Welcome to JamKazam, a service provided by JamKazam, Inc. (“JamKazam”, “we” “our”, or “us”).
These Terms of Service (the “Terms”) govern your use of jamkazam.com and m.jamkazam.com (together, the “Website”), our mobile and desktop apps (our “Apps”) and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Service) and other services provided by JamKazam (the “Services”).
These Terms are divided into the following sections:
Note that the headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
We reserve the right to change, alter, replace or otherwise modify these Terms at any time; provided however, that we will use reasonable efforts to provide you with notice of any material changes (of which such notice may include any notice posted on the Platform). The date of last modification is stated at the end of these Terms. It is your responsibility to check this page from time to time for updates. By continuing to access or use any of the Website, Apps, and/or Services after these Terms have been revised, you agree to be bound by the revised Terms.
The Platform is a hosting service. Registered users of the Platform may submit, upload and post text, photos, pictures, videos, files, links, comments, and other content, data or information, and may perform, stream, broadcast, and record musical pieces (“Content”), which will be broadcast, stored, displayed and/or played by JamKazam at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and otherwise made available by registered users.
We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other Services and/or features for the Platform. Any new Services and features will be subject to these Terms as well as any additional terms of service that we may release for those specific Services or features.
JamKazam owns or has rights to the Platform and Materials (as defined below) and all intellectual property therein,, but you may use the Platform in accordance with these Terms (including as described in the license set forth in the “Your Use of the Platform” section below). You may not copy, distribute, transmit, publish, sell, transfer, or create derivative works of the Platform. If you print any paper or digital copies of pages of the Website, you may only do so for your internal use and you are prohibited from removing any copyright or other proprietary notices on such pages.
The contents of the Platform include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other JamKazam content (collectively, “Materials”). All Materials and the compilation (meaning the collection, arrangement, and assembly) of all Materials are the property of JamKazam or its licensors and are protected under copyright, trademark, and other laws.
“JamKazam,” the JamKazam logo, and other JamKazam logos and product and service names are or may be trademarks of JamKazam (the “JamKazam Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the JamKazam Marks in any manner.
You are not obligated to register an account to use the Website and certain aspects of the remainder of the Platform.. However, access to the Apps and certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your password, and you will remain responsible for all use of your password, and all activity emanating from your account (including any Content posted via your account), whether or not such activity was authorized by you.
If your password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you must immediately notify JamKazam in writing, and you must change your password at the earliest possible opportunity.
We reserve the right to, with or without prior notice, suspend or terminate your account and your ability to use the Platform if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of JamKazam or any third party, or a violation of any applicable laws or regulations. We reserve the right to bring legal action against you for any loss or damage that we may suffer as a result of your violation of these Terms, your infringement of any JamKazam or third party rights, and your violation of any applicable law or regulation. We also may terminate or suspend use of the Platform for any person or entity for any reason.
You may terminate your account at any time as described in the Termination section below.
Subject to your strict compliance with these Terms, JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable, non-sublicensable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Platform, to listen to audio Content streamed from the Platform and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded or created the relevant audio Content (the “Uploader”).
In addition, if you register to use the Platform, and subject to your strict compliance with these Terms, JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable, non-sublicensable and non-transferable right and license to: (i) participate in sessions, make recordings, and submit, upload or post other Content to the Platform strictly as permitted in accordance with these Terms and any other applicable terms posted on the Platform from time to time; (ii) participate in the community areas and communicate with other members of the JamKazam community strictly in accordance with these Terms; and (iii) use our Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms and any other terms applicable to those Apps or Services from time to time.
The above licenses are conditional upon your strict compliance with these Terms, including, without limitation, the following:
You agree to comply with the above conditions, and acknowledge and agree that JamKazam has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms. This may include taking court action and/or reporting offending users to the relevant authorities.
The Platform may allow you to purchase multi-track recordings (“JamTracks”) . JamTracks are licensed and not sold to you. You may only use JamTracks for your own personal, non- commercial use and not for any other purpose. Except as permitted by applicable law, you may not reproduce (except on computer equipment or personal digital devices (e.g., phones, tablets, MP3 players, etc.) owned or controlled by you), or distribute any JamTracks obtained from or through the Platform without JamKazam’s or the applicable copyright owner’s express permission. JamTracks are made available to you for the price set forth on the Platform. ). Pricing information displayed is subject to change, and we may increase or decrease fees as we deem necessary. In addition, we have no control of fee adjustments made by third parties. All purchases for JamTracks are final, and no refunds are available (provided that JamKazam may choose whether to grant them in its sole and absolute discretion). Payments must be made by credit card through our third party payment processor, and as a condition to purchasing JamTracks, you agree to provide a valid credit card and pay for all JamTracks that you request for purchase. All payments are made in United States Dollars. You expressly authorize JamKazam and its third party payment processor to charge the payment method you provide for any purchased JamTracks. You also expressly authorize JamKazam to set the prices for all charges and fees that apply to the provision of such JamTracks. Your selection of the [“Confirm”] button on the checkout page for JamTracks purchases is your electronic signature and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.
