Terms of Service

Last updated: 11 March 2021

INTRODUCTION

Welcome to OnJam Limited (“OnJam”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://onjam.tv operated by OnJam Limited. The "OnJam service", "our service" or "the service" means the service provided by OnJam for discovering and watching content, creating shows, all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

When you use OnJam, you’re agreeing to all the rules on this page, the Privacy Policy and the Community Guidelines.

Thank you for being responsible and helping us to keep OnJam a fun and positive place for everyone.

CREATING AN ACCOUNT

To sign up for an account with OnJam, you need to be 18 or over. You must also guarantee that the information you provide us is accurate, complete, and current at all times. If necessary, we may ask you for proof of age.

You can browse OnJam or buy a ticket without registering for an account. But to use some of our features, you’ll need to register, choose a username and set a password.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on OnJam.

FREE ACCESS AND DISCOUNTS

Your access to OnJam may start with a complimentary or discounted ticket. The duration of your access will be specified during sign-up and is intended to allow new audience members to try the service.

Eligibility for free access or discounts are determined by OnJam at its sole discretion and we may limit eligibility or duration to prevent abuse of these benefits. We reserve the right to revoke any free access or discounted access if we determine you are not eligible. For combinations with other offers, restrictions may apply.

In the event that your free access or discount is linked to a future bill or billing cycle, you will be charged at the end of the free access or discounted access period unless you cancel before the last day of the period. If you have any questions about future billing or dates, please contact OnJam at support@onjam.tv.

BILLING, REFUNDS AND CANCELLATIONS

Prices are clearly marked for all possible transactions on OnJam’s Website, including tickets, subscriptions and other products or services. By making a purchase, you authorise OnJam to charge your Payment Method (e.g. credit card) with the associated amount.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

If your card is declined for any reason, you will not receive access to the show.

Unfortunately we cannot offer a refund for tickets bought, add-ons (physical or digital) purchased with the ticket, donations or tips. Except when required by law, paid Subscription fees are non-refundable.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SUBSCRIPTIONS

Some parts of OnJam’s Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or OnJam Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting OnJam customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide OnJam with accurate and complete billing information including full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize OnJam to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, OnJam will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

TICKETS, ADD-ONS, DONATIONS AND TIP JARS

OnJam offers Artist Account holders the ability to define their own ticket types and prices, the option to add physical goods (e.g. T-shirts or CDs), digital goods (e.g. digital programme, keepsake artwork in a digital form) and donations to purchases of tickets. There is a minimum ticket price of £5. Beyond this, OnJam does not have any control over prices, ticket options or descriptions created by Artist Accounts. Artists are responsible for ensuring the accuracy, completeness, timeliness or reliability of any such information.

If physical goods are sold either individually or as part of a package, the relevant Artist Account holder is solely responsible for the legality, safety and quality of the goods, accuracy of information relating to the goods, sales tax, shipping fees and shipping or delivery to the purchaser. OnJam takes no responsibility for tax, shipping or any other fees or costs associated with physical sales by Artist Accounts.

OnJam also offers Artist Account holders the option to add a tip jar. Any tips requested or given are at the sole discretion of the Artist Account holder (tips requested) or audience member (tips given).

CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via OnJam’s Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

CHANGES TO PRICES OR PRICING PLANS

OnJam, in its sole discretion and at any time, may change its prices or pricing plans from time to time. Artists or creators set their own prices, and are solely responsible for them.

Any changes will be clearly communicated and, in the case of subscriptions, with a reasonable prior notice of any changes to give you an opportunity to terminate your Subscription before the change becomes effective. You will never be charged extra for something you bought at a lower price previously.

Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

AMENDMENTS TO TERMS

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us.

FEES AND TAXES

Creating an account on OnJam is free for both artists and audience members.

If you successfully create an Artist account, you will be able to earn money with OnJam. OnJam collects fifteen percent (15%) of gross artist revenues: the Audience member will pay this amount and we will retain it and no other party shall have any right to any such amounts. Payment processing fees are separate and may vary slightly based on your location, or the location of the person (fan or supporter) interacting with your OnJam account by, for example, buying a ticket to one of your shows on OnJam. Each payment provider is its own company, and OnJam is not responsible for its performance. You are wholly responsible for paying any additional fees or taxes associated with your use of OnJam.

After such fees are deducted, the artist will receive a payout of all the remaining revenues within 5 business days.

USE BY MINORS

By creating an account with OnJam, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by the Terms. If necessary, OnJam may request proof of age and reserves the right to suspend or terminate any account which it reasonably believes is in violation of this rule.

