1. About this Terms of Service
These Terms of Service (“Terms”) sets out our general terms governing the use of our websites and the products,
services, and features we make available to you as part of our websites (collectively, the “Services”). This
document does not set out our booking conditions or other terms of supply.
2. Your agreement
By using our Services, you agree to comply with these Terms. If you do not agree with these Terms or if anything
is missing that you consider essential, then you must not use our Services.
3. About us
These are the Services Terms for Fuse Technologies, Inc. DBA Jampack (referred to as "we",
"us", or "our"). We are incorporated under the laws of Delaware.
4. Copyright notice
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs,
photographs, video clips, and written and other materials that appear as part of our Services are copyrights,
trademarks, service marks, trade dress, and/or other intellectual property whether registered or unregistered
("Intellectual Property") owned, controlled or licensed by Us. Our websites as a whole are protected by
copyright and trade dress. Nothing on our Services should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Intellectual Property displayed or used on our website, without the
prior written permission of the Us.
5. Contacting us
If you have any questions about our Services or these Terms, including any complaints, please contact us by
email at [email protected].
6. What do these Terms cover?
The Terms state the terms on which our Services and emails may be visited, browsed and used, and are
supplemental to any other terms we may apply from time to time. References to "you" and
"your" are to any person who visits, browses, or otherwise uses our Services or receives any of
our emails.
7. What Services do these Terms cover?
These Terms cover all of our Services, including those Services at the following addresses: www.jampack.com
and other affiliated microsites created for permanent or short-term promotional purposes.
8. Who may use our Services
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a. Age requirements. You must be at least 13 years old to use the Services; however, children of all ages
may use the Services if enabled by a parent or legal guardian.
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b. Permission by parent or guardian. If you are under 18, you represent that you have your parent or
guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a
parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are
subject to the terms of this Agreement and responsible for your child’s activity on the website.
9. Accessing our Services
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a. Website availability. Our websites will be available only at times we decide. We do not guarantee that
our websites, or any website content, will always be available or be uninterrupted. We may suspend our
websites at any time without notice and for any reason, including for upgrade, maintenance, repair,
prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of
our websites at any time without notice. We shall have no liability to you (including in negligence) if our
website is not available for any reason, and we shall have no obligation to you to make sure our websites
are available to you at any time.
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b. Your systems. You are responsible to make all arrangements necessary for you to have access to our
Services, including compatible software and arranging internet access. You are also responsible to ensure
that all persons who access our site through your internet connection or computer are aware of these Terms
and other applicable terms and conditions and that they comply with them.
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c. No misuse. You must not misuse our Services by knowingly introducing any virus, trojan, worm, logic
bomb, or other material which is malicious or technologically harmful. You must not attempt to gain
unauthorized access to our Services, any server on which our Services are stored, or any server, computer,
or database connected to our Services. You must not attack our Services via attempted overloading of our
Services, seeking to cause a denial-of-service to you or others, or a distributed denial-of-service. In the
event of a breach, in addition to our other remedies, your permission to use our Services may, at the our
sole and absolute discretion, cease immediately. Your breach of this provision may also be a criminal
offense under the Electronic Communications and Transactions Act, no. 25 of 2002, and other applicable Laws.
We reserve the right to report any such breach to relevant law enforcement authorities and to cooperate with
authorities by disclosing your identity to them.
10. Completing forms and error correction
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a. Mandatory information. When completing any inquiry, booking, or other forms on our website, some
information is mandatory before you will be able to submit the forms to us. Mandatory information
requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you
try to submit a form that is missing any of this mandatory data. Where a category is not marked with an
asterisk, the information is optional, and you need not fill it in but may do so if you wish.
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b. Accuracy of your information. When you submit any information to us, including in connection with a
registration, inquiry, or booking, you must ensure, and by submitting the information you represent to us
that, it is true, accurate, current, and complete in all respects. To keep the information current, you
agree to update the information to us whenever there is a change to any information you submitted
previously. You acknowledge being aware that we will rely on the information you provide is true, accurate,
current, and complete.
