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Terms of Service

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, together with our Privacy Policy, Cookies Policy, and any other terms specifically referred to in any of those documents, constitute a legally binding agreement between you and JamKazam in relation to your use of the Website, Apps and Services (together, the “Platform”).

These Terms are divided into the following sections:

Acceptance of Terms

Please read these Terms, our Privacy Policy , and Cookies Policy carefully.  Our Privacy Policy and Cookies Policy are hereby incorporated by reference into these Terms. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform. THE PLATFORM IS NOT FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, THEN YOU ARE NOT PERMITTED TO USE THE SERVICE. If you are accessing the Platform on behalf of an entity or organization (collectively, “Organization”), then you represent and warrant that (a) you are an authorized representative of that Organization, (b) you have the authority to bind that Organization to these Terms, and (c) agree to be bound by these Terms on behalf of that Organization.

Changes to Terms

We reserve the right to change, alter, replace or otherwise modify these Terms at any time; provided however, that we will endeavor to provide you with material notice of any prior changes. 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.

Description of the Platform

The Platform is a hosting service. Registered users of the Platform may submit, upload and post text, photos, pictures, 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 all of the content we make available through the Platform, but you may use it as you use the Platform. You may not use our logo without our written permission.

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.

Your JamKazam Account

You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users.

When you register to use the Platform, you will provide us with your name, email address, instruments played, and will choose a password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy.

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, 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 are advised to notify JamKazam in writing, and should change your password at the earliest possible opportunity.

We reserve the right to, with or without prior notice, suspend or terminate your account 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 any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

Your Use of the Platform

Subject to your strict compliance with these Terms, JamKazam grants you a limited, personal, non-exclusive, revocable, non-assignable 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 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 Website and Apps 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 of Service 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:

  1. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
  2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these Terms, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
  3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  6. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  7. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  8. You must not use the Platform to perform, record, upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    • any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in JamKazam’s reasonable discretion;
    • any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
    • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in JamKazam’s reasonable opinion;
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  10. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  11. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  12. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any JamKazam employee.
  13. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  14. You must not sell or transfer, or offer to sell or transfer, any JamKazam account to any third party without the prior written approval of JamKazam.
  15. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  16. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by JamKazam or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of JamKazam’s servers, system or network or attempt to breach JamKazam’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking JamKazam’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of JamKazam under these Terms, JamKazam reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

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.

Purchasing JamTracks

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 that are streamed to you are also licensed to you solely for personal, non-commercial use. JamTracks are made available to you for the price set forth on the Platform. All purchases for JamTracks are final, and no refunds are available. Payments must be made by credit card through our third party payment processor. All payments are made in United States Dollars.

Your Content

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you perform, record, upload, store, transmit, submit, exchange or make available to or via the Platform (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.

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.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and JamKazam shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Grant of License

By performing, recording, uploading, posting, or otherwise transmitting Your Content to the Platform, 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 such licenses to JamKazam on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

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 Services. 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 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.)

Removal of audio Content from your account will automatically result in the disassociation of such Content from your account, but it will not result in the deletion of the relevant files from JamKazam’s systems and servers until or unless all other users who participated in the creation of such audio Content also request removal of such Content. 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 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, suggestions, inventions, or materials (“Creative Ideas”), we will:

  1. own, exclusively, all now known or later discovered rights to the Creative Ideas;
  2. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
  3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Representations and Warranties

You hereby represent and warrant to JamKazam as follows:

  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize JamKazam to use, Your Content pursuant to these Terms, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, Apps, any and all Services and any Linked Services.
  2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
  4. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of JamKazam, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

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.

Liability for Content

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, 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.

Reporting Infringements

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 copyright@jamkazam.com.

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:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which JamKazam may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.

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.

Third Party Websites and Services

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 or authenticity of content, information or services provided by such External Services.

External Services may have their own Terms of Service and/or privacy policy, and may have different practices and requirements to those operated by JamKazam with respect to the Platform. You are solely responsible for reviewing any Terms of Service, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any 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 disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against JamKazam with respect to the content or operation of any External Services.

Blocking and Removal of Content

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.

Repeat Infringers

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 forthwith.

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.

Disclaimer

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”.

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, 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 SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED 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.

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.

Limitation of Liability

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 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 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.

Indemnification

You agree to indemnify and hold JamKazam, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Platform, or Materials, or (b) your violation of these Terms. 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.

Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by JamKazam in accordance with our  Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.

Use of JamKazam Widgets

The Platform includes 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.

Premium Accounts

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.

Changes to the Platform, Accounts and Pricing

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.

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.

Termination

These Terms are effective 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 by deleting your account and ceasing use of the Platform. Upon any 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 this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription. If you have purchased JamTracks licenses and terminate this Agreement, we will not offer any refund on your JamTracks purchases.

If you have a Premium Account and your account is suspended or terminated by JamKazam, then JamKazam is not obligated to provide you with a refund. If you have purchased JamTracks licenses and your account is suspended or terminated by JamKazam, then JamKazam is not obligated to provide you with a refund.

Once your account has been terminated, any and all 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. 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 support@jamkazam.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 AccountYour ContentGrant of License , Representations and WarrantiesLiability for ContentDisclaimer, Limitation of LiabilityIndemnificationTerminationAssignment to Third PartiesSeverability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.

Assignment to Third Parties

JamKazam may assign its rights and (where permissible by law) its obligations under this Agreement, 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 this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of JamKazam.

Severability

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.

Entire Agreement

These Terms, together with the Privacy Policy  and Cookies Policy, constitute the entire agreement between you and JamKazam with respect to your use of the Platform (other than any use of JamKazam’s APIs which may also be subject to separate API Terms of Service), and supersede any prior agreement between you and JamKazam. Any modifications to this Agreement must be made in writing.

Third Party Rights

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.

Applicable Law and Jurisdiction

  1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND JAMKAZAM AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE PLATFORM AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
    1. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to JamKazam, to you via any other method available to JamKazam, including via e-mail. The Notice to JamKazam should be addressed to JamKazam, Inc., Attn: Chief Operating Officer, 5813 Lookout Mountain Drive, Austin TX 78731 (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and JamKazam do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or JamKazam may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against JamKazam, then JamKazam will promptly reimburse you for your confirmed payment of the filing fee upon JamKazam’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
    2. Arbitration Proceeding. The arbitration will be conducted in English. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and JamKazam agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. No Class Actions. YOU AND JAMKAZAM AGREE THAT YOU AND JAMKAZAM MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
    4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Texas in conducting the arbitration. You acknowledge that these terms and your use of the App evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
  2. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of these Terms by JamKazam or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against JamKazam, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
  3. Claims.You and JamKazam agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Platform, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  4. Improperly Filed Claims. All claims you bring against JamKazam must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, JamKazam may recover attorneys’ fees and costs up to $5,000, provided that JamKazam has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  5. Modifications. In the event that JamKazam makes any future change to the Mandatory Arbitration provision (other than a change to JamKazam’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to JamKazam’s Arbitration Notice Address, in which case your account with JamKazam and your license to use the Service shall terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
  6. Enforceability. If only Section 27.a.iii or the entirety of this Section 27 is found to be unenforceable, then the entirety of this Section 27 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 28 will govern any action arising out of or related to these Terms.

Governing Law

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, 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.

By using the Platform, you consent to receiving communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Contact Us

The services hereunder are offered by JamKazam, Inc., a Delaware corporation and with its main place of business at 5813 Lookout Mountain Drive, Austin TX 78731. You may contact us by sending correspondence to the foregoing address or by emailing us at info@jamkazam.com.


Last Amended: 24 April 2015