Terms of Service

Use of the 3jam service is subject to the following Terms of Service ("TOS"). These terms may be updated without notice and will be available at www.3jam.com/terms_of_service.php.

Description of Services

3jam is a group text messaging service that offers users the ability to send and receive messages to and from groups of people. By accessing and using 3jam, you agree that you have read, understand and accept the terms and conditions below for all use of the 3jam services, including the 3jam web site, the 3jam WAP/Wireless Web site and the 3jam SMS messaging system (collectively, the "Services").

You understand and agree that the Services are provided "AS-IS" and that 3jam assumes no responsibility for the timeliness, mis-delivery or failure to transmit communications. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as wireless carrier messaging fees). You understand and agree that the Services may include certain communications from 3jam, such as services announcements and administrative messages. You are responsible for any fees associated with those messages; you and the recipients of your messages are responsible for any fees associated with your messages. In addition, you must provide and are responsible for all equipment necessary to access 3jam. You understand and agree that 3jam may send you text messages over any of the following shortcodes or longcodes and may modify this list from time to time without notice to you: +14152838691, +14153749765, +4154015055, +14154898140, +14155037913, +14155139863, +16506460007, +16506460008, +16506460009, +447797805430, +447797805431, +447797805432, +447797805433, +447797805434, +447797806160, +447797806161, +447797806162, +447797806163, +447797806164, +447797806165, 10952, 10958, 43526, 45719, 54880, 61268, 71226, 88133, 89142, +447717989981, +447717989982, +447717989983, +447717989984, +447717989985, +61416905200, +6141690520, +61416905202, +61416905203, +61416905204, +61416905205, +61416905685, +61416905686, +61416905687, +61416905688, +61416905689, 333444, 68992, 28133.

Eligibility

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must be at least 18 years old to be eligible to use the Services.

Privacy

Your name, phone number and other information about you is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of 3jam you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Conduct

You agree to not use 3jam to transmit any unsolicited or unauthorized advertising, promotional materials or "spam". You agree not to assume the identity of any individual other than yourself. You may not impersonate another member, or a 3jam staff member. You agree not to transmit materials through 3jam which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of 3jam; (iv) monitor or copy content on 3jam by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) impose an unreasonable or disproportionately large load on 3jam's infrastructure; (vi) involve fraudulent or illegal activities; or (vii) are intended to harass or annoy others. You acknowledge, consent and agree that 3jam may access, preserve and disclose your account information and correspondence if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of 3jam, its users and the public.

Modifications to 3jam Services

3jam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that 3jam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination

You agree that 3jam may, for any reason or no reason and without prior notice, immediately terminate this TOS agreement and your 3jam account. You may terminate this TOS agreement for any reason by contacting 3jam.

Submissions

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to 3jam shall be and remain the exclusive property of 3jam. Your submission of any such Comments shall constitute an assignment to 3jam of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. 3jam will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. 3jam expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Credit balance

If you are a user in certain countries, 3jam requires you to have sufficient 3jam credit ("3jam Credit") to use 3jam's Services. If when you log into your 3jam account, you see a 3jam Credit balance, you are a user in such country subject to the 3jam Credit minimum. You may increase your 3jam Credit balance by several methods: (i) by purchasing 3jam Credit directly from us using either PayPal or Kospay; (ii) by purchasing a 3jam Credit voucher from a 3jam Reseller (a "Voucher"), which you can redeem directly from us for 3Jam Credit, (iii) by earning 3jam Credit by performing certain tasks via the 3jam web site in accordance with the terms we make available to you for earning 3jam Credit in connection with such tasks, or (iv) by other methods, if any, we choose to make available to you, from time to time. 3jam reserves the right to enable a billing system in any country at any time. If you earn credit (as described in (iii) above), 3jam will use commercially reasonable efforts to add the 3jam Credit for selected tasks you perform directly to your 3jam account promptly following the completion of your performance of the relevant tasks. We reserve the right to change the amount of 3jam Credit you earn by doing a task, to change the task or tasks available, and to terminate the right to earn 3jam Credit by performing tasks entirely. If and when you perform 3jam tasks to earn 3jam Credit, you will not, and will not authorize any party to, directly or indirectly, generate automated or fraudulent actions via the 3jam web site ("click-fraud"), including without limitation by using a person or automated script or computer program to generate automated or fraudulent clicks in response to any task or portion of a task via Site. Click-fraud and any other fraudulent actions (human or automated) via the 3jam web site are strictly prohibited at all times.

Nature of 3jam Credit

3JAM CREDIT IS NON-REFUNDABLE. When you purchase 3jam Credit via any of the available methods, you are prepaying non-refundable fees to 3jam for your use of Services in accordance with these Terms of Service. 3jam is not a bank account and 3jam Credit cannot be removed from the system under any circumstances. 3jam Credit is not exchangeable or redeemable for cash.

Credit expiration

3JAM CREDIT WILL EXPIRE IF THERE IS NO ACTIVITY ON YOUR ACCOUNT FOR THIRTY (30) DAYS. Expired 3jam Credit is lost and cannot be reactivated or refunded under any circumstances. 3jam reserves the right to change the expiration period at any time. In the event 3jam changes the expiration period, these Terms of Services will be updated to reflect the new expiration period.

Price

The amount of 3jam Credit you need use the 3jam Services to send a 3jam message is set out in the price list which can be found at http://3jam.com/billing.php?sAction=prices, and which is subject to change. The total charge that will be deducted from your 3jam Credit for a 3jam message will be the sum of the charges to send the 3jam message to each recipient. In the event 3jam changes the prices per message or recipient, or the overall method of calculating the total charge, these Terms of Service will be updated to reflect the new provisions.