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c. Error correction. When you carry out any inquiry, booking, order, registration, or another process on
our website, you may, before submitting, use the back button on your browser to go back and correct or
change information. If you think there is an error in your information provided after you submit it, you can
contact us at [email protected] to ask that it be corrected or updated.
11. Registration on our Services
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a. Requirement for registration. To use some services or features available on our Services (such as
accounts) you may need to register with our website and accept terms applicable to such registration. We may
restrict access to some parts of our Services and functionality, allowing access only by persons who
registered with us for access to that part or functionality.
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b. Updating your information. If any of your registration information changes, please update your details
using functionality provided within our website or contact us at [email protected].
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c. Log-in details. You are responsible to keep any username and password log-in details relating to such
registration confidential, safe, and secure. You must not share the details with anyone. You must ensure
that any password you provide is unique and a strong password, which you have not used on any other website.
You must let us know immediately if you suspect any unauthorized access to or use of your log-in details or
any registration with our Services. We have the right to disable any log-in details, whether chosen by you
or allocated by us, at any time, if in our opinion, you failed to comply with a provision in these Terms or
if we suspect misuse.
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d. Suspension and termination. We may suspend or terminate your registration and/or your ability to access
or use any features, services, or functionality on our Services at any time and for any reason, with or
without prior notification to you.
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e. SMS Text Messaging. By subscribing to Our text notifications, you agree to receive automated marketing
text messages from us about our products and services at the phone number you provided when you subscribed,
and that the messages may be sent via automatic telephone dialing system or other technology. Message
frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply
STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an
additional text message confirming your decision to opt-out. You understand and agree that attempting to
opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
12. Booking process
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a. Eligibility. You must be eighteen (18) years old or older to make a booking or otherwise order from us.
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b. Booking process. Our website is not a legal offer. To make a booking with or through us or otherwise
order from us using our Services you must follow the procedure on our websites. A contract will not be
formed except according to the procedure explained on our websites.
13. Website -content
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a. General. For these terms "our website content" is defined as everything making up our
websites or which is downloaded as part of or through our websites, including any services, functionality,
trademarks, logos, graphics, photographs, images, sounds, music, video, audio or text on our websites, and
including any code comprised in our websites such as javascript, flash objects, cookies, HTML, and
CSS. However references to "our website content" does not include anything you post
to our website, such as through the use of any community functionality we provide on our websites.
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b. Not advice. Our website content is provided for general information only, with the understanding that we
are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use
of our websites and website content is entirely at your own risk.
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c. Validity and change. We make no representation, warranty, or guarantee, whether expressed or implied,
that the content on our site is accurate, complete, or up-to-date. In any event, our website content is not
valid beyond when it is downloaded and may change on a subsequent visit to our websites. We shall be
entitled to change website content from time to time, and cease providing any particular website content
(including part, functionality, or service of our websites), without notice, and for any reason.
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d. Errors. We do not guarantee that our Services or any website content will be free from errors or
omissions. There may be mistakes and errors in our website content which we fail to notice, which will not
be binding on us. We reserve the right to correct any errors in our website content and to change any of our
website content (including services, products, availability, and pricing) at any time without notice,
including in any booking or order you submitted or contract you entered into with us. If a correction
affects a booking or order you submitted or contract you entered into with us to your material detriment, we
may allow you to cancel the booking, order, or contract rather than accept the change.
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e. Viruses. We cannot ensure that our Services will be virus-free or free from other malicious elements or
will be free from unauthorized, malicious access or modification. You must take appropriate safeguards on
your computer, device, and network, such as installing appropriate protective software, before accessing or
downloading any of our website content.
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f. Third-party websites. If we include a link to a third-party website (e.g. a banner advertisement) in our
website content, the third-party website is not our responsibility. You visit any third-party website, even
if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring,
or recommending such sites or materials disseminated by or services provided by them. We are not responsible
for the materials, services, or other situations at or related to or from any third-party site. We are not
responsible for the direct or indirect consequences of your navigating to any other website from our
websites. We are not responsible for any purchase you make or other activity you engage in at, or as a
result of you visiting or accessing a third-party website.
