The “App” shall mean the software application for mobile devices known as Jam for iPhone or Jam, and the website located at jamapp.com.au. The “Developer” shall mean DreamWalk Interactive, a division of Wellcom Group Limited.
3. DATA PROTECTION
5. PROPRIETARY RIGHTS AND LICENCE
5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the App together with the underlying software code are owned by Developer.
5.2. Developer hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your personal use in accordance with these Appterms.
6. CONDITIONS OF USE
6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
6.2. The App is currently made available to you free of charge for your personal, non-commercial use. Developer reserves the right to amend or withdraw the App, or charge for the application or service provided to you in accordance with these Appterms, at any time and for any reason.
6.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
7. CONTENT COPYRIGHT
7.1. You will not record any songs that you do not own the copyright to using the App, unless you first obtain permission from the copyright owner to do so.
7.2. You will not, nor allow third parties on your behalf to sell songs created in the App without prior written approval from Developer.
7.3. You acknowledge that Developer owns the copyright to any musical composition generated by the App. Developer grants you a free and perpetual license to share songs created in the app, provided they are shared freely in a non-commercial capacity.
7.4. You grant Developer permission to use any recordings made in the App, in full or part, in any way, including but not limited to in charts, search results, promotional materials, websites and Facebook pages, synchronisation with video footage or images.
8.1. This Application is available to handheld mobile devices running the Apple iOS Operating System. Developer will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside Developer’s reasonable control.
8.2. Developer, its parent company and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
8.3. Developer will not be responsible for any support or maintenance for the App.
9. SYSTEM REQUIREMENTS
9.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
9.2. The Software Requirements are as per the App’s iTunes App Store app description
9.3. The version of the App software may be upgraded from time to time to add support for new functions and services.
10.1. Developer may terminate use of the App at any time for any reason without giving notice of termination to you.
10.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App. © All copyright ownership rights and conditions as stated herein will remain in effect.
11. LIMITATION OF LIABILITY
11.1. In no event will Developer be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. 11.2. Developer is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App.
12. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, Developer hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.