If content is aimed at people under the age of 18, this will be clearly marked. OnJam takes all reasonable precautions to ensure such content is suitable for people under the age of 18 but is not responsible for any damages, issues or upset caused by content that does not comply with these Terms. Artists are responsible for making sure they adhere to the Community Guidelines on Minors. Account holders are responsible for vetting any content they decide to share or expose under 18s to.

INTELLECTUAL PROPERTY

OnJam’s Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OnJam Limited and its licensors. OnJam is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OnJam Limited.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, translate or otherwise create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through OnJam, unless we give you express written permission to do so.

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the OnJam service; use any robot, spider, scraper or other automated means to access the OnJam service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the OnJam service; insert any code or product or manipulate the content of the OnJam service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OnJam service, including any software viruses or any other computer code, files or programs.

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

CREATING CONTENT ON ONJAM

Depending on the type of account you hold with OnJam (artist or audience/member account), our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through OnJam, including its legality, reliability, and appropriateness.

By posting Content on or through OnJam’s Service, You represent and warrant that: (i) the Content is in the public domain, and/or it is yours (you own it), and/or you have the right to use it and (ii) that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate or suspend the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through OnJam’s Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. OnJam Limited has the right but not the obligation to monitor and edit all Content provided by users.

OnJam artist account holders grant OnJam an unlimited license to create and use content uploaded to OnJam for promotional purposes, including production stills from filmed or livestreamed shows, behind-the-scenes footage, marketing materials such as show posters and free trailers or snippets.

The OnJam service and any content viewed on the service are for audience members’ personal and non-commercial use only. Each ticket is limited to use on one device at a time. No right, title or interest shall be transferred to you. You agree not to use the OnJam service or any of its content for public showings or performances.

At this time, OnJam content is not available for download or offline viewing.

The quality of the display of the content on our Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a show on our Service will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.

RELATIONSHIP WITH ONJAM

No activity by any OnJam user is intended to, or will be deemed to establish any partnership, joint venture, employment, independent contractor, agency, or any such relationship between OnJam and that user. Neither OnJam nor any user will be able to make or enter into any commitments for or on behalf of the other.

COPYRIGHT

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on OnJam infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@onjam.tv with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Digital Millennium Copyright Act of 1998”.

You may be held accountable for damages (including costs and legal fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

For more information, please refer to the “Intellectual property rights and copyrighted material” section of our Community Guidelines.

Digital Millennium Copyright Act of 1998 (the “DMCA”)

If you are a copyright owner, or authorized on behalf of one, and you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed.

The notice must include:

  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright's interest;
  2. Identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification) including the URL or specific location on the Service;
  3. Your name, address, telephone number, and email address;
  4. A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and
  5. a statement by you, made under penalty of perjury, 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.

Notices and counter-notices should be sent to OnJam Limited, FAO: Chief Executive Officer, with the subject line “Copyright Infringement” to dmca@onjam.tv. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

You may read more information about the DMCA at http://www.loc.gov/copyright

It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

PROHIBITED USE, CONTENT AND BEHAVIOUR

You may use OnJam only for lawful purposes and in accordance with OnJam’s Terms and Community Guidelines.

OnJam reserves the right to suspend and remove your account if it displays prohibited content or is associated with behaviours not permitted on the platform.

Please refer to our Community Guidelines for the specifics of what content, use and behaviours we accept on the platform. Thank you for playing your part in making this a positive and enjoyable experience for everyone!

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms or Community Guidelines.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ERROR REPORTING AND FEEDBACK

You may provide us either directly at support@onjam.tv or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) OnJam may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) OnJam is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant OnJam and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

WAIVER AND SEVERABILITY

No waiver by OnJam of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OnJam to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

DISCLAIMER OF WARRANTY

These services are provided by OnJam on an “as is” and “as available” basis. OnJam makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither OnJam nor any person associated with OnJam makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither OnJam nor anyone associated with OnJam represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

OnJam hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY

OnJam is not and should not be held liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of pages, shows or contents and we don’t endorse any content that users submit to the Site. When you use OnJam, you release us 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 Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including legal fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if OnJam has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of OnJam, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

ACKNOWLEDGEMENT

By using OnJam’s Services, you acknowledge that you have read these Terms and agree to be bound by them.

LINKS TO THIRD PARTY SITES OR SERVICES

Our Service may contain links to third party web sites or services that are not owned or controlled by OnJam Limited.

OnJam Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that OnJam Limited 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party websites or services that you visit.

CUSTOMER SUPPORT

Please send your questions, feedback, comments and requests for technical support to us at hello@onjam.tv.