TERMS OF SERVICE

1. Acceptance of the Terms of Use: These terms of use are entered into by and between you (“you”) and Shout Out ToTo! Inc., dba: That’s My Jam (“Shout Out ToTo!”, “That’s My Jam”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of the That’s My Jam mobile application (“App”), including any content, functionality, and services offered on or through the App.

Please read the Terms of Use carefully before you start to use the App. By creating an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Shout Out ToTo! Privacy Policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

This App is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the App, you represent and warrant that you are of legal age to form a binding contract with Shout Out ToTo! and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

2. ‌Changes to the Terms of Use: We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the App or send you notice via email affiliated with your That’s My Jam account. Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you.

3. ‌Accessing the App: We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App or the entire App.

You are responsible for making all arrangements necessary for you to have access to the App and ensuring that all persons who access the App through your device are aware of and comply with these Terms of Use.

4. Intellectual Property Rights: The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Shout Out ToTo!, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not use Shout Out ToTo!’ intellectual property without the prior written permission of Shout Out ToTo!. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or purchased through the App. You must not:

· Modify copies of any materials from this App.

· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Unless otherwise permitted by these terms, no right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Shout Out ToTo! or its licensors. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Prohibited Uses: You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Shout Out ToTo!, a Shout Out ToTo! employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Shout Out ToTo! or users of the App or expose them to liability.
For any commercial purposes.

Additionally, you agree not to:

Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the App.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the servers on which the App is stored, or any server, computer, or database connected to the App.
Otherwise attempt to interfere with the proper working of the App.
Copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology, data or content stored or incorporated within the App

6. Personal Use of the Mobile App: The Mobile App is provided only for your personal, non-commercial enjoyment. You may not make commercial use of, or record, charge admission for listening to or distribute licensed materials.

7. Content Disclaimer: All music, programming, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content available on the App (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content are owned by us or are the property of our licensors and suppliers who have given us permission to use it. Your access to and use of the App, nor do these Terms of Use grant you any right, title, interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s).

8. Agreement Term, Initial Term, and License Term: This Agreement commences on the Effective Date and is in effect until you cancel any applicable That’s My Jam account in accordance with this section. Either party may terminate this Agreement at any time for any reason by notifying the other party. You agree and acknowledge that Shout Out ToTo!, nor That’s My Jam Mobile App has no obligation to retain customer data after termination and may delete customer data 30 days after your account is cancelled.

9. Changes to the App: We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

10. Information About You and Your Visits to the App: All information we collect on this App is subject to the Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Links from the App: If the App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. Geographic Restrictions: The owner of the App is based in the state of Texas in the United States and the App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the App outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.

13. Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHOUT OUT TOTO! NOR ANY PERSON ASSOCIATED WITH SHOUT OUT TOTO! MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER SHOUT OUT TOTO! NOR ANYONE ASSOCIATED WITH SHOUT OUT TOTO! REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SHOUT OUT TOTO! 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SHOUT OUT TOTO!, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY SITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification: You agree to indemnify, defend, and hold harmless Shout Out ToTo!, Inc. dba: That’s My Jam and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of these Terms of Use, including but not limited to the content you submit or make available through the App.

Shout Out ToTo! shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the App directly infringes a copyright, a U.S. patent issued as of the date that you acknowledge your acceptance of these terms, or a trademark of a third party; or (ii) a claim, which if true, would constitute a violation by Shout Out ToTo! of its representations or warranties.

16. Governing Law: These Terms of Use are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Unless provided otherwise in connection with the Arbitration provisions of these Terms of Use agreement, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Dispute Resolution and Binding Arbitration.

· Informal Resolution: It is Shout Out ToTo!’ goal that the App meet your expectations and live up to our promises to you. However, there may be instances when you feel that Shout Out ToTo! has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Shout Out ToTo!, you acknowledge and agree that you will first give Shout Out ToTo! an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the action giving rise to the problem being performed by sending an email to Info@ThatsMyJam.app. You then agree to negotiate with Shout Out ToTo! in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (90) days after Shout Out ToTo!’ receipt of your written description of it, you agree to arbitrate the dispute in accordance with the arbitration provisions below.

· BINDING ARBITRATION: Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by arbitration in Dallas, Texas before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Exceptions to Arbitration. You and Shout Out ToTo! agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Shout Out ToTo!’ intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

18. Limitation of Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Notice: Shout Out ToTo! may give notice by means of a general notice on the App or to any e-mail address of yours on record with Shout Out ToTo!. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Except as otherwise provided in these Terms of Use, you may give notice to Shout Out ToTo! (such notice shall be deemed given when received by Shout Out ToTo!) at any time by email to Info@ThatsMyJam.app.

20. Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

21. Severability: If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

22. Entire Agreement: These Terms of use and our Privacy Policy constitute the entire agreement between you and Shout Out ToTo!, Inc. dba: That’s My Jam with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

23. Your Comments and Concerns: This App is operated by Shout Out ToTo! Inc., a Texas corporation. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to Info@ThatsMyJam.app.

Contact

info@thatsmyjam.app

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