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Terms of Use – Cram Jams

Terms of Use

Cram Jams Co.

California, USA

Last updated 05/14/2024

BY ACCESSING AND USING CRAM JAMS YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE CRAM JAMS OR ANY OF ITS CONTENT.

Welcome to Cram Jams. Cram Jams is a series of educational music videos and resources for the classroom that help teach critical language arts concepts to students, grades 2-6.

The following terms and conditions govern all use of the CramJams.com website (hereinafter, Site) and all content, services, and products available at or through the website (hereinafter, Cram Jams, We, Us, Our) and will constitute an agreement between Cram Jams and the user (hereinafter You, Your).

YOU MUST BE AGE 18 OR OLDER to subscribe to Cram Jams, including free trial subscriptions. Persons under 18 years of age may only access or use Our services under the supervision of an adult subscriber who agrees to be bound by these Terms. You agree to be fully responsible for the acts of such user in connection with Our services. If You are accessing or using Our services on behalf of another person or entity, You represent that You are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if You or the other person or entity violates these Terms.

Privacy Policy

Please refer to our Privacy Policy here.

Electronic Communications

Visiting CramJams.com or sending / receiving emails to/from Cram Jams constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically or via email satisfy any legal requirement that such communications be in writing.

Your account

DO NOT SHARE YOUR ACCOUNT. Your user name and password are confidential. If You access, subscribe, or use the Site, You are responsible for maintaining the confidentiality of Your account and password and restricting access to Your computer, and You further agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Cram Jams is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Cram Jams and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Our sole discretion.

Sharing Content with Students

You agree not to share links to any part of Our website with students other than links created by clicking one of the website’s content sharing buttons (link sharing or Google Classroom) specifically intended for sharing content with students. Other pages on Our website may use cookies which could potentially violate certain regulations regarding student data.

Intellectual Property

All content included as part of Cram Jams, such as text, graphics, logos, images, music, lyrics, and videos as well as the compilation thereof, and any software used on the Site, is the property of Cram Jams or its suppliers and protected by copyright, trademark, patent and/or other laws that protect intellectual property and proprietary rights.

CRAM JAMS CONTENT IS NOT FOR RESALE. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle You to make any unauthorized use of any proprietary content. You will use proprietary content solely for your personal use, and will make no other use of the content without the express written permission of Cram Jams. You agree to observe and abide by any notices from Cram Jams regarding infringement or potential infringement on proprietary rights of Cram Jams. We do not grant You any licenses, express or implied, to the intellectual property of Cram Jams or Our licensors except as expressly authorized by these Terms.

You are granted a non-exclusive, non-transferable, revocable license to access and use Cram Jams website content and materials strictly in accordance with these Terms and Conditions. As a condition of Your use of the Site, You warrant to Us that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

International Users

Cram Jams is controlled, operated, and administered by Cram Jams from our offices within the USA. If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Cram Jams content in any country in any manner prohibited by any applicable laws, restrictions or regulations.

Limitations Of Liability

Cram Jams and/or its suppliers may make changes in the site at any time. The Site may include inaccuracies or errors. We shall not be liable to You for any loss or damage whatsoever resulting from omissions, errors, or inaccuracies in the products and services. We do not warrant that access to the products and services in the Site will be free from errors or faults. We shall use reasonable efforts to correct those faults or errors reported by You.

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Cram Jams hereby disclaim all warranties and conditions with regard to this information, software, products, related graphics, and content including all implied warranties or conditions of fitness for a particular purpose.

To the maximum extent permitted by applicable law, in no event shall Cram Jams be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or results, arising out of or in any way connected with the use or performance of the site or its content, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Cram Jams has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. If You are dissatisfied with any portion of the Site, or with any of these Terms And Conditions, Your sole and exclusive remedy is to discontinue using the Site.

Cram Jams welcomes any suggestions or ideas for improvements from You, however, any implementation of any such suggestion or idea shall be at Cram Jams sole discretion and grants no proprietary rights or claims to ownership to You whether it is used or not.

Indemnification

In the event of any legal claims arising from the use of our platform, we commit to indemnifying our users to the fullest extent permitted by law. This means that we will defend, indemnify, and hold harmless our users from any claims, damages, or losses resulting from their use of our services, provided that such claims are not due to the user’s violation of our terms of service or applicable laws.

Regarding the governing venue, any legal disputes or matters arising from the use of our platform will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal actions or proceedings relating to our services shall be brought exclusively in the courts located in California, and you consent to the jurisdiction of such courts.

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COPPA and FERPA

At Cram Jams, we are dedicated to safeguarding the privacy and security of our users, which includes full compliance with the Children’s Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA). This statement provides detailed information on our practices and our commitment to regulatory compliance.

COPPA Compliance:

COPPA requires stringent measures to protect the privacy of children under the age of 13 who are using online services. Cram Jams adheres to these regulations by not collecting personal information directly from children.

We collect limited personal information for account management purposes only from teachers and administrators. However, certain technical functionalities on our website, necessary for providing interactive content and enhancing user experience, do utilize cookies. These cookies are essential for basic operations such as video playback and site performance optimization, and do not track personal information that would require parental consent under COPPA.

FERPA Compliance:

FERPA protects the privacy of student education records at educational institutions. Since our website does not collect or manage student education records or personal data from students directly, we are not subject to FERPA’s requirements regarding the management of education records.

Our use of essential cookies on educational content pages does not involve the collection of personal data from students or educators, ensuring our continued compliance with FERPA.

Cookie Usage:

We use cookies on our website to support and enhance the functionality of content-rich pages, such as those providing video content and ensuring website performance and security. These cookies are essential for the operation of our website and do not collect personal information from users.

Our usage of other cookies and tracking for marketing purposes is detailed in our privacy policy, but these cookies are NOT used in the portions of our site that are shared with students, as directed by our terms of use.

Our Commitment to Privacy:

We are committed to continuous compliance with all applicable laws and regulations regarding online privacy and data protection. Cram Jams uses industry-standard security measures to protect the information under our control, and we review and update our practices regularly to ensure the highest standards of privacy and security.

For any questions or concerns regarding our privacy practices, COPPA, FERPA, or our use of cookies, please contact us at support@cramjams.com.

Thank you for trusting Cram Jams with your educational needs.

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