Terms of Service
These terms of service, along with other terms and conditions presented by KKCompany Technologies Pte. Ltd. (“we,” “us,” or “our”), create a legal agreement between you (“you” or “User”) and us (“Terms”).
Please read these Terms carefully as they govern your use or access of websites, software, applications, platforms, and any other services we offer in connection with the services branded as JamJam (collectively, “JamJam”). By signing up for or otherwise using JamJam, you are deemed to agree to these Terms. If you do not agree to these Terms, please do not use JamJam.
You warrant and represent that you are entering these Terms on behalf of a company or other legal entity and have full authority to bind such entity to these Terms. If you are a minor, you should ensure that your parents (or guardians) read, understand, and agree to comply with these Terms in full before you start using JamJam. Your continuing use of JamJam after any modification or amendment to these Terms constitutes your or your parent’s (or guardian’s) acceptance of the updated Terms.
- Definition
“Software” means software and applications developed by us, including but not limited to all updated versions, any supplemental and external applications, and software subsequently provided by us.
“Member(s)” means a User who has completed the membership registration process (please visit the Q&A section on our website for more information regarding Member benefits). For the purposes of these Terms and unless stated otherwise, any use of “Member” or “Members” in these Terms collectively refers to all types of members.
“Member Account” means an online account given to a Member (together with password) upon completion of the registration process, through which a Member can use the password to log in and access JamJam.
“Plan(s)” means usage plans and their associated fees for JamJam.
“Payer(s)” means a User who purchases our paid products or services.
“Content” means games, information, communications, products, texts, photographs, videos, images, music, recordings, and other items made available through JamJam by Content Providers.
“Content Provider(s)” means any individual or company who has entered into content supply agreements with us and provides Content to JamJam’s User.
- “Third-Party Services” means third-party websites, resources, products, software, and other services.
- Account
When Members use JamJam, Members shall provide true, accurate, and complete information, and regularly update it to ensure that the information is correct, up-to-date, and complete. We reserve the right to suspend or terminate your membership and your use of JamJam at any time if we reasonably determine any of the following condition is met: (1) the personal information you provided is not true or accurate; (2) the information you provided is no longer accurate and has not been updated; or (3) the information you provided is potentially misleading. You will be responsible for any related legal liabilities and damages if we are unable to contact you or if any third-party rights are harmed due to the incorrect information you provided.
Your Member Account is for personal use only and may only be used to access JamJam in accordance with these Terms. You shall not allow any third party to access, unlawfully reproduce, distribute, sell, publicly transmit, and/or use JamJam in any other way.
Members are responsible for securely safeguarding their account passwords to prevent unauthorized use. All actions taken using Member Accounts will be regarded as actions of the member. If, for any reason, the account password is used illegally, Member shall bear any resulting costs, expenses, and losses and shall be liable for any related legal liabilities and damages.
If you discover any unauthorized use or unusual access to your Member Account, you should notify us immediately and protect your personal interests through appropriate legal means. If necessary, we will ask you to provide the relevant personal information and have the right to take charge of the disputed Member Account.
You may fill out the application form in the “Member Page” of JamJam’s applications to request account deletion. We will process your request promptly. Please take note that once the Member Account is deleted, all related information regarding Member’s use of JamJam, including but not limited to membership registration data, listening history, and favorite playlists, will be irretrievable.
- Your Privacy
You understand that by using JamJam, you agree for us to collect, process, and use your information in accordance with our “Privacy Policy.”
- Use of Service
Members may change the settings of their personal devices through the management mechanism provided by us. We reserve the right to modify our management mechanism as well as the method and the number of times of changes.
Once you transmit, publish, or upload Content to JamJam (“User Content”), you grant JamJam a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use such User Content, in whole or in part, to provide you with JamJam, including but not limited to reproduction, modification, editing, display, publication, distribution, and public transmission all or part of the User Content. If you remove or delete your User Content that has been shared or made available to the public, the above licenses will remain applicable if any third party has not deleted such User Content.
You shall not engage in the following behaviors while using JamJam:
Reproducing, distributing, selling, publicly disclosing, or otherwise using or accessing any part or all of JamJam or its Content in a manner that is unauthorized or inconsistent with the purposes of JamJam;
Violating any applicable laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
Engaging in the transmission or publication of content that involves insults, defamation, harassment, bullying, infringement of others' reputation, indecency, pornography, violence, aggression, or any other content that violates the law or public order and morals;
Engaging in any actions that infringe upon the intellectual property rights, such as copyrights, trademarks, patents, or other rights, including but not limited to reputation rights, privacy rights, or any other rights protected by law or contractual agreements, of us or third parties.