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g. Our copyright. You acknowledge that all copyright, designs, database rights, trademarks, patents, and
all other intellectual property and material rights relating to our website content (and the selection and
arrangement of our website content) is and remains our sole and absolute property. You are granted no right,
license, or interest in or to our website content or any intellectual property rights, except for the
browsing license detailed below, and all other rights are reserved. You are not permitted to screen scrape
or otherwise copy or use our website content except for browsing our website as a customer or potential
customer under the license below.
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h. Browsing license. The following license is subject to the condition that you are in full compliance with
these Terms. If you are not in compliance, then you have not met the condition and you are not granted the
following license. We grant you a license to download and run the pages of our website we make accessible to
you, in a web browser, and to store them in the web browser cache, to enable you to browse and use our
website as a customer or potential customer, or as an agent for a specific customer or potential customer,
whether online or offline. You are permitted to store (as a local copy on your computer file system, outside
the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for
your private records and future reference, provided that you do so only as a customer or potential customer,
or as an agent for a specific customer or potential customer. Except for as expressly provided by the
foregoing license, you may not modify, copy concerning, distribute, transmit, display, perform, reproduce,
publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website
content, or use our websites, or any of our website content, to further any commercial purpose, including
any advertising or advertising revenue generation activity on your website. We may terminate the above
license at any time.
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i. Linking to our site. You may link to our home page, provided you do so in a way that is fair and legal
and does not damage or take advantage of our reputation. You must not establish a link to our websites in a
way that suggests any association, approval, or endorsement on our part where none exists. Our websites must
not be framed on any other site. You must not create a link to any part of our site other than the home
page. We reserve the right to withdraw linking permission without notice.
14. Your conduct and content
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a. Use of our Services. You agree to use our Services only for lawful purposes connected to the intended
purposes of our Services. You must not use our Services for or in connection with any unlawful or criminal
activity. You must not seek to unlawfully gain access to our Services or any underlying systems. You must
not use our Services to market or advertise any third party, including any products or services.
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b. Community functionality. We may offer comment and review facilities, message boards, forums, photo
galleries, and other community functionality, which enable you and others to post content to our Services.
Anything you post online is available for the world to see, and may be subject to moderation or deletion by
us at any time. You agree that you will be personally responsible for your use of all community
functionality and all of your communication and activity on and according to our Services. If we determine
or have a suspicion that, or if we have a question whether, you are or have been or may have been, engaged
in any prohibited activity, were not respectful of another user, or otherwise violated the terms and
conditions, we may deny you access to our Services on a temporary or permanent basis. We will not be
responsible, or liable to you or any third party, for the content or accuracy of any content posted by you
or any other user of our Services. You must exercise discretion when communicating with others using our
community functionality. The views expressed by other users on our site do not represent our views or
values.
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c. Your content. You shall ensure that anything your post to our website (including text and pictures),
whether through community functionality or otherwise: (a) relates solely to us and our products and
services; (b) is in accordance with rules and acceptable use policies set forth in these Terms or any other
rules we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in
infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or
defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or
religions or to people's privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to
any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a
third party; (j) does not use our site to promote or advertise a business, product, service or other thing;
(k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not
vulgar, obscene, discourteous or indecent; (m) is not software. Any content you upload to our community
functionality will be considered non-confidential. We also have the right but are not obligated, to disclose
your identity to any third party or police, or government agency who claims that any content posted or
uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be
investigating any actual or potential violation of intellectual property, privacy or other rights or laws.
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d. License of your content. Concerning anything you post to our website (including text and pictures),
whether through any community functionality or otherwise, you grant us a perpetual, irrevocable,
royalty-free, transferrable license, with the right to grant sub-licenses, to use, copy, edit, distribute,
adapt, publish, translate, publicly perform and display, create derivative works from and do anything else
whatsoever with that content, including (without limitation) publication and republication in any form,
medium or technology (whether now known or later developed) in any part of the world. In particular, by
posting a message or other content on our websites (including sending in photos to any photo gallery), you
understand that the content becomes public domain and therefore may be used by us for marketing and other
purposes without any compensation required to be paid to you. You waive all moral rights (including to be
identified as the author) in relation to such content. You warrant that you have the right to grant the
license above and that the exercise by us of that license shall not infringe any copyright or other
intellectual property rights in any part of the world.
