PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR SERVICES
To visit our Acceptable Use Policy, please click here.
The websites (https://jamworks.com and https://app.jamworks.com) (“Website”) are operated by Jamworks Platform Limited a limited company registered in England and Wales (company number 12578785), of Suite 2, Victoria House, South Street, Farnham, Surrey, United Kingdom, GU9 7QU (“we”, “us”, “our”) on its own behalf.
By using the Jamworks Services You indicate that You accept this Agreement and you agree to be bound by it. If You do not agree to the Agreement, please do not use the Jamworks Services. “You” or “Your” is defined as an individual user of the Jamworks Services such as a student or instructor. Where applicable, “You” or “Your” is also defined as an individual using the Jamworks Services through a subscription provided by an institution (such as such as a school, university or college) where the student is enrolled or the instructor is employed or contracted if such use is accessing and using the Jamworks Services on behalf of or through such entity.
- RESTRICTIONS AND REQUIREMENTS FOR USING THE JAMWORKS SERVICES AND JAMWORKS SERVICES
1.1 Institutional Users. Users using the Jamworks Services through a subscription held by a school, university or college (or other such entity) (for example, students, professors or other staff) agree that they do so with the appropriate permissions and authority from the applicable institution.
1.2 Competitors. You may not access or use the Jamworks Services if You are our direct competitor, except with our prior written consent. In addition, You may not access the Website or our App for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
1.3 Minors. You represent that You are at least eighteen (18) years of age and You have the legal authority to enter into this Agreement. If You are at least thirteen (13) years of age and less than eighteen (18) years of age, and are not enrolled at a post-secondary education institution, then Your parent or legal guardian must read and accept this Agreement, consent to Your use of the Jamworks Services, and agree to You providing any personal information in connection with the Jamworks Services on Your behalf.
1.5 We reserve the right to make changes to the Jamworks Services, at any time, with or without providing notice to you. In the event that you do not agree with any changes to the Jamworks Services or only remedy shall be to cease using the Jamworks Service.
1.6 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- YOUR PASSWORD AND ACCOUNT
2.2. Grant of Rights. Upon registration and subject to the payment of any applicable fees, Jamworks grants You the limited, revocable, non-transferable, non-exclusive right to access and use the Jamworks Services (including any downloaded applications that permit interaction with the Jamworks Services and any content to which you subscribe as further described in Section 3 below) for the term provided on the Order Form or Web Enrollment and subject to any additional terms contained therein.
2.3. Web Enrollment and Order Forms. The right to access to use the Jamworks Services may be done through a subscription for service on the Website or with the App (“Web Enrollment”) or by an agreement or order form with an institution (“Order Form”) that incorporates by reference this Agreement.
- USE OF LICENSED CONTENT
3.1. If you are a registered subscriber of the Jamworks Services, you will have the ability to access or subscribe to specific content provided by our contributing community of institutions, professors, instructors and other academic writers, and other users, on a variety of topics (“Licensed Content”). Please note that Licensed Content is not reviewed, assessed or any sources verified and accordingly, Your use and reliance on such Licensed Content should be based on Your own judgment. If You have reason to believe that any Licensed Content infringes any copyright, please refer to our Copyright Policy in Section 8 below for further information on how to inform us about it. You acknowledge and agree that Jamworks cannot guarantee the availability or continuing availability of any Licensed Content and if any Licensed Content is removed from the Jamworks Services due to infringement or alleged infringement, if You are a paying subscriber to such Licensed Content, You will be entitled to either: (i) a refund of the fees paid by You for such Licensed Content; or (ii) substitute content provided by Jamworks. Such substitution or refund (or offer of the same) will be in full and final settlement of any claim You might have against Jamworks and its licensors and, to the maximum extent enforceable by law, You will not bring any proceedings or claims against Jamworks for additional compensation or otherwise. Your statutory rights are not affected.
3.2. You agree that You will not engage in the use, copying, or distribution of any of the Licensed Content other than expressly permitted herein, including any use, copying, or distribution of any Licensed Content obtained through the Jamworks Services for any commercial purposes.
3.3. You agree not to try to circumvent, disable or otherwise interfere with security-related features or restrictions built into the systems used to provide the Jamworks Services or specific Licensed Content to prevent copying, printing or other uses of any Licensed Content.
3.4. You understand that through use of the Jamworks Services You may be exposed to Licensed Content from a variety of sources, including from other users, and that Jamworks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Licensed Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against us with respect thereto as provided in paragraph 15 below.
3.5. You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Licensed Content for any use outside of the class with which the Website is being used.