Impersonating us or a third party or deliberately spreading false or illegal information;
Engaging in activities that exchange the rights to use Content for cash, property, or other economic benefits in ways not authorized by us;
Modifying, reverse engineering, reverse coding, decompiling (into a human-readable format) or dissembling JamJam, impeding or interfering with other Users’ enjoyment of JamJam, or disseminating viruses or other malware which is harmful to others’ computer operation, software;
Using any automated means or technologies (such as bots, botnets, spiders, crawlers, or scraping tools) to access JamJam or any Content to extract, monitor, copy, or collect information or data;
Improperly collecting, disclosing, or providing others’ personal information, member registration information, or usage information;
Engaging in actions that destroy or obstruct JamJam servers or network systems, improperly manipulating the services using bots, cheating tools, or other technical means, intentionally exploiting vulnerabilities in JamJam, repeatedly raising the same issue beyond necessary limits, making unreasonable inquiries or demands to us, or any other actions that obstruct or impairs our operation of JamJam or the use of JamJam by other Users;
Submitting false Complaint and/or Counter-Complaint, or
Any other activities that we find illegal or in violation of these Terms.
We may, without prior notice to Users, make necessary modifications, suspend, or terminate specific services based on technical reasons, regulatory developments, or to maintain JamJam. If necessary, we may also temporarily or permanently cease providing JamJam.
- Paid Service
Plans provided by us are subject to those offered on our website. You understand and acknowledge that trial services, software, or features may be converted into paid plans. When you pay to use JamJam, you agree to comply with the following terms:
- Rights and Obligations
You should use your own credit cards or payment tools. If you use credit cards or payment tools owned by others (“Actual Payer”), we consider that you are duly authorized to use such credit card or payment tool and that the Actual Payer is fully aware of the payment. Members and Actual Payers are entitled to check the payment information in the Member Account, terminate the payment, or modify the Actual Payer’s personal information.
If either you or the Actual Payer is accused of any unlawful acts, we will collect your personal information and process the disputed payment in accordance with these Terms. You or the Actual Payer shall be responsible for any breach of these Terms or infringement of any third party’s rights caused by you or the Actual Payer.
When a Payer (i.e., you or the Actual Payer) uses a credit card for payment, we reserve the right to terminate the transaction if the designated credit card is expired, reported lost or stolen, refused by the issuing bank, or if our request for payment is denied for any other reason.
Payer should make every effort to safeguard personal information and important information related to the credit card or other third-party payment service and must not disclose or provide such information to third parties. You and the Actual Payer will be responsible for any losses resulting from any intentional or negligent disclosure of such information to any third party or any unauthorized use of such information by any third party.
In the case of any dispute regarding the fees payable, we are still entitled to process the billed amount from your designated credit card. We will automatically deduct or add the relevant fees in the next bill if there is any excess or insufficient amount.
Any dispute between the Payer and the local telecommunications service provider, payment agent, or any other Third-Party Services provider concerning the payment, including but not limited to changes and modifications of payment accounts, is independent of these Terms and should be resolved by the Payer and the respective party. The corresponding legal liabilities shall be solely borne by the Payer and the respective party.
If you need to change the designated credit card account information or terminate the authorization for automatic payments, you can apply through the “Contact Us” section set up by us. Changes to the information or termination of the authorization will take effect on the next billing date.
In accordance with the “Consumer Protection Act” and its related regulations, JamJam falls under one of the exemptions to the 7-day return or rescission rule with respect to distance sales. As a result, your payment is not refundable or returnable.
- Plan Adjustments
We may occasionally change Plans and their prices (including due to applicable tax changes). In such cases, we will notify you in advance, and such changes will take effect from the start of your next billing cycle.
- Rights and Obligations
- Complaint and Counter-Complaint
If you believe that any Content infringes your copyright, you may submit a copyright infringement complaint (“Complaint”):
You may file a Complaint through the “Contact Us” section set up by us. If you represent the copyright owner, you must provide the power of attorney authorized by the copyright owner; and if you are the exclusive copyright licensee, you will have to provide proof of such exclusive license.
The Content allegedly infringed will be removed or blocked from being accessed after we confirm formality of the Complaint is duly complied. We may notify you to supplement or correct the information necessary for the Complaint; and if you do not supplement or correct accordingly within five (5) business days upon receipt of our notice, your Complaint will be invalid.
If a Counter-Complaint is filed for the allegedly infringing Content, we will notify you of such Counter-Complaint. If you fail to provide evidence of filing a civil or criminal litigation against the allegedly infringing Content, we will restore the removed Content or the access thereto within ten (10) business days upon receiving the Counter-Complaint.