15. Disclaimer and limitation of liability
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a. No prejudice to consumer rights. If you are acting as a consumer (i.e. an individual acting for your
private purposes not associated with a business or profession) nothing in these terms affects your legal
rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall
be read subject to this.
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b. No prejudice to contracts with us. The following terms shall be without prejudice to our liability under
or concerning any contract which we enter into with you as a result of a booking made by you, but such
contract shall be subject to any separate booking conditions or other terms we apply to that contract and
any exclusions or restrictions of liability in such conditions or terms.
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c. No limitation of liability for personal injury and fraud. Concerning a consumer, we do not limit or
exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent
misrepresentation.
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d. Disclaimer of negligence. We disclaim and exclude any duty of care which we may owe you in respect of our
website and website content, and we shall have no liability to you in negligence concerning our websites or
website content.
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e. No promise as to quality and exclusion of implied terms. We provide each of our websites and website
content "as is" and "as available", without warranty, guarantee, or promise as to the quality, condition,
fitness for purpose, availability, suitability, or functionality. We do not represent or warrant that our
website content is accurate, complete, or current, and we shall have no liability whatsoever in respect of
any use which you make of our website content. We hereby exclude to the fullest extent permitted by law all
implied warranties, terms and conditions, and all rights under any law, in your favor, concerning our
websites or website contents.
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f. Fitness for purpose. Our website content has not been written to meet your requirements and it is your
sole responsibility to satisfy yourself before ordering any products or services from us that are suitable
for your purposes.
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g. No liability for business losses. Where you are a consumer, we have no liability to you for any losses
relating to any business or occupation, including loss of profit, loss of revenue, loss of business or
contract, business interruption, or loss of business opportunity. We shall not be liable to you for any
loss, damage, or liability you suffer or incur as a result of visiting, browsing, or using our website or
website content, or the non-availability or interruption of our website or website content or relying on our
website or website content. In particular, we shall not be liable for any loss, damage, or liability
suffered by or concerning any business, profession, occupation, or organization, even if we have been
advised of the possibility of such loss, including (a) loss of profit, revenue, contract, sales, goodwill,
opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business
interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any
losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or
consequential.
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h. No liability for force majeure. We will not be liable for anything caused by any event or circumstance
beyond our reasonable control.
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i. No liability unless our fault. We shall not be liable for any loss not caused by negligence, or breach of
law, or legal or contractual obligation on our part. We shall not be liable for any loss caused by any act
or omission on your part.
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j. No liability for loss not foreseeable. We shall not be liable for any loss or damage which was not
foreseeable.
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k. Meaning of liability. References to our liability include our liability under or for breach of a
contract, liability in negligence, liability under any applicable statute or other law, liability for breach
of statutory duty, or any other liability on whatever basis or howsoever arising, including (without
limitation) where such liability arises out of or in connection with our websites, website content, and any
services provided through them, your reliance on the same, or the non-availability or interruption of the
same.
16. Changes to these terms
We may change these website Terms at any time and from time to time without notice to you, including by
publishing a new version on our website. You should check these terms for updates each time you visit our
website to be aware of changes and the latest version. You should check the top of the document to see the
latest version in force. By using or continuing to use our Services after a change you accept and agree to the
change.
