TERMS AND CONDITIONS

NICKY JAM WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS
LAST UPDATED: August 3, 2012
These terms and conditions (the “Terms”) govern your access to and use of Nicky Jam LLC’s
websites and mobile applications (the “Site”). By accessing or using the Site, you are agreeing to
these Terms and entering into a legally binding contract with Nicky Jam LLC (“Nicky Jam LLC”). It is
important that you read carefully and understand these Terms. Do not access or use the Site if you
are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Site. References to “we,” “us,”
and “our” refer to Nicky Jam LLC.
1. CHANGES TO THE TERMS AND CONDITIONS
We may modify the Terms from time to time. When changes are made, we will notify you by
making the revised version available on this webpage, and will indicate at the top of this page the
date that revisions were last made. All material modifications will apply prospectively only. You
should revisit these Terms on a regular basis as revised versions will be binding on you. Any such
modification will be effective upon our posting of new Terms. You understand and agree that your
continued access to or use of the Site after any posted modification to the Terms indicates your
acceptance of the modification.
2. USING THE SITE
A. Permission to Use the Site:
We grant you permission to use the Site subject to the restrictions in these Terms. We may
terminate your permission to use the Site for any conduct that we consider to be inappropriate, or
for your breach of these Terms, including the Restrictions listed in paragraph 4. Your use of the
Site is at your own risk, including the risk that you might be exposed to content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Site Availability:
The Site may be modified, updated, interrupted, suspended, or discontinued at any time, for any
or no reason, without notice or liability to Nicky Jam LLC.
C. User Accounts:
You may need to register to use part of the Site. We may reject or require that you change any
user name, password, or other information that you provide to us in registering. Your user name
and password are for your personal use only and should be kept confidential; you are responsible
for any use of your user name and password, and you agree to promptly notify us of any
confidentiality breach or unauthorized use of your user name and password, or your Site account.
We reserve the right to close your account at any time, at our sole discretion, for any reason
whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever
information we know about you) in the event of a complaint or legal action arising from any
message posted by you or when necessary to protect safety and security.
3. CONTENT
A. Responsibility for Your Content:
You alone are responsible for the content of your messages, and you agree to indemnify and hold
harmless Nicky Jam LLC and our agents with respect to any claim based upon the transmission of
your message(s) and/or posting(s). We reserve the right to remove any messages for any or no
reason whatsoever.
B. Nicky Jam LLC’s Right to Use Your Content:
By posting messages, uploading files, inputting data, or engaging in any other form of
communication through this Site, you are granting Nicky Jam LLC a royalty-free, perpetual, nonexclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt,
transmit, publicly perform, or display any such communication; and (2) sublicense to third parties
the unrestricted right to exercise any of the foregoing rights granted with respect to the
communication. The foregoing rights shall include the right to exploit any proprietary rights in
such communication, including but not limited to rights under copyright, trademark, service mark,
or patent laws under any relevant jurisdiction.
C. Ownership:
All material on the Site, including, but not limited to, text, data, graphics, logos, button icons,
images, audio clips, video clips, links, digital downloads, data compilations, and software is owned,
controlled by, or licensed to Nicky Jam LLC and is protected by copyright, trademark, and other
intellectual property rights. Material on the Site is made available solely for your personal, noncommercial use and may not be copied, reproduced, republished, modified, uploaded, posted,
transmitted, or distributed in any way—including by e-mail or other electronic means—without
the express prior written consent of Nicky Jam LLC in each instance. You may download material
intentionally made available for downloading from the Site for your personal, non-commercial use
only, provided that you keep intact any and all copyright and other proprietary notices that may
appear on such materials.
4. RESTRICTIONS
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site
(including, without limitation, any bulletin boards, chat rooms, or other online services provided
on this Site). We do not review every message or confirm the accuracy or validity of information
posted. We do not actively monitor the contents of the postings and are not responsible for the
content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or
usefulness of any message or information posted. The contents of the postings do not represent
the views of Nicky Jam LLC or any person or entity associated with Nicky Jam LLC. If you feel that
any posting is objectionable, we encourage you to contact us by email. We will make every effort
to remove objectionable content if we deem removal to be warranted. Please understand that
removal or editing of any posting is a manual process and might not occur immediately.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
1. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar,
obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s
privacy, or otherwise in violation of any law;
2. Post or transmit any material in violation of a third party’s copyright or other intellectual
property or proprietary rights;
3. Post or transmit any information or software that contains a virus, worm, defects, Trojan
horses, or other items of a harmful, disruptive, or deleterious nature;
4. Engage in commercial activity (including, but not limited to, sales, contests, or
sweepstakes) without Nicky Jam LLC’s prior written consent;
5. Solicit, request, or collect personal information for commercial or unlawful purposes;
6. Solicit personal information from minors;
7. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
8. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search
results; or
9. Impersonate any other individual or entity.
B. You also agree not to, and will not assist, encourage, or enable others to:
1. Restrict or inhibit any other user from using and enjoying the Site (for example, by means
of hacking or defacement);
2. Utilize any robot, spider, site search/retrieval application, or other automated device,
process, or means to access, retrieve, scrape, or index any portion of the Site;
3. Remove or modify any copyright, trademark, or other proprietary rights notice that
appears on any portion of the Site or on any materials printed or copied from the Site;
4. Record, process, or mine information about other users;
5. Reformat or frame any portion of the Site;
6. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on Nicky Jam LLC’s technology infrastructure or otherwise
make excessive traffic demands of the Site;
7. Attempt to gain unauthorized access to the Site, user accounts, computer systems, or
networks connected to the Site through hacking, password mining, or any other means;
8. Use any device, software, or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
9. Use the Site to violate the security of any computer network, crack passwords, or security
encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the
Site; or
10. Remove, circumvent, disable, damage, or otherwise interfere with any security-related
features of the Site, features that prevent or restrict the use or copying of Site content, or
features that enforce limitations on the use of the Site.