- Content Providers and Third-Party Services
Content Providers shall be fully responsible for their Content and shall be solely liable to you and/or any third party for any and all losses and damages resulting from Content.
You agree and understand that the services provided by Third-Party Services providers (not directly provided by us) you use are independent of these Terms. You must agree to and comply with their respective terms of service and privacy policies when using such Third-Party Services. In the event of any disputes, the resulting legal liabilities shall be borne by you and the Third-Party Services providers, and we shall not be held responsible.
We do not provide any warranties or assume any liability for defects or damages caused to Users due to the intentional or negligent actions of Content Providers, hardware vendors, Third-Party Services providers, or other Users.
- Intellectual Property Rights
All rights in JamJam, including but not limited to software, Content, text files, and any program codes, whether stored in the disc, readable storage media, or any other media, belong to third parties or us. We only grant you the right to use JamJam in accordance with the provisions of these Terms; for the avoidance of doubt, we reserve any rights not expressly granted to you in these Terms.
You acknowledge that JamJam, Content, and relevant technology are protected by the applicable laws of each licensed territory. You shall not remove or modify any digital right management information, anti-circumvention measures, or symbols of other rights (including but not limited to patent and trademark rights) or software markings contained within JamJam, Content, and relevant technology.
You may not use JamJam or any Content for machine learning or artificial intelligence (“AI”) training, creating generative AI, or any similar activities.
You agree that any feedback you provided to us regarding JamJam, including but not limited to enhancements, suggestions, comments, improvements, or recommendations for additional features (“Feedback”), may be freely utilized by us (including but not limited to developing related features based on your Feedback) without any obligation or compensation to you or any other third party.
- Suspension or Termination
If we believe that you have violated or are likely to violate any laws or these Terms, we may, without prior notice to you, temporarily suspend or permanently terminate your right to use part or all of JamJam or delete your information. You shall not claim any liability for such suspension, termination, or deletion.
Those provisions that by their nature are intended to survive termination shall remain in effect, including but not limited to the disclaimers (Article 10), user responsibilities (Article 11), and limitations of liability (Article 12).
- Disclaimers
JAMJAM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ACCESS TO JAMJAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY SPECIFIC CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OR USE OF JAMJAM OR MANAGED DEVICES WITHIN OR OUTSIDE SUPPORTED REGIONS, INCLUDING WHETHER SUCH SERVICES OR MANAGED DEVICES COMPLY WITH ANY LEGAL OR REGULATORY OBLIGATIONS IN THE SUPPORTED REGIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR YOUR DECISION TO ACCESS OR USE ANY THIRD-PARTY SERVICES RELATED TO JAMJAM OR MANAGED DEVICES, AND YOU ACKNOWLEDGE AND AGREE THAT ANY RISK ASSOCIATED WITH ACCESSING OR USING SUCH THIRD-PARTY SERVICES IS SOLELY YOUR RESPONSIBILITY.
- User Responsibility
You will defend, indemnify, and hold us, our affiliates, and each of their respective employees, officers, directors, and representatives harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to your breach of these Terms or your violation of applicable law, all at your own expense.
- Limitations of Liability.
WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE PERFORMANCE OF JAMJAM. IN NO EVENT WE WILL BE HELD LIABILITY UNDER OR ARISING OUT OF THESE TERMS. The exclusions and limitations of liability in these Terms form an essential basis of the bargain between the parties, and absent any such exclusions or limitations of liability, the terms, including the economic terms, would be substantially different.
- Notification
Any communication from us to you in relation to JamJam will be made by posting on applications, websites, or any other method that we deem appropriate and will take effect from the time of posting or as specified by us.
- Amendment of these Terms
When deemed necessary by us, these Terms may be amended at any time without prior notice to you. The updated Terms will take effect immediately upon being posted on the website or at a URL designated by us. If you continue to use JamJam after these Terms have been amended, you will be considered to have validly and irrevocably agreed to the updated Terms. Since we will not notify you individually of the changes, please refer to the latest version of these Terms whenever you use JamJam.
- Language
This policy is written in Traditional Chinese, and any translated versions are for reference purposes only. In the event of any conflict between the Traditional Chinese version and the translated versions, the Traditional Chinese version shall prevail.
- Governing law and Jurisdiction
The governing law of these Terms shall be the laws of the Republic of China (Taiwan). Any disputes arising between you and us related to or in connection with JamJam shall be subject to the exclusive jurisdiction of the Taipei District Court in Taiwan as the court of first instance unless otherwise provided by applicable laws and regulations.
Effective Date:September 4, 2024