User Agreement and Terms of Use

This User Agreement and Terms of Use (collectively, “Terms of Use”) apply to and govern your use of the website located at www.jamplify.com (this “Website”) and of all Content (as defined below) found on this Website. This Website is operated by OKDJ, Inc., a Delaware Corporation, doing business as Jamplify (“OKDJ”, "Jamplify", “we” or “us”) and may contain common interface, original works of art, music, software, widgets, mobile products, mobile services, and links with other websites. This Website is provided to you subject to the following terms and conditions.

Visiting or otherwise using this Website or Content obtained directly or indirectly from this Website, constitutes acceptance of and agreement to these Terms of Use, as in effect from time to time. If you do not so consent, you may not visit this Website or use any of its Content.

Summary of Service

Jamplify is a platform where certain users ("Content Creators") run campaigns to fund creative projects by offering rewards to raise money from other users (“Promoters”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Content Creators, Promoters, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

Please read these Terms of Use carefully.

IF YOU ARE UNDER THE AGE OF 13, YOU MAY USE THIS WEBSITE ONLY WITH AUTHORIZATIONAND SUPERVISION OF A PARENT OR LEGAL GUARDIAN.

Please be advised that we may, in our sole discretion, replace or modify these Terms of Use and policies at any time and without notice to you. Therefore, it is important that you periodically review the most recent version of these Terms of Use, as posted on this Website.

Privacy Policy

Please review our Privacy Policy located atwww.jamplify.com/privacy, which also governs your visit to this Website and use of the Content contained on this Website or downloaded therefrom, including without limitation, the text, software (whether downloadable or non-downloadable), scripts, technology, user interfaces, data feeds, forum posts, chat posts, profiles, widgets, messages, links, emails, graphics, images, video, code, sounds, music, audio-visual combinations, games, User Content (as defined below), all audio visual or other material appearing on or emanating to and/or from this Website, as well as the design and appearance of this Website and the accompanying information and documentation (the “Content”). By visiting or using this Website or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.

License and Use of this Website and the Content

Jamplify grants you a limited, non-exclusive, non-transferable, freely revocable license to access and make personal use of this Website and to download the Content which has been approved for download by us solely for personal entertainment purposes.

You agree that you shall not modify this Website or the Content, or any portion of this Website or the Content (other than necessary for page viewing or downloading), except with our express written consent. This license does not extend to and does not permit you, in any direct or indirect manner, to make any commercial use of this Website or the Content.

Except as expressly permitted under these Terms of Use, this Website, the Content or any respective portion thereof may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You agree that you shall not reproduce, distribute, duplicate transmit, broadcast, display, create derivative works of, create of utilize samples, or otherwise materially modify, use or exploit any of the Content except with our express written consent. Jamplify reserves all rights not expressly granted herein to the Website and the Content. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. Any unauthorized use of this Website automatically terminates your permission or license to accessand use this Website.

You agree that you shall not download or copy any account information for the benefit of another. You agree not to use or launch any data mining, spiders, robots, or similar data gathering and extraction tools. You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use this Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.

We attempt to provide accurate descriptions of the Content. However, we do not warrant that the Content or any parts thereof are accurate, complete, reliable, current, error-free, or free of malicious software (such as viruses, Trojan horses and the like) or other rogue programming. The Content is provided to youAS ISand any Content is downloadable solely at your own risk. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error. We reserve the right to remove any Content without prior notice.

This Website may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any such third party websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites, the products or services offered on or through those websites or the privacy policies, or practices of any of those websites. If you access such websites, you do so solely at your own risk.

This Website may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content may be subject to copyright, trademark and other intellectual property rights under United States and foreign laws andinternational conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

Submission of User Content

This Website may allow users to submit, upload, post, or create (collectively “submit”) certain types of content to or via this Website (“User Content”). You acknowledge and agree that Jamplify does not guarantee any confidentiality with respect to any User Content you submit. You shall retain all ownership rights to and shall be solely responsible for your own User Contentand the consequences of submitting and publishing such User Content. You affirm, represent,and warrant that you own or have the necessary licenses, rights, consents, and permissions to create and publish any User Content you submit. You may not upload or post any User Content on this Website that infringes on the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.

By submitting any User Content, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and freely transferable license to use, reproduce, distribute, prepare derivative works of, and display such User Content. You acknowledge and agree that User Content may be utilized by this Website’s users in various ways over which, we do not have any control and you expressly release us from any claims with respect to any use of User Content by any third parties.

We do not endorse any User Content submitted to this Website and expressly disclaim any andall liability in connection with such User Content. We explicitly reserve the right to remove or modify any User Content in any manner at any time without prior notice.

Accessing this Website and its Content

Users may access this Website and its Content by using their Facebook or Twitter accounts andlogin information. Your access to this Website and Content through your Facebook or Twitter accounts will be subject to Facebook and Twitter’s respective separate privacy policies, user agreements, terms and conditions. Accordingly, you should review Facebook and Twitter’s respective privacy policies and terms of service before accessing this Website by using your Facebook or Twitter accounts and login information. If you access this Website or its Content through your Facebook or Twitter accounts, you must also continue to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your Facebook or Twitter account and password information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Facebook or Twitter account or password. If you are under the age of 13, you may use this Website only with authorization andsupervision of a parent or legal guardian. Jamplify reserves the right to refuse service, terminate access to this Website, remove or edit the Content in its sole discretion.

Intellectual Property

Subject to the provisions of these Terms of Use, this Website and the Content are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights to the Content. You agree not to engage in the use, copying, or distribution of the Content unless you are expressly permitted to do so by a written agreement with us.

All product, brand and company names and logos used on this Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on this Website, whether or not owned and/or operated by us (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. Notwithstanding the above, Jamplify hereby grants you a limited, nontransferable, non-assignable, revocable, non-exclusive, worldwide, royalty-free license, without right of sublicense (“Trademark License”) during the term of this Agreement to use, copy, distribute, display and reproduce the Jamplify trademarks solely in connection with promoting Jamplifyand/or this Website via social media websites through which you are gaining access to this Website. We reserve the right to specify, from time to time, the format in which you may use, copy, distribute, display and reproduce the Jamplify trademarks, and you shall only use, copy, distribute, display and reproduce the Jamplify trademarks in a format approved by us. You may not use metatags or any other "hidden text" utilizing any name, trademark, service mark or product or service name of Jamplify without our prior written permission. In addition, the lookand feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jamplify and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Digital Millennium Copyright Act Copyright Policy and Complaints

Jamplify respects the intellectual property of others. If you believe that any material on this Website or any use of the this Website infringes upon any copyright that you own or control, you may send us a notification of such infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) containing the following information (please see 17 U.S.C. 512 (c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing can be found on this Website;
  • Your address, telephone number, and email address or other information reasonably sufficient to permit us to contact you;
  • A 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
  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

Send the notification to us as follows:

copyright@jamplify.com

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Jamplify or any third party.

Jampaigns: Promoting Content

Jamplify is a platform where certain Content Creators create campaigns to promote creative content by offering rewards to incentivize Promoters to share the Content Creators’ creative content. By promoting or creating a campaign on Jamplify, you agree to be bound by this entire Agreement, including the following terms:

  • Where provided, the Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Content Creator hopes to fulfill by.
  • Content Creators agree to make a good faith effort fulfill all rewards of their campaigns.
  • It is the sole responsibility of the Content Creator to fulfill each reward. Jamplify will make a good faith attempt to deliver to Content Creators the contact information of Promoters so that Content Creators may fulfill rewards.
  • For some rewards, the Content Creator needs further information from Promoters, such as a mailing address or t-shirt size, to enable the Content Creator to deliver the rewards. The Content Creator shall request the information at some point after the campaign is completed. To receive the reward, Promoters agree to provide the requested information to the Content Creator.
  • Jamplify reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Jamplify is not liable for any damages as a result of any of those actions. Jamplify’s policy is not to comment on the reasons for any of those actions.

Jamplify is not liable for any damages or loss incurred related to rewards or any other use of the Service. All dealings are solely between Users. Jamplify is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Jamplify does not oversee the performance or punctuality of campaigns. The Company does not endorse any User Submissions. You release Jamplify, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

OFFICIAL RULES OF CONTESTS

  1. No Purchase Necessary:
  2. Contests are open to participants who are at least 13 years of age or older on the date of entry. Contests are void where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement and acceptance of these Official Rules which shall be final in all respects.

  3. How to Enter:
  4. NO PURCHASE IS NECESSARY TO ENTER OR WIN, and no entry fee, payment or proof-of-purchase is necessary to participate in Contests. To enter, visit www.jamplify.com and follow instructions to complete a contest application. Prospective entrants must complete and submit the entry form as instructed to be eligible.

