Policies

Jammio Terms of Use

Welcome to the Jammio Music Web Site (the "Site"). In order to register and/or use the site, Users of the Site ("Users") must have read and agreed to the Terms of Use. By accessing or using the Site you consent that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered User of the Site. Jammio, LLC ("Jammio") reserves the right, in its sole discretion, to edit, change, modify, add, or delete the contents of these Terms of Use at any time without notice; any such change, modification, addition or deletion will be effective upon posting to the Site.

Use of Materials Found on the Site

The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Site are protected by copyright and international laws. You may not reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Jammio server, except where explicitly allowed. You should not attempt to claim any Materials as your own work that are not. Any computer software made available on the Website is provided subject to the terms of the applicable license agreement. Before using any Jammio logo or trademark, please contact Jammio via our web form or another method.

Files Exchanged via the Site

Users exchange multimedia files through the site in order to collaborate, create, and modify works. Users agree not to use the Site to exchange files or content that is copyrighted by parties other than the Users exchanging files or content in that Session or that is otherwise illegally transferred. Jammio reserves the right to suspend, delete, or otherwise terminate file or content exchanges it believes infringe on rights of others under copyright law or other applicable law. By uploading files to the Site and to other publicly accessible areas of the Site (including profiles), you grant Jammio worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s) to use for public performance such content on the Site in connection with the Site, the operation of the Site and in connection with Jammio's business. This license exists only for as long as you elect to continue to include such content on the Site and will terminate at the time you remove or Jammio removes such content from the Site. Jammio does not claim any rights to a User's music other than the right to use it for public performance on the Site and the rights set forth above. Collaboration and service terms including the exchange of files and any fees associated with transactions are generated and agreed to by the Users participating in a given project. Jammio does not claim any rights, other than those listed below, to or in the files that are uploaded and exchanged for legitimate collaborative purposes or to or in the product(s) of that collaboration. Jammio is not responsible for the outcome of collaborations and/or services rendered by fellow Users. Jammio encourages Users to discuss in the collaboration system with other collaborators the terms of their work and protections relating to their work to maintain honesty and fairness among the community. All Users must comply with copyright and similar laws and must not infringe on the rights of others. Note however, that Jammio does not monitor in any manner whether Users are complying with those laws or honoring those rights, and Jammio is not responsible for protecting the copyright, license or other similar rights of any User. Please see the section titled "Copyright Complaints" if you believe that audio or other material has been uploaded or downloaded illegally using the Site. You agree to indemnify and hold Jammio, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint venturers and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party based on copyright infringement due to or arising out of your use of the Site (including, but not limited to, the Services, User visits to or use of the Site) in violation of these Terms of Use or your violation of any law or the rights of a third party. 


Copyright Complaints

If you believe that any material on the Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of

Claimed Infringement: _________

Full Address of Designated Agent to Which Notification

Should be Sent: ________

E-Mail Address of Designated Agent: __________

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Maintaining the Integrity of the Community

Jammio reserves the right without prior notice to affected Users to remove material (including, but not limited to photos, text, files, User submissions, User profiles, and User accounts) from the Site because it is deemed harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of Jammio, to be objectionable or incompatible with these Terms of Use and/or the goals of the Site.

Users' Agreement not to use the Site for certain purposes:

Users agree not to use the Site to upload, post, email, transmit or otherwise make available any content that Jammio, in its sole discretion, deems to be exceedingly harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Submissions that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation, except for the placement of Jammio music advertisements using the Jammio Music Advertising System, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of musical or other related creative talent as determined by Jammio, in its sole discretion; send unsolicited email advertisements to the Site User email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; or, use or attempt to use another User's account, service or system without prior written authorization from Jammio, LLC, or create a false identity on the Site.

Privacy

Jammio does not share personal identifying information (including information Users enter as part of their profiles) without prior written consent from Users. Jammio does not share personal User information with marketers or advertisers; however, Jammio may do so in the aggregate without making reference to or identifying individual users or their contact information. For further information please click the Privacy link at the bottom of this page.

Membership and Purchases

Registration with Jammio is free of charge. Jammio agrees to terminate memberships upon receipt of termination notification from members/purchasers in the Settings area of the site. If payments cannot be charged to a credit card or are otherwise incomplete for any reason, Jammio, in its sole discretion and without prior notice, reserves the right either to suspend or terminate access to a purchaser's account. Jammio, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in particular memberships at any time, including the right to adjust storage and bandwidth limits associated with different classes of membership if deemed necessary.

Jammio does not offer refunds outside of the Jammio Request System. All items purchased through Jammio's music store are sold non-refundable. However, if there are any issues with a Jammio Request collaboration please contact Jammio immediately and use the "Have Jammio Intercede" feature.

We aim to solve any issue amicably. No refund will be given if user violated the Terms and Conditions of Web Site Use, or the Music Submission Agreement.

Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the User's account or password.

