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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 get.3jam.com/tos

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 and may modify this list from time to time without notice to you: 43526, 54880, 61268, 71226, 88133, 89142.

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. However, if you are at least 13 years old but not yet 18, you may use the Services if -- and only if --- you have your parents' or guardians' prior permission. No one under age 13 may use the Services under any circumstances.

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.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS 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 2108 Sand Hill Road, Menlo Park, CA 94025.

Entire Agreement

This Agreement constitutes the entire agreement between you and 3jam with respect to your use of the Services.