5. UNSOLICITED SUBMISSIONS
Nicky Jam LLC and its employees do not accept or consider unsolicited sound recordings, musical
compositions, or any other creative materials (collectively, the “Submission”). If, despite our
policy, you still submit unsolicited material to us, then Nicky Jam LLC will not be obligated to treat
your Submission as confidential or proprietary and, by making such a Submission, you will be
deemed to have acknowledged that (i) Nicky Jam LLC has no obligation and shall not be liable to
you or to any person claiming through you based on such Submission, and (ii) you relinquish any
claim whatsoever based upon your submission.
6. PRIVACY POLICY
Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by
reference.
7. THIRD PARTIES
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless
otherwise noted, Nicky Jam LLC does not operate, control, or endorse any information, products,
or services on any Third Party Site. You agree that we are not responsible for the availability or
contents of any Third Party Site and that your use of any Third Party Site is at your own risk.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nicky Jam LLC and its affiliated companies,
officers, directors, employees, agents, licensors, and suppliers from and against all losses,
expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting
from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any
products or services purchased or obtained by you in connection with the Site, or (iv) the
infringement by you, or any third party using your account, of any intellectual property or other
right of any person or entity. Nicky Jam LLC reserves the right, at your expense, to assume the
exclusive defense and control of any matter subject to indemnification by you.
9. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF NICKY JAM LLC AND ITS
SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES
UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS
INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
1. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS
AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. NICKY
JAM LLC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR
RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY,
NICKY JAM LLC IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE
FROM YOUR USE OF THE SITE.
2. NICKY JAM LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
3. NICKY JAM LLC, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE
OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF
DISSATISFACTION WITH THE SITE, RELATED SERVICES, AND/OR ANY THIRD PARTY SITE
SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE
SITE.
4. NICKY JAM LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. NICKY JAM LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY
SITE.
6. NICKY JAM LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN
THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR
THE NUMBER OR IDENTIFICATION OF ANY INDIVIDUALS (IF ANY) THAT WILL BE FEATURED
ON THE SITE.
10. VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all products or services discussed or referenced on
this Site are available to all persons or in all geographic locations. Nicky Jam LLC reserves the right
to limit, in its sole discretion, the provision and quantity of any product or service to any person or
geographic area it so desires. Any offer for any product or service made in this Site is void where
prohibited.
11. MAKING PURCHASES
If you wish to purchase products or services described on the Site, you may be asked to supply
certain information including credit card or other payment information. By initiating a transaction,
you warrant and represent that you (a) are eighteen (18) years of age or older and (b) have the
legal right to use the payment means you select. You agree that all information that you provide
will be accurate, complete, and current. You agree to pay all charges, including shipping and
handling charges, incurred by users of your credit card or other payment mechanism at the prices
in effect when such charges are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases. Nicky Jam LLC will be entitled to change the pricing and
availability of any particular product(s) or service(s) without prior notice at any time. Nicky Jam LLC
does not offer refunds in the event of temporary or permanent price drops following purchase at
higher prices. All sales of digital content are final.
12. RULES FOR PROMOTIONS
Any contests, sweepstakes, surveys, games, or similar promotions (collectively, “Promotions”)
made available through the Site may be governed by specific rules that are separate from these
Terms. By participating in any such Promotions, you will become subject to those rules, which may
vary from the Terms set forth herein. Nicky Jam LLC advises you to review carefully any specific
rules applicable to a particular Promotion and to review our Privacy Policy which, in addition to
these Terms, governs any information you submit in connection with such activities. To the extent
that the rules for a Promotion conflict with these Terms, the Promotion rules shall control.
13. CHOICE OF LAW AND VENUE
These Terms shall be governed by, and construed in accordance with, the laws of the State of New
York, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the
state and federal courts sitting in the Borough of Manhattan in the City of New York, State of New
York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each
party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced
within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for
damages other than out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as
part of a group or class action complaint.
14. GENERAL TERMS
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of the Site and
supersede any prior agreement between you and us on such subject matter. The parties
acknowledge that no reliance is placed on any representation made but not expressly contained in
these Terms.
C. We may provide you with notices, including those regarding changes to the Terms, by email,
regular mail, or communications through the Site.
D. Any failure by Nicky Jam LLC to exercise or enforce any right or provision of the Terms does not
constitute a waiver of such right or provision. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not assignable, transferable, or sublicensable by you except with Nicky Jam LLC’s
prior written consent, but may be assigned or transferred by us without restriction. Any
assignment attempted to be made in violation of the Terms shall be void.
F. The section titles in the Terms are for convenience only and have no legal or contractual effect.
15. DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers
of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to
the service provider’s Designated Agent.
If you believe in good faith that Nicky Jam LLC should be notified of a possible online copyright
infringement involving any Nicky Jam LLC Site, please contact:
DMCA Designated Agent
Nicky Jam LLC
Email: marketing@nickyjam.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed
requirements set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). You are encouraged to review
them before sending your notice of claim.
CONTACT INFORMATION
If you have any questions regarding these Terms, you may contact us at:
marketing@nickyjam.com