Any and all Content that you perform, record, upload, store, transmit, submit, exchange or make available to or via the Platform or that you provide to JamKazam by any means, including via email (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by JamKazam.
JamKazam does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. You shall be solely responsible for keeping a duplicate copy of all Your Content, and JamKazam accepts no responsibility or liability for the loss or deletion of Your Content.
Without prejudice to the conditions set forth in Your Use of the Platform you must not perform, record, upload, store, distribute, send, transmit, display, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform or otherwise providing any of Your Content to JamKazam, you initiate an automated system to process any such Content, including but not limited to audio, graphic, and textual Content, and direct JamKazam to store Your Content on our servers, from where you may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for JamKazam to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms and/or to enable your use of the Platform, you hereby grant to JamKazam a limited, worldwide, non-exclusive, sublicensable, transferable, royalty-free and fully paid license to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content when operating the Platform.
By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Platform. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings available in the account features of the Website and Apps, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting Content with which you have associated those Marks.
The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. However, notwithstanding the foregoing, you hereby acknowledge that any of Your Content that was created and stored on the Platform in conjunction with other users of the Platform, including but not limited to sessions and recordings, may be maintained on the Platform and stored on JamKazam’s servers until and unless all other users who participated in the creation of such Content also take action to remove such Content from their accounts. (For purposes of clarity, the reason for this is that otherwise one user could, for example, force the removal of a musical recording made with multiple other users when those other users do not want the recording removed.)
Notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, JamKazam is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes by you except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
You hereby waive any and all moral rights in and to Your Content in connection with JamKazam’s and other users’ use of Your Content as authorized by you.
We appreciate hearing from our users and welcome your comments regarding the Platform. Please be advised, however, that if you send us creative ideas, feedback, suggestions, inventions, or materials (“Creative Ideas”), we will:
You hereby represent and warrant to JamKazam as follows:
JamKazam reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
You hereby acknowledge and agree that JamKazam (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the performance, recording, uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you perform, record, upload, post or distribute to, on or through the Platform, and to the extent permissible by law, JamKazam excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that JamKazam cannot and does not review the Content created or uploaded by its users, and neither JamKazam nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been performed, recorded, entered, or uploaded in breach of these Terms or applicable law.
JamKazam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude and disclaim, to the fullest extent permitted by law, any and all liability which may arise from any Content performed, recorded, entered, or uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against JamKazam or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using the method described below:
Your notice should be sent to us by email to firstname.lastname@example.org.
Please make sure that you include the following information
If you receive a notification from JamKazam that material made available by you on or through the Platform has been the subject of a Notification of Claimed Infringement, then you will have the right to provide JamKazam with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to JamKazam, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. A Counter Notification should be mailed to JamKazam at the following address: JamKazam, Inc., Attn: Copyright Matters, 5813 Lookout Mountain Drive, Austin TX 78731.
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
JamKazam does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, JamKazam does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, security or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. JamKazam makes no representations or warranties about whether External Services are free of viruses or other forms of data corruption.
JamKazam disclaims any and all responsibility or liability for any harm or liability resulting from your use of External Services, and you hereby irrevocably waive any claim against JamKazam with respect to your use of any External Services.
Notwithstanding the fact that JamKazam has no legal obligation to monitor the Content on the Platform, JamKazam reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms or applicable law, or is otherwise unacceptable to JamKazam.
Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and JamKazam shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by JamKazam or the relevant Uploader.
JamKazam will suspend or terminate your access to the Platform if JamKazam determines, in its reasonable discretion, that you have repeatedly breached these Terms.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms, we will send you a written warning to this effect. Any user that receives one or more of these warnings is liable to have their access to the Platform terminated in perpetuity.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by JamKazam at its discretion.
Please note we do not offer refunds to Premium Account holders or JamTracks license purchases for those whose accounts are terminated as a result of repeated infringement of these Terms.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES.