17. Applicable law and disputes
These terms, your use of our Services, and any claim relating to our Services or based information on our
Services shall be governed by, construed, and enforced, under the laws of the State of Nevada without regard to
conflict of law principles. The parties agree that all disputes, controversies, or claims of whatever
nature arising out of or relating to this Agreement or the breach thereof shall be only resolved by a state or
federal court in the State of Nevada and the county of Clark, and the parties hereby consent to the exclusive
jurisdiction of such courts in any action or proceeding arising under or brought to challenge, enforce, or
interpret any of the terms of this Agreement. In any legal action, arbitration, or other proceedings to enforce,
interpret or construe the terms of this Agreement, or concerning any grievance relating to the use of our
Services, the prevailing party shall be entitled to recover actual reasonable attorneys’ fees, costs, and
expenses.
18. User-generated content
These Terms (“Agreement”) apply to our use of any words, pictures, video, images, data, information, or any
other ‘user-generated content’ (“Content”) that a user (“Content Owner”) uploads, posts, or shares using third
party websites or social media platforms, including but not limited to Instagram, Facebook, Pinterest, YouTube
and Twitter and which we use on our social media platforms, website and various promotional materials. We
reserve the right to alter these Terms without advance notice. Accordingly, it is incumbent on you to review the
Terms each time you grant permission or authorization to feature your Content.
19. Our right to use the Content
Although, as we explain herein, you retain ownership of the Content, by submitting, posting, or displaying the
Content you are granting, and hereby do grant to us a perpetual, worldwide, non-exclusive, fully paid-up, fully
transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt and
translate) such Content in all forms and media. This means that our right to possess, use and display the
Content anywhere and through any means will never expire, that we will never owe you any money for it, and that
we may allow others to use or possess the Content.
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a. Delivery. By the Content Owner replying to a comment on an individual piece of content with the hashtag
#[insert]Approved, the Content Owner agrees that the individual piece of content may be used by us and our
affiliates and/or related entities the Content as provided below.
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b. Usage. In the delivery of Content, the Content Owner grants Us non-exclusive rights to use the Content as
defined below:
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a. Purpose: To authentically depict experiences on Our trips from the perspective of Our guests;
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b. Medium: used across various marketing channels in different forms of media, including but not
limited to use on the website (https://www.[insert].com), print, social media, email, digital
advertising, out-of-home, events, third party platforms, and APIs. We may use, display, reproduce,
distribute, transmit, create derivative works from, combine with other materials, alter and/or edit
your Content in any manner in their sole discretion, with no obligation to you whatsoever;
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c. Period: in perpetuity and;
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d. Territory: global.
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c. The Content that you submit is deemed non-confidential and We have no obligation to maintain the
confidentiality of any information, in whatever form, contained in any submission.
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d. General.
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a. The Content Owner confirms they are at least 18 years of age.
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b. The Content Owner confirms that they are solely responsible for the Content and they are the
original creator of the piece of Content and have no known knowledge that the Content was created by
another individual.
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c. You grant Us the right to use your username and image, or other identifying information in
connection with your Content.
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d. In most implementations, however without any obligation to do so, imagery will be accompanied by
the Content Owner’s Instagram username and the date that the piece of Content was originally posted.
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e. The Content is still entirely owned by the Content Owner, who is merely granting Us the rights to
use the Content in the marketing activity.
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f. If a Content Owner chooses to relinquish rights granted to Us, they must contact Us in writing,
including the piece of Content, a link, photograph, or screenshot of where the Content appears in
Our marketing collateral, and evidence that they are the original Content Owner of the piece of
Content. We will wherever reasonably possible, remove such Content.
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g. By agreeing to the use of the Content, you waive any payment for the use of Content across all
mediums and channels.
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h. You will not hold the Us, or any person acting on the Our behalf, responsible for any claims or
demands in connection with the use of your Content.
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i. Please ensure that you are careful and selective about the Content that you disclose about
yourself and others and do not disclose sensitive, proprietary or confidential Content. Should you
disclose information that is sensitive, proprietary, or confidential, you do so at your own risk and
We are not responsible for any consequences of such disclosure.
20. Miscellaneous
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a. If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or
unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall
not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
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b. We reserve the right to remove, wherever reasonably possible, any Content from our website and social
media channels. If you believe any Content residing on our website and social media channels or displayed or
used in connection with Us infringes any person’s or entity’s copyright rights, please contact
[email protected].