- FEES PAYMENT AND REFUND POLICY
4.1. Term of Purchased User Subscriptions. In consideration of the right to access and use the Jamworks Services, You agree to pay the applicable fees specified in an Order Form or Web Enrollment (the “Fees”). User subscriptions purchased by You, or for others, commence on the start date specified in the applicable Order Form or Web Enrollment and continue for the subscription term specified therein. Fees are billed in advance and are non-refundable except as set out herein. You will be billed as provided in an Order Form or Web Enrollment for the applicable Fee. All Fees are exclusive of all sales, excise or use taxes, or any levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. Fees are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Website, the Jamworks Service or by e-mail.
4.2. User Subscriptions for Administrative Users. Unless otherwise specified in the applicable Order Form or Web Enrollment, (i) the right to access and use the Jamworks Services is purchased as user subscriptions and may be accessed by no more than the specified number of users, (ii) additional user subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional user subscriptions are added, and (iii) the added user subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated users only and cannot be shared or used by more than one user but may be reassigned to new users replacing former users who no longer require ongoing use of the Jamworks Services.
4.3. Refunds. All consumer contracts are subject to our Online Consumer Terms and Conditions, which can be seen [here]. Jamworks will provide refunds for Jamworks Services purchased directly by You for a period of 2 weeks subsequent to initial activation. Upon granting of a refund, Your access to the Jamworks Services refunded will be immediately terminated and all records associated with these Jamworks Services will be permanently deleted. Refund requests are to be sent to firstname.lastname@example.org.
4.4 To be eligible for refunds of Licensed Content, Users must also deregister for the course the Licensed Content is associated with. At time of refund, all records (including grades) associated with the Licensed Content and the associated course will be permanently deleted.
4.5 Nothing in this agreement affects your statutory rights.
- RIGHTS IN USER CONTENT
5.1. No Other Interest. As between Jamworks and You, You retain ownership of any content that You upload, post, transmit or display on or through the Jamworks Services including any intellectual property rights which subsist in that content (“User Content”). You agree that You are responsible for protecting and enforcing those rights and that we have no obligation to do so on Your behalf.
5.2. Your Representation and Warranty. By uploading, posting or displaying User Content, You represent and warrant that You have all the necessary rights and consents to grant the licenses set out in section 5.2 and to upload User Content to our Jamworks Services. In particular, You must have obtained any necessary consents, including parental consents, relating to the use of images of minors and/or vulnerable adults.
5.3. User Content Compliance With Acceptable Use Policy. You may not post any User Content that contains any material which is the confidential information of any third party or which is defamatory, obscene, or otherwise unlawful. Any User Content posted or shared by You on our System must comply with Our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content. We do not store terrorist content.
5.4. Removal of User Content. We have the right (but have no obligation) at our sole discretion to review and remove any User Content that we feel in our judgment does not comply with this Agreement or the Acceptable Use Policy or violates any third party copyrights or trade marks. We are not responsible for any delay or failure in removing such User Content. If You post User Content that we choose to remove, You hereby consent to such removal, and consent to waive any claim against us. We do not monitor all content uploaded, posted or published on our System. If You believe that any content uploaded, posted or published on our System is defamatory and/or breaches the Agreement or infringes your intellectual property rights please contact us at email@example.com. We may require You to provide additional information to help us assess your concern and correctly identify information to be removed.
5.5. User Content Indemnity. You agree to indemnify and hold Jamworks, and its affiliates, officers, agents, companies we use to provide in-app tools, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through Jamworks Services, your use of the Jamworks Services or your breach of the Agreement.
- INTELLECTUAL PROPERTY RIGHTS
6.1. Our Intellectual Property. We are the owner or a licensee of all intellectual property rights in the technology used to provide the Jamworks Services and our licensors and their licensors are owners of all Licensed Content on Jamworks Services. All rights are reserved. Nothing in these Terms of Service gives You a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our intellectual property, in whole or in part, except as is expressly permitted herein.
6.2. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use, copy, modify and incorporate into the Jamworks Services any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the operation of the Jamworks Services more generally.
7.1. Suspension or Termination. You acknowledge and agree that we may, at our sole discretion, suspend or terminate Your access to all or part of the Jamworks Services with or without notice and for any reason, including, without limitation, breach of these Terms of Service or the Acceptable Use Policy. Upon suspension or termination, Your right to use the Jamworks Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any Account information or User Content. Jamworks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Jamworks Service.
7.2. Effect of Termination. In the event of any termination or expiration:
- (i) All licenses and rights we granted to You hereunder shall immediately terminate;
- (ii) The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
- COPYRIGHT POLICY
8.1. We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any content on the Jamworks Services if properly notified that such content infringes on another’s intellectual property rights.