  5. How to Play:
  6. There is a limit of one (1) entry per person. The name of the person submitting the contest entry must be the authorized account holder of such email address and phone number, otherwise, entry may be deemed void. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the email address submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address and phone number. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Contest Period. Proof of submission of entry does not constitute proof of receipt of entry. All entries become the property of Sponsor and will not be returned to the entrants. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Contests on Jamplify are in no way sponsored, endorsed or administered by Facebook©. If you enter, you are providing your information to Jamplify not to Facebook©. Content Creators shall select all winners at their sole discretion. Winner will be notified by Content Creators via e-mail. The odds of winning depend on the participation of contestants. Content Creators will be responsible for all applicable shipping and handling fees, as well as for any taxes. If these rules differ from any promotional or other materials published in connection with the Contests, these rules shall control. Questions regarding Contests should be directed topromote@jamplify.comnot to Facebook©.

  7. Prizes:
  8. Prizes will be generally awarded as described on the platform. Jamplify will use good faith efforts to ensure that all descriptions are accurate but reserves the right to update, correct and otherwise change the prizes and terms of awarding such prizes. All prize winners shall be determined by Content Creators in their sole discretion. Jamplify shall undertake a good faith effort to notify Content Creators of the identities of prize winners.

  9. Conditions:
  10. Prizes are non-transferable. No cash redemption or substitution will be allowed, except at the discretion of the Content Creator and Jamplify. Winners are solely responsible for any applicable taxes on the prize. If the prize is unavailable, the Content Creator reserves the right to substitute a prize of equal or greater value. Jamplify also reserves the right to cancel or modify the Contest or these Official Contest Rules if fraud, technical failures or any other factor beyond Jamplify’s reasonable control impairs the integrity of this Contest, as determined by Jamplify, in its sole discretion. By participating, where allowable by law, entrant grants to Jamplify the worldwide right to publish, broadcast and use in any media, including the World Wide Web, participant’s entry, name, picture, and likeness, without limitation, for promotional and advertising purposes without additional compensation. Winner or winner’s guardian may be required, in the sole discretion of Jamplify, to sign and return an affidavit of eligibility and a liability release within ten (10) days of the issuance of such documents or the prize may be forfeited and awarded to an alternate winner.

  11. Unacceptable Forms of Promotion:
  12. As stated in these Terms and Conditions, Jamplify retains the right to terminate a User's account for any reason. Jamplify seeks to ensure fairness in its campaigns, such that Users are rewarded and ranked based on fair practices. Incentivizing others to click on a User's promoter link is strictly forbidden. It is also forbidden to deceive others into clicking on a User's promoter link. Jamplify also forbids the use of bots, auto-clickers, traffic websites, paying to drive, traffic, or external scripts. While these actions are explicitly forbidden, any action that compromises the fairness of the platform as determined by the judgement of Jamplify is forbidden and will result in the termination of the User's account.

Pricing and Plans

We reserve the right to modify, alter, create, or discontinue our plans collectively or individually.

Our plans have certain thresholds regarding the number of promoters your account can achieve. These thresholds ensure that your plan is fairly priced. Once you pass a promoter limit, you will be upgraded into the next tier. We will make sure to contact you personally before this happens.

We reserve the right to cancel your account, close your dashboard and immediately deactivate all urls, links and marketing and advertising materials created on our site, with or without cause, in our sole discretion.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS ANDSERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY JAMPLIFY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JAMPLIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAMPLIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAMPLIFY DOES NOT WARRANT THAT THIS WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM JAMPLIFY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL JAMPLIFY OR ANY OF ITS AFFILIATES OR CUSTOMERS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THIS WEBSITE OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF JAMPLIFY OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify, defend and hold Jamplify and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the "Jamplify Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any Jamplify Party as a result of or in connection with (i) any breach by you of any of the provisions of theseTerms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of this Website or the Content by you or anyone within your control.

Jamplify reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Jamplify's defense of such claim. Jamplify may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Legal Compliance

Jamplify recognizes that this Website and its Content may be accessed in jurisdictions where such access or use of this Website or Content is unlawful. Accessing or using this Website or Content is strictly prohibited if such access or use would be unlawful. If you access or use this Website or Content in a jurisdiction where such access or use would be unlawful, you do so at your own initiative and risk and you are responsible, in all respects, for compliance with local laws.

Disputes and Applicable Law

By visiting this Website, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Jamplify. Any dispute relating in any way to your visit to this Website or to the Content shall be solely adjudicated in Supreme Court of the State of New York or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.

Changes and Severability

You agree to checkwww.jamplify.com/termsperiodically for new information and terms that govern your use of this Website. We reserve the right to make changes to this Website, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Us

[hello@jamplify.com]

You agree to receive communications from us electronically regarding your account, these Terms of Use and this Website , and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.

This User Agreement and Terms of Use were last updated in July 2012.