Terms of Service
LICENSE AND SITE ACCESS
Dare Fusion grants the Customer, for the Term of this Agreement and in the Territory (both defined by the individual subscription agreement between Dare Fusion and Customer), a limited, non-exclusive, terminable, and nontransferable license to access and make personal use of the Services and Content and not to download (other than necessary for page viewing) or modify the Services or Content, or any portion of thereof, except with Dare Fusion’s express written consent. The Customer may not make any resale or commercial use of the Site or the Content; any collection or use of any product listings, descriptions, or prices; any derivative use of the Site and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Services and Content or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold, or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, videos, or form) of The Jam Platform without our express written consent. The Customer may not disassemble, decompile, or reverse engineer any online components of the Services or Content nor take any action, whether intentional or unintentional, that may circumvent, disable, damage, or impair The Jam Platform control or security systems nor allow or assist a third party to do so. The Customer shall only use the Services and Content in a manner that does not disparage the Services, Content, or Dare Fusion or otherwise use the Services or Content in any manner that Dare Fusion may, in its sole discretion, deem inappropriate. Any unauthorized use of The Jam Platform automatically terminates your permission or license to use our Services. All rights not expressly granted to Customer are reserved to Dare Fusion, and all uses of the Content by you not expressly permitted hereunder are prohibited.
Customer acknowledges and agrees that the Services and Content possess a special, unique, and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use and that unauthorized use may cause immediate and irreparable damage to Dare Fusion for which Dare Fusion would not have an adequate remedy at law. Therefore, Customer agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Dare Fusion, Dare Fusion shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
You agree that you will not send us or any other User 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 The Jam Platform 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.
Dare Fusion is not responsible for any inaccuracies in description of listings. We do not warrant that location listings descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
The Jam Platform may include links to other Internet sites. We do not monitor or endorse any such sites or the information, products, or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
To the extent you access any of the Content online, you shall have a valid username, password, and passcode for such purposes (the “Log-In Information”). You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Customer. You are responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Services or Content by unauthorized persons using Log-In Information. Unauthorized access to or use of the Content by someone using a Customer or duly assigned student user of Customer Log-In Information may be attributed to such Customer.
You must keep your Log-In Information updated. In creating and updating your Log-In information, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for The Jam Platform without permission. You must notify us immediately of any change in your eligibility to use The Jam Platform (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
The Jam Platform, the Services, and the Content are owned by or licensed to Dare Fusion, subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. Dare Fusion reserves all rights to the Content, and by using the Content, even as permitted hereunder, you do not gain any ownership interest in the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of The Jam Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.
Dare Fusion trademarks, the Dare Fusion logo, and any other product or service name or slogan contained in the Services and the Content are trademarks, trade dress, and service marks of Dare Fusion and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Dare Fusion or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Dare Fusion” or any other name, trademark, service mark, or product or service name of Dare Fusion without our prior written permission. In addition, the look and feel of The Jam Platform, including all page headers, custom graphics, button icons, and scripts, are the service marks, trademarks, and/or trade dresses of Dare Fusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names, and company names or logos mentioned in the Services or Content are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof, nor does it imply their endorsement of us.
Dare Fusion may, but is not obligated to, monitor or review any areas of The Jam Platform where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, social networks, groups, communities, messaging, and direct messaging and other user forums. Dare Fusion, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, copyright, defamation, privacy, obscenity, or otherwise. Dare Fusion retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
RULES OF CONDUCT
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of The Jam Platform or any activities conducted on The Jam Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to The Jam Platform (or other accounts, computer systems or networks connected to The Jam Platform); (iv) run any form of auto-responder or “spam” on The Jam Platform; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from The Jam Platform; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of The Jam Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of The Jam Platform, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
USING JAM AS A HOST
- Hosts are solely responsible for setting usage fee rates for their Spot(s), and for collecting usage fees directly from the Guest at the completion of a reservation. Hosts may change usage fees at any time, however Host agrees to honor the rate in effect at the time the booking was made.
- Hosts agrees to list any additional rules or requirements necessary for the use of Host’s Spot(s) (“Host Rules”) by completing the Host Rules feature of The Jam Platform.
- Hosts are solely responsible for cleaning their Spot(s), including meeting any laws or guidelines set forth by Host’s local health officials.
- Hosts are solely responsible for ensuring that listing or booking Spots through The Jam Platform does not violate any restrictive covenants, building codes, lease terms, or other policies relating to space usage.
- Hosts are responsible for ensuring that their Spots are safe and in compliance with any applicable law.
