TERMS OF SERVICE

The following are the terms and conditions (the “Terms”) that apply to the use of our website: https://www.jimjum.io/ (the “Website”) and/or applications available via Google Play or Apple Store (the “App” and together with the Website, the “Service”) offered and provided by Jimjum Studios Ltd. and its affiliates (“Jimjum”).

The Terms herein govern the access to, and use of, the Service and constitute a binding legal agreement between you and Jimjum. These Terms apply regardless of how you access the Service, including any technologies or devices by which Jimjum makes the Service available. By clicking on the “Play now” or "Join in" buttons, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

You must read these Terms carefully. By accessing the Service, you hereby confirm that you have read, understood, and agreed to these Terms in their entirety.

If you do not agree to these Terms in their entirety, please do not use or access the Service.

Jimjum may, at any time, cease providing any, or all, of the Service at its sole discretion and without notice.

If you agree to these Terms on behalf of a corporation or any other legal entity (the "Legal Entity"), you represent and warrant that you have the authority to bind that certain Legal Entity to these Terms which shall apply to that certain Legal Entity.

SERVICE; ACCOUNTS
1. To use the Service, you must be a human. Accounts registered by automated tools such as bots are strictly prohibited.
2. To use the Service, you must be at least 18 years of age. If you are between the ages of 18 and the age of legal majority in your country of residence, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. To use the Service, you must create an account and provide us with certain information such as your name, emails address, etc. Please see Jimjum’s Privacy Policy for more information on how Jimjum uses and stores personal information.
4. If Jimjum is, or becomes, suspicious of any activity channeled through any account, Jimjum reserves the right to delete or suspend access to such account. Jimjum may suspend or limit your access to the Service, or remove or disable any account or Content, if Jimjum reasonably and in good faith believes your continued access will cause harm.
5. You understand that Jimjum does not offer any warranty or representation that the use of the Service will achieve any particular result.
6. You acknowledge that Jimjum assumes no responsibility and expressly disclaim all warranties of any kind as to the overall integrity and quality of information provided by you, or to you, and that Jimjum cannot guarantee the accuracy or timeliness of data presented through the Service, or any possible implications derived thereby.
7. From time to time, Jimjum may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Service, but this does not mean Jimjum endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Jimjum is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
USER REPRESENTATIONS AND WARRANTIES
1. You represent and warrant that: (i) you have the full power, legal capacity, and authority to enter into, deliver and fully perform its respective obligations set forth in these Terms; (ii) the execution or performance of these Terms will not result in a violation or breach of any contract, agreement, policy, order, judgment, decree, rule, regulation or law to which you are bound; and (iii) unless otherwise expressly provided in these Terms, there are no third party beneficiaries intended under these Terms; (iv) the information you provide in connection with the Service is accurate and complete at all times.
2. You also represents and warrants that: (i) you will not use the Service for any illegal or unauthorized purpose or infringe or promote the infringement of any intellectual, proprietary or other right of any party, and you will comply with all applicable laws and regulations (including, but not limited to, all applicable import and export laws, copyright and privacy laws) when you use and access the Service; (ii) you are the owner of, or have the required rights in all of the information which is uploaded to the Service; (iii) you hold and maintain all personal information in compliance with any and all applicable laws; (iv) you are of legal age in your country/region or you have the consent from a parent or guardian to agree to these Terms; (v) you shall not register more than one Jimjum account or register a Jimjum account on behalf of someone else (unless authorized).
3. You further represents and warrants that: (a) you have obtained and will maintain all rights, consents, and permissions necessary for using any Content and/or accessing and using the Service, (b) you agree that Jimjum is not responsible for any violations of any third party's intellectual property rights, privacy rights, publicity rights, trademark rights, contract rights or any other rights of any person or entity in any Content that you submit to Jimjum’s Service. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you, and (c) you acknowledge that the internet and telecommunications networks are inherently insecure and that Jimjum will have no liability for any changes to, interception of, or loss of data while in transit via the internet or a telecommunications provider’s network.
4. You will not, nor will you allow anyone acting on your behalf, or other third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Service; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (c) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (d) remove any proprietary notices or labels from the Service; (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (f) develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product; (g) test the Service or use the Service in connection with any benchmark tests, evaluation, or any other tests of which the results are designated or likely to be published in any form or media, or otherwise made available to the public, without Jimjum prior written approval; (h) directly or indirectly take any action to contest Jimjum’s intellectual property rights or infringe them in any way; (i) remove, obscure, or alter any notice of copyright, Jimjum’s Marks (as such term is defined below), or other proprietary right appearing in or on any item included with the Service; (j) allow a minor which is under the legal age in his/her country/region (or doesn’t have a consent from a parent or guardian), or any third party to have access to the Service without Jimjum’s prior written consent.
5. You understand that the materials and/or information appearing on the Jimjum’s Website or Apps may include technical, typographical, or photographic errors, and that Jimjum does not warrant that any such materials/information are accurate, reliable, complete, or updated. You also understand that while Jimjum may make changes to the materials and/or information appearing on the Service, from time to time, it does not make any commitment to review, evaluate or update said materials and/or information.
CODE OF CONDUCT