WHILE JAMKAZAM USES COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, JAMKAZAM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. JAMKAZAM DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAMKAZAM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE ACCURATE OR SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY OF THE PLATFORM SHALL BE TO REQUEST THAT JAMKAZAM CORRECT THE MATTER OR, IF JAMKAZAM FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE PLATFORM. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
JAMKAZAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Platform. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release JamKazam of all claims, demands, and damages in disputes among users of the Platform. You also agree not to involve us in such disputes. Use caution and common sense when using the Platform.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JAMKAZAM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JAMKAZAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JAMKAZAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED OTHERWISE BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold JamKazam, and its officers, directors, employees, agents, representatives, licensors, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Platform, or Materials, (b) your violation of these Terms, or (c) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. JamKazam will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if JamKazam is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding JamKazam’s inability to contact you in a timely manner.
The Platform may include access to embeddable JamKazam services (“Widgets”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader.
You may not, without the prior written consent of JamKazam, use the Widgets in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of JamKazam, use the Widgets to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Widgets in any way that suggests that JamKazam or any artist, audio creator or other third party endorses or supports your website, or your use of the Widgets. The foregoing shall apply whether such use is commercial or non-commercial.
JamKazam reserves the right to block your use of the Widgets at any time and for any reason in its sole discretion.
Certain features of the Platform are only available to registered users who subscribe for a paid premium account (“Premium Account”).
The purchase of a Premium Account subscription is subject to additional terms, which you will find here. These terms include, among other things, terms relating to payment, the conclusion and renewal of your subscription contract, your right of cancellation during the first 14 days of your subscription, and certain technical usage limitations.
These additional terms are applicable to Premium Account users in addition to these general Terms.
JamKazam reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, JamKazam shall use commercially reasonable efforts to notify registered users of such decision in advance. In addition, you acknowledge that, while JamKazam has undertaken to provide accurate information via the Platform, it is not comprehensive, and JamKazam makes no commitment to update the information at any particular time, and the information on the Platform may be out of date. Information on the Platform may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in the Platform are solely your responsibility.
You hereby agree that JamKazam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that JamKazam may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, Apps, or Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
JamKazam may change the features of any type of account, may withdraw or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Premium Accounts from time to time. In the event of any increase in the price or material reduction in the features of any Premium Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where JamKazam proposes to make changes to any type of account to which you subscribe (Premium Account or otherwise), and these changes are material and to your disadvantage, JamKazam will notify you of the proposed changes by sending a message to your JamKazam account and/or an email to the then current email address that we have for your account four (4) weeks in advance or such changes. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such four (4) week period, your continued use of your account after the end of that four (4) week period will constitute your acceptance of the changes to your account.
These Terms are effective as to you and your use of the Platform until terminated by you or JamKazam. Your rights under these Terms will terminate automatically without notice from JamKazam if you fail to comply with any term(s) of these Terms (including by violating any license restriction provided herein). You may terminate these Terms (as to you only) by deleting your account and ceasing use of the Platform. Upon any such termination of these Terms, you must immediately cease all use of the Platform. You will not be able to use the Platform without re-registering. You may not re-register if you are prohibited from re-registering by these Terms.
If you have a Premium Account and terminate before the end of your subscription, or if your account is otherwise suspended or terminated by JamKazam, we are unable to offer any refund for any unexpired period of your subscription. If you have purchased JamTracks licenses and terminate this these Terms pursuant to this section, or if your account is suspended or terminated by JamKazam, we will not offer any refund on your JamTracks purchases.
Once your account has been terminated, Your Content residing in your account, or pertaining to activity from your account will be irretrievably deleted by JamKazam, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests (or if we are not required to delete such Content, as described herein, such as when other users beside you own rights in or have contributed to Your Content). You are advised to save or back up any material that you have uploaded to your account before terminating your account, as JamKazam assumes no liability for any material that is irretrievably deleted following any termination of your account. JamKazam is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website and Apps for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so by sending an email requesting account deletion to email@example.com.
The provisions of these Terms that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your JamKazam Account, Your Content, Grant of License , Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.
JamKazam may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of JamKazam. You may not assign these Terms or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of JamKazam.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and JamKazam. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms and your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, except as set forth to the contrary in the “Dispute Resolution” section above, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
The services hereunder are offered by JamKazam, Inc., a Delaware corporation and with its main place of business at 3924 Knollwood Drive,, Austin TX 78731. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.
Last Amended: 30 September 2020