8.2. If you are a copyright owner or an agent thereof and believe that any content made available through Jamworks Services infringes upon your copyright, you may submit a notification by providing Jamworks with the following information in writing:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- 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 authorised to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
8.3 “Jamworks” is a UK registered trade mark of Jamworks Platform Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms of Service.
9.1. Availability. While we endeavor to ensure that the Website and the Jamworks Services are normally available 24 hours a day, we will not be liable if for any reason the Jamworks Services (or any part of it) is unavailable at any time or for any period. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
9.2. Suspension. Access to the Jamworks Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- CONDITIONS ON YOUR CONDUCT WHEN USING THE SERVICES
11.1. Acceptable Use Policy. When using the Jamworks Services, You must comply with the provisions of our Acceptable Use Policy. Failure to comply with the Acceptable Use Policy could result in Your account being suspended or terminated. For greater certainty, in accessing the Jamworks Services You agree not to use the Jamworks Services for any commercial use, without our prior written authorisation.
11.2. Academic Integrity. Jamworks Services are provided for the purpose of facilitating learning, not cheating. You are prohibited from using the Jamworks Services to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (e.g., completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, or completing work in violation of academic integrity policies or other conduct policies of a school, university, academic institution or workplace. Failure to comply with this prohibition could result in Your account being suspended or terminated, and Jamworks may report any breach of this prohibition to the applicable school, university, academic institution or workplace.
11.3. Data Storage. Any data or content You make available through the Jamworks Services must comply with the provisions of our Acceptable Use Policy and is subject to any data storage limit we notify You of from time to time. We reserve the right to charge for data storage which exceeds our data storage limit.
11.4. Restrictions. You agree that will not directly or indirectly: (i) modify or create any derivative work of the Jamworks Services, documentation or service; (ii) sublicense, sell, lend, rent, lease, give, transfer, assign or otherwise dispose of all or any portion of the Jamworks Services; (iii) reverse engineer, disassemble or decompile the technology used to provide the Jamworks Services or attempt to discover or recreate the source code to the systems used to provide the Jamworks Services including our Website and Apps; (iv) bypass or attempt to bypass any measures We may use to prevent or restrict access to the Jamworks Services or to interfere or attempt to interfere with the proper functioning of the Jamworks Services; or (v) remove, obscure, or alter any notice of copyright, trademark, trade secret, or other proprietary right related to our technology and the Jamworks Services.
- LINKING TO OUR SITE
12.1. Linking to our Website. You may link to our Website’s home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2. No Framing. You may not frame our Website on any other website, nor create a link to any part of our Website other than the home page. Any website from which You are linking must not display or link to any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material. We reserve the right to withdraw linking permission without notice.
- LINKING FROM OUR SITE
13.1. Linking from Our Site. Where our Website contains links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources or the privacy policies or practices of such third party providers and accept no responsibility for them or for any loss or damage that may arise from Your use of them. By using the Website You expressly agree that we will have no liability in respect of Your use of such third party links.
- RELIANCE ON INFORMATION
14.1. Reliance on Information. We offer no guarantee that any information that is posted on our Website or Jamworks Services is complete, accurate or up to date including any Licensed Content which is provided by third party authors with no review or contribution by Jamworks. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. We therefore disclaim all liability and responsibility for the content or accuracy of any content on our Website or the Jamworks Services.
14.2 If you wish to complain about content uploaded by other users, please contact us on email@example.com.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
15.1 WHETHER YOU ARE A CONSUMER OR A BUSINESS USER WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
15.2 IF YOU ARE A BUSINESS USER WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR SITE OR ANY CONTENT ON IT. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: USE OF, OR INABILITY TO USE, OUR SITE; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE. IN PARTICULAR, WE WILL NOT BE LIABLE FOR: LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
15.3 IF YOU ARE A CONSUMER USER: PLEASE NOTE THAT WE ONLY PROVIDE OUR SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
- LAW ENFORCEMENT
17.1 Jamworks has the right to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Jamworks Service. Without limiting the foregoing, Jamworks reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
17.2 YOU WAIVE AND HOLD HARMLESS JAMWORKS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY JAMWORKS COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER JAMWORKS COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
All notices given by you to us must be given to Jamworks at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us on your Order Form or Web Enrollment. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
You may not transfer, assign, or charge any of your rights or obligations arising under the Agreement, without our prior written consent.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- COMPLIANCE WITH LAWS
21.1 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- ENTIRE AGREEMENT
These Terms of Service and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing and notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected.