This Jam City Arcade User Agreement ("Agreement") is a legal document that explains your rights and obligations as a User of Jam City Arcade from Jam City, Inc. (“JCI”). You become a user of Jam City Arcade ("User") by completing the registration of a Jam City Arcade user account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 18. Jam City Arcade is not intended for minors under 18 and JCI will not knowingly collect personal information from minors under the age of 18.
1. PURPOSE AND GENERAL CONDITIONS
1.1 The "JAM CITY ARCADE" is a subscription service, automatically renewable, where content (“Applications”) will be made available to the User, in the form of software, by paying weekly or monthly subscription, depending on the plan contracted by the User.
1.2 JCI is not responsible for the integrity and functionality of the Applications.
1.3. The User is aware that the use of and access to "JAM CITY ARCADE" as well as using the Apps, depends on data coverage (Wi-Fi, GPRS, EDGE, 3G, 4G or similar) which is the responsibility of the User to obtain.
1.4 Data access and any data traffic for downloading and accessing JCI and the Apps will be charged normally in the plan contracted by the User with your operator.
1.5 As the User, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, JCI reserves the right to collect fees, surcharges or costs incurred before cancellation.
1.6 JCI is not responsible for the inability of the USER to connect to the Internet, hardware and software malfunctions, connection to the link corresponding to the JAM CITY ARCADE or the downloading of the available Applications.
1.7 THIS SECTION 1.7 DOES NOT APPLY TO EU USERS.
FOR NEW ZEALAND USERS, THIS SECTION 1.7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A REFUND.
JCI AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR JAM CITY ARCADE, THE APPLICATION, AND THE SUBSCRIPTIONS, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO JAM CITY ARCADE, THE APPLICATION, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. JAM CITY ARCADE, THE APPLICATION, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH JAM CITY ARCADE, THE APPLICATION, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.
ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE IS EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JCI, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF JCI’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE JAM CITY ARCADE, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE APPLICATION INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL JCI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH JAM CITY ARCADE, THE APPLICATION, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE APPLICATION, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF JCI’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF JCI’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF JCI, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
NEITHER JCI NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO JAM CITY ARCADE, THE APPLICATION, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
2. CHARGES AND CHARGES
2.1 The User who contracts the "JAM CITY ARCADE" will pay the advertised rate per week, automatically renewed after the 7-day period, or the advertised rate per month, automatically renewed on a recurring basis, after the 30-day period.
2.2. After subscribing, the User may be entitled to a free trial of JAM CITY ARCADE for a specified period, which is applicable only the first time you try JAM CITY ARCADE.
2.3. The amount of, quality of, or the specific Applications offered as part of JAM CITY ARCADE may vary without prior and express communication to Users.
2.6 In some cases, the JAM CITY ARCADE will be sold on a multi-month basis where the User will pre-pay for access for JAM CITY ARCADE (“Jam City Key”) for an advertised time and advertised price. If the user signs up for the Jam City Key, there will be no automatic renewal of this access.
3. HOW TO PROCEED
3.1 The User may enroll in JAM CITY ARCADE by visiting http://jamcityarcade.com using your mobile device and selecting a game to download to begin the enrollment process.
4. TERM and TERMINATION
4.1 The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
4.2 You may cancel your subscription at any time. You may cease use of a subscription at any time or, if you choose, you may request that JCI terminate your access to JAM CITY ARCADE. Your cancellation of your account, or your cessation of use of JAM CITY ARCADE or your request that access to JAM CITY ARCADE be terminated, will not entitle you to any refund, including of any subscription fees. JCI reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription.
4.3 JCI may cancel your account at any time in the event that (a) JCI ceases providing JAM CITY ARCADE to similarly situated Users generally, or (b) you breach any terms of this Agreement. In the event that your account is terminated or cancelled by JCI for a violation of this Agreement or improper or illegal activity, no refund, including of any subscription fees, will be granted.
4.4 JCI may cancel the service, automatically and without prior communication, in its sole discretion, in the event of any possible misuse of the service by the User, without any compensation, payment or restitution being due.
4.5 Sections 1.2,1.5, 1.7, 4, 5, and 6 will survive any expiration or termination of this Agreement.
5. INTELLECTUAL PROPERTY
5.1 All Applications offered as part of JAM CITY ARCADE are protected by all applicable intellectual property laws and any other laws, including without limitation, Trademark and Copyright Laws of the countries where such Applications are offered. These rights belong to JCI or the respective owners of the Application.
5.2 You may not use your subscription for any purpose other than the permitted access to JAM CITY ARCADE, and to make personal, non-commercial use of your Subscriptions. Except as otherwise permitted under this Agreement or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Applications or any software accessed via JAM CITY ARCADE without the prior consent, in writing, of JCI.
You are entitled to use the subscription to JAM CITY ARCADE for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Applications to other parties in any way, nor to rent, lease or license the Applications to others without the prior written consent of JCI, except to the extent expressly permitted elsewhere in this Agreement; (ii) emulate or redirect the communication protocols used by JCI in any network feature of the Application, through protocol emulation, tunneling, modifying or adding components to the Application, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of JCI; or (iii) exploit the subscription services offered by JAM CITY ARCADE or its Applications for any commercial purpose, except as expressly permitted elsewhere in this Agreement.
5.3 Use of the "JAM CITY ARCADE" software and Applications, except for use in the manner permitted by this Agreement, is expressly prohibited and violates the intellectual property rights of JCI or third parties.
JCI’s obligations are subject to existing laws and legal process and JCI may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
7. Cancellation policy - This section applies to Residents of European Union Countries only
7.1 Right of cancellation
You have the right to cancel this contract without providing a reason within fourteen days.
The cancellation deadline is fourteen days from the day the contract is concluded. In order to exercise your right of cancellation, you must send us (Jam City, Inc. 3562 Eastham Dr, Culver City, CA 90232 United States, Phone: +1 (310) 205-4800 , Fax: +1 (310) 388-3913 , Email: firstname.lastname@example.org) a clear declaration (for example with a letter, fax or email message) of your decision to withdraw from this contract. You can use the attached sample cancellation form, which is, however, not required.
Sending the declaration that you are exercising your right of cancellation before the end of the cancellation deadline is sufficient to comply with the deadline.
Consequences of cancellation
If you cancel this contract, we must promptly repay to you all payments which we have received from you, including delivery costs (excepting additional costs resulting from you choosing a type of delivery other than the most economical standard delivery we offer), no later than within fourteen days from the day on which we received the message informing us of your cancellation of this contract. We will use the same payment method for this repayment which you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged fees for this repayment.
8. Disclaimer - This section applies to Residents of Poland only
8.1 The JCI service constitutes an additional benefit to the telecommunications service provided within the value added service and is a weekly subscription service allowing for consumers to enjoy a selection of mobile games with no additionally in app purchase expense or advertisements for third party services (the “Service”).
8.2 The cost for the access to the Service is gross PLN 9.99 / week (you will be charged PLN 9.99 gross one times per week.
8.3 The Service is available for mobile phones or other devices (Android 3.0 and above – though not all games work with all operating system versions) utilizing SIM cards in the networks of Orange & T-Mobile.
8.4 The fee will be added to your account with your operator (subscription phone) or deducted from your account balance (pre-paid phone).
8.5 An internet connection is necessary to use the multimedia content received as part of the Service. Data transmission charges are not included in the service fee. If the use of the Service requires you to download data using GSM transmission, these fees will be charged by the Operator in accordance with the current price list of the contracted Operator.
8.6 To place an order, you must read the content presented on the Activation Page and follow the instructions indicated on it.
8.8 The Service is activated for an indefinite time until you terminate the subscription. To terminate the subscription, please send an SMS with STOP JCA to number Orange: 80708 or T-Mobile: 80425 (costs: PLN 0).
8.9 The service provider and entity providing the Service is: Jam City, Inc., 3562 Eastham Dr, Culver City, CA 90232 United States, registered in the commercial register in Delaware, United States under 4751612 (the “Organiser”).
8.10 Any complaints are to be sent to email@example.com or you can call 0223974315 (local charge) from Monday to Friday from 09:00 to 17:00.
8.11 The Organiser shall contact You via the phone or email You provided. The Terms and Conditions relating to the Service (“T&C”) are available at: https://www.jamcityarcade.com/privacy.
8.12 By clicking Confirm, you acknowledge to enter into an obligation to pay for the Service via your mobile number according to above time interval. You furthermore accept and acknowledge the Organiser’s T&Cs, the immediate performance of the Service as well as the associated loss of your otherwise existing right of withdrawal within 14 days. Moreover, you also agree to save a copy of the Organiser’s T&Cs in force at the time of the conclusion of the contract for the Service, access to which will be provided to you (in the form of a hyperlink) in the SMS you will receive confirming the conclusion of the contract for the Service.
This Agreement was last updated on October 31, 2017 ("Revision Date"). If you were a User before the Revision Date, it replaces your existing agreement with JCI on the day that you explicitly accept it.