- Hosts agree to fulfill the reservations made against the Spots that they have listed; and they will act expeditiously to prevent reservations that they cannot fulfill by placing “time holds,” deactivating affected Spot listings, or other means.
- Hosts understand and agree that Jam is an on-demand service and as such, reservations made on The Jam Platform do not require a Host confirmation. Hosts further agree not to add language to Host Rules to imply that a confirmation is expected or required.
- Hosts may only cancel a reservation by contacting the Guest directly using the means provided by the Guest on The Jam Platform. Cancellations that occur without contacting the user prior to the time of the reservation may result in the Host losing the ability to host on The Jam Platform, or having their User account terminated at the sole discretion of Dare Fusion.
- Hosts understands that bookings can be made for periods of time as short as thirty (30) minutes in length. Guests occupying a Jam Spot will be allowed a five (5) minute period of time extending beyond the end time of their current booking during which to vacate the Spot (“Transition Time”), and facilitate cleaning and any other readiness preparation. Hosts should ensure that this transition time is honored. Guests who are unable to start at no less than five minutes past their reservation time may report the reservation as “CANCELLED WITHOUT NOTICE.”
USING JAM AS A GUEST
- Users agree to uphold the Host’s Rules, which are created by each Host, and are listed for each Spot as a condition of use prior to booking.
- Guest understands that bookings can be made for periods of time as short as thirty (30) minutes in length. As such Guests should be prepared to start and end on time, to facilitate cleaning and any other readiness preparation prior to the next booking. Guests occupying a Jam Spot will be allowed a grace period of five (5) minutes extending beyond the end time of their current booking to vacate the Spot (“Transition Time”). If the Host is unable to make the Spot available no less than five minutes past the reservation time, the Guest may continue with the reservation time remaining or report the reservation as “CANCELLED WITHOUT NOTICE.”
COPYRIGHT POLICY AND COMPLAINTS
Dare Fusion respects the intellectual property of others. If you believe that any material on The Jam Platform or any use of The Jam Platform infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 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 the Site;
- Your address, telephone number, and email address;
- A statement that you believe 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:
1343 26th Street #101, Santa Monica, CA 90404 firstname.lastname@example.org
In accordance with the Digital Millennium Copyright Act 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 Dare Fusion or any third party.
THIRD PARTY SERVICES
The Jam Platform may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to The Jam Platform. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operator and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
PAYMENTS AND BILLING
Certain of our Services, including the rental of any spaces listed by us, may be subject to payments now or in the future (the “Paid Services”). Please see our Help/FAQ: https://docs.jamspot.io for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on The Jam Platform (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
CURRENT INFORMATION REQUIRED
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.DAREFUSION.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at help@DareFusion.com. Trial Offers are one-time only for new customers and are limited to one (1) per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of this Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DARE FUSION’S SITES ARE PROVIDED BY DARE FUSION ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DARE FUSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE JAM PLATFORM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DARE FUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DARE FUSION DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH DARE FUSION’S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM THE JAM PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARE FUSION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH DARE FUSION’S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL DARE FUSION’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID TO DARE FUSION BY THE INJURED PARTY OR US$500.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Dare Fusion reserves the right, at our 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 Dare Fusion’s defense of such claim. Dare Fusion may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect.
Hosts alone are responsible for any events and activities provided or performed at the rental space that they submit, list, and provide. Dare Fusion provides the booking services and Platform and is not itself an operator or provider of activities, events, business use, or host services. Dare Fusion does not own, sell, resell, furnish, provide, manage and/or control any such events, activities, or other Host Services. Dare Fusion’s responsibilities are limited to making the Listings for Rental Space, Events or other Host Services available through The Jam Platform. DARE FUSION IS NOT A REAL ESTATE BROKER , REAL ESTATE SALESPERSON, INSURER, OR REAL ESTATE AGENT. DARE FUSION SHALL BE HELD HARMLESS FOR THE CONDUCT OF PROPERTY OWNERS, USERS OF THE JAM PLATFORM AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. DARE FUSION DOES NOT MANAGE, OWN, OPERATE, OR PROVIDE ANY PROPERTY.
DISPUTES AND APPLICABLE LAW
Notwithstanding any other provisions of this Agreement:
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in any class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
SEVERABILITY: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
CHANGES AND SEVERABILITY
COMMUNICATION WITH JAM
1343 26th Street #101, Santa Monica, CA 90404 email@example.com
You agree to receive communications from us electronically regarding your account, this Agreement and The Jam Platform, 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.
November 10, 2020