Account correction/refund policy

If you believe an error has been made in your account balance of 3jam Credit, you should submit a request for a correction or refund to 3jam customer service by emailing us at payments@3jam.com. 3jam Customer service may, in its sole discretion, grant your request for a refund or correction, at its sole discretion. 3jam shall have no obligation whatsoever to consider requests for refunds or corrections regarding payments made by you to a 3jam Reseller. If you have purchased 3jam Credit directly from 3jam, 3jam will refund any remaining 3jam credit in your account under these terms if you choose to terminate your account with 3jam and are otherwise in compliance with these Terms of Service. The preceding sentence does not apply to any 3jam Credit you purchased from a 3jam Reseller, which you earned by performing tasks, or which you have obtained from any other method other than purchasing directly from 3jam.

Vouchers

You may transfer 3jam Credits to other users by using a 3jam voucher ("Voucher"). In order to create a 3jam Voucher, you may, via the 3jam web site, create a voucher for any amount of 3jam Credit that is less than or equal to your then-current account balance. 3jam will deduct the amount you select for the 3jam Voucher from your account balance at the time the 3jam Voucher created. You may then provide the 3jam Voucher to any other 3jam user of your choice. When the user redeems the Voucher via the 3jam site, 3jam will credit the exact amount of 3jam Credit on the Voucher to the account of the user redeeming the voucher. Vouchers which are redeemed in a different currency than the currency in which they were created will be redeemed subject to the applicable exchange rate at the time of redemption as determined by 3jam. Each Voucher may only be redeemed once. 3jam reserves the right, in its sole discretion, to expire unredeemed Vouchers ninety (90) days after issuance.

Fraud policy

If 3jam determines, in its sole discretion, that you have fraudulently purchased 3jam Credit (or purchased 3jam Credit other than in accordance with these Terms of Use), your account will be terminated immediately and you will forfeit the remaining balance of 3jam Credit, if any, in your account at the time of termination. If you believe your account has been terminated in error, please contact payments@3jam.com.

Reseller Directory

3jam makes the Reseller Directory available via the 3jam web site as a service to our users and does not vouch for any of the resellers listed therein. YOU AGREE THAT YOUR USE OF A RESELLER TO PURCHASE 3JAM CREDIT IS AT YOUR SOLE RISK AND THAT 3JAM BEARS NO RESPONSIBILITY OR LIABILITY FOR THE ACTS OR OMISSIONS OF THE RESELLERS LISTED IN THE DIRECTORY. 3JAM PROVIDES THE RESELLER DIRECTORY TO YOU SOLELY FOR CONVENIENCE AND YOU SHOULD IN NO WAY RELY ON ANY INFORMATION IN THE RESELLER DIRECTORY AS ACCURATE OR VERIFIED IN ANY WAY BY 3JAM. If you have a complaint about a Reseller in the directory please contact resellers@3jam.com immediately. 3jam reserves the right to remove any Reseller from the Reseller Directory at any time in its sole discretion.

Reseller program

You may at any time, at no extra charge choose to register to be a Reseller in our Reseller program. After you register, 3jam will use commercially reasonable efforts to promptly publish the contact information you provide when registering (e.g., your full name and contact information) as a Reseller in our Resellers Directory. IF YOU REGISTER TO BE A RESELLER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO PARTICIPATE IN THE RESELLER PROGRAM, AND THAT DOING SO IS NOT A VIOLATION OF ANY APPLICABLE LAW, REGULATION OR CONTRACTUAL OBLIGATION TO WHICH YOU ARE BOUND. YOU AGREE TO COMPLY WITH ALL GOVERNMENTAL, LEGAL AND REGULATORY RESTRICTIONS IN YOUR NATIVE COUNTRY, AS WELL AS THOSE IN ANY OTHER JURISDICTION THAT APPLY TO YOU. YOU AGREE TO PAY ALL TAXES INCURRED FROM ANY PROFIT MADE AS RESULT OF ACTING AS A 3JAM RESELLER. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS 3JAM FOR ANY BREACH OF THESE TERMS OF USE BY YOU AS A RESELLER. If you register to be a Reseller, you agree to conduct yourself in a professional manner, and to timely honor all requests to buy 3jam Credit from 3jam users which you accept. You may be removed from this directory and 3jam reserves the right to terminate you as a Reseller immediately if 3jam receives complaints about your conduct as a 3jam Reseller or for any reason at 3jam's sole discretion. If you believe you have been removed in error please contact resellers@3jam.com.

3jam and you are independent contractors with respect to any services or activities conducted hereunder. Resellers and their agents shall not hold themselves out to third parties as having the power to contractually bind 3jam with respect to any matter, nor speak on behalf of 3jam with respect to any matter, and shall be responsible for their own employees and agents, and such employees and agents shall not be deemed to have an employment relationship, a partnership relationship, or any other similar relationship with 3jam.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 3JAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 3JAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3JAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3JAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

Disclosure

The Services are provided by 3jam, Inc., which is located at Suite B, 365 Vermont Street, San Francisco, CA 94103.

Governing Law

This Agreement shall be governed by the laws of the State of California, USA, and all disputes arising hereunder shall be brought in the state and federal courts of the State of California, USA.

Entire Agreement

This Agreement constitutes the entire agreement between you and 3jam with respect to your use of the Services. Please contact us with any questions regarding this Agreement.