Conflicts of Interest

Users that engage in a Jammio Request involving a member of Jammio, LLC understand that they do so willing participating in an instance of known conflict of interest. As a result any Users involved in such requests agree to indemnify and hold Jammio, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint venturers and employees, harmless from and against any loss, liability, claim, or demand, including but not limited to the price of the request.

Children Under Age 13

Children under age 13 are not permitted to register for the Site. Jammio does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Site. If you are under 13, please do not register for the Site or send any information about yourself to Jammio, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Site. In the event that Jammio learns that it has collected personal information from a child under age 13, without verification of parental consent, Jammio will delete that information as quickly as possible. If you believe that Jammio might have any information from or about a child under 13, please contact us at abuse@jammio.com

Children Between the Ages of 13 and 18

Jammio recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

User Disputes

Please see the Music Submission, Request Creation and Request Acceptance agreements.

Links to Other Websites

The Site contains links to other web sites. Jammio has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked by Jammio for content, accuracy or completeness. Inclusion of any linked web site on or through the Site does not imply Jammio's approval or endorsement of the linked web site. If Users decide to leave the Site and access these other third-party sites, they do so at their own risk.

Disclaimers

Jammio is not responsible for any incorrect or inaccurate content on the Site, User Submission or any other User-generated material posted on the Site or in connection with the Site, whether posted or caused by Users of the Site, or by any of the equipment or programming associated with or utilized in the Site. Jammio is not responsible for the conduct, whether online or offline, of any User of the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Jammio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. Jammio is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Jammio be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone's use or viewing of the Site, any User Submissions or any other User-generated material posted on or through the Site or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

THE SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND AND JAMMIO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JAMMIO CANNOT PROMISE OR GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL JAMMIO BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THESERVICE, EVEN IF JAMMIO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JAMMIO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO JAMMIO FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B)ONE HUNDRED DOLLARS ($100). USERS WILL NOT HOLD JAMMIO RESPONSIBLE FOR OTHER USERS' ACTIONS OR INACTIONS, INCLUDING FILES UPLOADED TO THE SITE. YOU ACKNOWLEDGE THAT THE SITE IS AVENUE TO ALLOW THE EXCHANGE OF AUDIO FILES FOR THE PURPOSES OF COLLABORATION. JAMMIO IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS ANDSELLERS OF FILES EXCHANGED USING THE SITE SESSION INTERFACE. JAMMIO HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED,THE TRUTH OR ACCURACY OF PROFILES OR OFFERS FOR SERVICE, THE ABILITY OF BUYERS TO PAY FOR FILESEXCHANGED, THE TERMS OF AGREEMENT AND ALL CONSEQUENCES THEREOF BETWEEN BUYERS AND SELLERS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

WE DO NOT TRANSFER LEGAL OWNERSHIP OF ELECTRONIC FILES FROM THE SELLER TO THE BUYER. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE JAMMIO (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALLOF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the Site, Users agree that the laws of the United States of America and the State of Texas, without regard to conflicts of laws principles, will govern these Terms of Use and any dispute of any sort that might arise between you and Jammio or any of its affiliates. Any legal action or proceeding related to this Site (including, but not limited to, User visits to or use of the Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. To the extent you might have in any manner violated or threaten to violate Jammio or any of its affiliates' proprietary or intellectual property rights, Jammio may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Texas. Any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Jammio, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Site (including, but not limited, the Services, User visits to or use of the Site) in violation of these Terms of Use or your violation of any law or the rights of a third party.

Other

These Terms of Use, together with any other policies of Jammio posted by it on the Site, constitute the entire agreement between you and Jammio regarding the use of the Site, superseding any prior agreements between you and Jammio relating to your use of the Site. The failure of Jammio to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Jammio reserves the right to make changes to the Site, policies, and these Terms of Use at any time. Changes take effect when they are posted on the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Site and its contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Site is void where prohibited.

Termination of Service

You agree that Jammio, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your Site account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the Site, for any reason, including, without limitation, if Jammio believes that you have acted inconsistently with these Terms of Use. Further, you agree that Jammio shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. Without limiting the foregoing, in accordance with the DMCA and other applicable law, Jammio has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Jammio, Users who are deemed to be repeat infringers of intellectual property rights. Jammio may also, at its sole discretion and without prior notice, limit access to the Site and/or terminate the memberships of any Users who, in the judgment of Jammio, infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Advertising

Jammio makes no guarantee as to the outcome or result of advertisements placed on the Site. Although Jammio will always do its best to ensure that ads are placed according to the terms agreed to at the time of purchase including target audience and advertisement terms, Jammio cannot be held responsible for any expected result of placing advertisements on the Site, including but not limited to changes in product sales, web traffic, concert attendance, or collaborative interest.

Questions and Feedback

We welcome your questions and feedback. Please visit our Help page for more information, or contact us at questions@jammio.com