We’re excited to have you contribute to the Jimjum community. Here are a few basic rules:

Be Original. Only post Content if you have all permissions and rights needed to make that Content available, including from any individuals who appear or are mentioned in your Content.
Be Safe. Do not do anything that may expose Jimjum or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of our Service.
Be Personal. Do not post any advertising, solicitation or commercial content through the Service.
Be Appropriate. Respect the community and do not post Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, harmful to minors in any way, hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or otherwise objectionable or inappropriate or which violates any applicable laws. Jimjum has the right to prescreen, monitor, or remove Content – but we have no obligation to do so.
Be Yourself. Do not impersonate any person or organization, including athletes or Jimjum employees.
Do not post Content that contains software viruses, programs, or other computer code, and do not circumvent or modify our Service, software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Do not collect or solicit personal information from other users or send unsolicited messages.
Do not use automated technology to interact with our Service.
Do not license, sublicense, rent or lease the Service to third parties, or use the Service for third party training, commercial time-sharing or service bureau use;
Do not collect, use or disclose data, including personal information, about users without their informed written consent or for unlawful purposes or in violation of applicable law or regulations;
Do not attempt to gain unauthorized access to the computer systems of Jimjum or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of our Service;
Do not post adult or pornographic content;
Do not access the Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Service; and
Do not access the Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

JIMJUM'S INTELLECTUAL PROPERTY RIGHTS
1. Jimjum owns all right, title and interest in and to the Service as well as any derivative works of the Service and all physical embodiments of same, which Jimjum may develop from time to time, (and excluding any third-party product(s) embodied in, utilized or bundled with the Service or Content).
2. The Service and all intellectual property rights in the Service (including any derivative works of the Service) are, and shall remain, Jimjum exclusive property, including but not limited to, any modifications or custom features to the Service to be developed by Jimjum, whether requested or instructed by you or not, even if you have paid for such modifications, except if we have a separate written agreement that specifically states otherwise and references this section.
3. Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Service (collectively, the “Ideas”) that you may provide to Jimjum, will be solely owned by Jimjum. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to Jimjum, free of charge.
OWNERSHIP OF CONTENT
1. Except for Content, all of the content on Jimjum Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Jimjum Content") - is owned by Jimjum or others we license Jimjum Content from, and is protected by copyright, trademark, patent and other laws. Jimjum reserves all rights not expressly described in these Terms.
2. All trademarks, service marks, trade names, logos, domain names, copyrights and other proprietary rights associated with Jimjum and the Service, whether registered or non-registered, are owned, registered and/or licensed by Jimjum. You do not acquire a license or any ownership rights to any of the above through your access or use of the Service or Jimjum Content.
3. To the extent Jimjum approves the download or use of Jimjum Content comprised of copyrights or copyrightable works, Jimjum grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Jimjum makes such Jimjum Content generally available to the public. You do not and will not acquire any ownership rights in Jimjum Content (including any trademarks or other intellectual property included in Jimjum Content), and all such Jimjum Content is intended for personal, non-commercial use. Jimjum reserves the right to monitor your use and to alter or revoke this license or your access to Jimjum Content at any time and for any reason. Jimjum reserves the right to take down any content in violation of these terms or Jimjum’s intellectual property rights. Jimjum allowing you this limited use does not constitute a waiver of any of Jimjum's rights to Jimjum Content.
4. You agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit Jimjum Content, without Jimjum’s prior written consent. Unauthorized use of Jimjum Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
5. Jimjum is not responsible for Content others post to the Service. Such Content is owned by you or whoever created it, but when you post Content, you license it to Jimjum as follows: you represent that you have the right to post your Content, and you grant Jimjum a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use the Content that you post, including the likeness of any person that appears in the Content, or any of the concepts or ideas contained in the Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Jimjum may, in its sole discretion, remove any Content at any time.
COPYRIGHT INFRINGEMENT
1. If you believe that your work has been improperly copied to our Service, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Service the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright infringement complaints to:

Legal Department (Copyright)

