website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this mobile App and website disclaimer will protect Vimo's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Vimo.
If any provision of this mobile App and website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this mobile App and website disclaimer.
You hereby indemnify Vimo and undertake to keep Vimo indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Vimo to a third party in settlement of a claim or dispute on the advice of Vimo's legal advisers) incurred or suffered by Vimo arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Vimo's other rights under these terms and conditions, if you breach these terms and conditions in any way, Vimo may take such action as Vimo deems appropriate to deal with the breach, including suspending your access to the mobile App and website, prohibiting you from accessing the mobile App and website, blocking computers using your IP address from accessing the mobile App and website, contacting your internet service provider to request that they block your access to the mobile App and website and/or bringing court proceedings against you.
Vimo may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this mobile App and website from the date of the publication of the revised terms and conditions on this mobile App and website. Please check this page regularly to ensure you are familiar with the current version.
Vimo may transfer, sub-contract or otherwise deal with Vimo's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Vimo in relation to your use of this mobile App and website, and supersede all previous agreements in respect of your use of this mobile App and website.