Email: team [at] jimjum.io

DISCLAIMER OF WARRANTIES
1. YOU UNDERSTAND AND AGREE THAT THE SERVICE PROVIDED BY JIMJUM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JIMJUM AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, JIMJUM SERVICE'S ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JIMJUM IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED THROUGH THE SERVICE.
2. JIMJUM AND ITS RELATED PARTIES DO NOT WARRANT: (A) THAT THE SERVICE OR ANY RELATED SERVICES PROVIDED WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED; (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED; (D) THAT THE DATA USED TO TRAIN THE SERVICE WILL (i) MEET ANY DIVERSITY EXPECTATIONS, (ii) BE COMPLETELY FREE FROM ANY BIASES OR DISCRIMINATION, OR (iii) BE PERIODICALLY REVIEWED AND UPDATED.
3. The foregoing exclusions and disclaimers are an essential part of these Terms and formed the basis for determining the price charged for the Service and any related services.
4. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JIMJUM IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE THE SERVICE.
5. USER INTERACTIONS. To the extent allowed by applicable law, we are not responsible for your interactions with other users through the Service or any damage or harm you may experience because of these interactions.
6. Be responsible and take precautions when interacting with other users (including users you do not know) when accessing the Service. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. Jimjum is under no obligation to become involved with any users’ dispute.
INDEMNIFICATION; LIMITATIONS OF LIABILITY
1. You agree to indemnify, defend, and hold harmless Jimjum, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Jimjum Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Jimjum Content, your use of our Service, your conduct in connection with the Service or with other users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Jimjum Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Service.
2. JIMJUM SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT RESULT FROM OR ARE RELATED TO THESE TERMS, EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICE. YOUR ONLY REMEDY AGAINST JIMJUM IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT IS TO STOP USING IT. IN ANY EVENT, JIMJUM’S AGGREGATE LIABILITY TO ANY USER FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS USD $100.
3. EACH PARTY UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS, SUCH LIMITATIONS SHALL SURVIVE FAILURE OF THEIR ESSENTIAL PURPOSE, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
TERMINATION
1. Jimjum may terminate or modify the Service, in whole or in part, at any time and without notice.
2. You understand and agree that some of your Content, particularly that which is displayed in an activity feed or in other public places through the Service, may continue to appear publicly even after your account was terminated, subject to your right to have your Content removed upon request in accordance with applicable law.
3. These Terms remain in effect even after your account is terminated or you have stopped using the Service.
4. Termination of these Terms shall not relieve you of your obligations to Jimjum hereunder that arose prior to the effective date of termination, including all your payment obligations that have accrued prior to the date of termination. In addition, payment obligations and provisions contained in Sections ‎2,4,5,6 and ‎‎8 through ‎‎10 shall survive the expiration or termination of these Terms for any reason.
MISCELLANEOUS
1. Non-enforcement by Jimjum of any term or condition of these Terms shall not constitute a waiver. A waiver by Jimjum of compliance with any term or condition under these Terms shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of these Terms.
2. Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from these Terms.
3. Notices. Any formal notice, consent or other communication in connection with these Terms shall be in writing and shall be considered to have been delivered and in effect upon the earlier of actual receipt or: (a) an email followed by a written or electronic confirmation; (b) two (2) days after posting when sent via an express commercial courier; (c) five (5) days after posting when sent via certified mail; or (d) one (1) day after posting through the “in-service” notifications. You consent that all communications that Jimjum provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information, including email address updated at all times.
4. Jurisdiction and Disputes. These Terms shall be governed by the laws of England, without regard to its conflict of law principles. All disputes hereunder shall be resolved, exclusively, in the applicable courts of London ,England. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.
5. Arbitration. Except for claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms shall be finally settled by binding arbitration in London, England in the International Chamber of Commerce International Court of Arbitration and under the then current rules of the ICC Arbitration Rules by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by this Agreement, the exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the courts located in London, England, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Any dispute resolution proceeding arising out of or related to these Terms, whether in arbitration or otherwise, shall be conducted only on an individual basis and not in a class, consolidated or representative action, and you expressly agree that class action and representative action procedures shall not be asserted in nor apply to any arbitration pursuant to this agreement.
6. No Agency. The relationship established by these Terms is solely that of independent contractors, and nothing contained in these Terms shall be construed to: (i) give you the power to direct and control the day-to-day activities of the other; or (ii) constitute any partnerships, joint ventures, co-owns or otherwise as participants in a joint or common undertaking; or (iii) make you an agent of Jimjum for any purpose whatsoever.
7. Change in Law. If any law or regulation, including enactment of new state or federal legislation, amendments to existing laws and legislation, and or new or amended judicial orders, rules or decrees, creates adverse consequences to Jimjum, according to its legal counsel, Jimjum may perform any modification to these Terms or the Service to alleviate such adverse consequences.
8. Force Majeure. Other than your obligation to pay the fees to Jimjum, if applicable, neither you or Jimjum shall be liable to the other for any failure to meet its obligations if such failure is due to any cause beyond the non-performing party's reasonable control ("Force Majeure"). Force Majeure specifically includes, but is not limited to, any government action that would limit the ability for performance; fires; earthquakes, floods or other severe weather conditions or any other acts of God; quarantines; riots; strife; insurrection; civil disobedience; epidemics, armed conflict; terrorism or war, declared or not; or any impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property.
9. Amendments and Updates. We may amend any part of these Terms, from time-to-time, in our sole discretion by posting the new version to the Service. If you disagree with any amendments, you may terminate these Terms by ceasing to use the Service. If You do not cease using the Service, then by your continued use, you are considered to have accepted the proposed amendments.
10. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT THESE TERMS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND OBLIGATIONS BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Last Updated: November 2024