JAMSTUDIO.COM
PRIVACY POLICY
This Privacy
Policy ("Policy") discloses the privacy practices for JamStudio.com
(JS) and various related services (JS Services). Chord Studio, Inc., the
provider of JS Services (referred to as "us" or "we"),
is committed to protecting your privacy online. Please read the information
below to learn the following regarding your use of this site:
You acknowledge that this Privacy
Policy is part of User Agreement located at Terms, and by accessing or
using JS Services, you agree to be bound by all of its terms and
conditions. If you do not agree to these terms, please do not access or use any
aspect of JS Services.
We reserve the right to change this
Policy at any time. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means
including, but not limited to issuing an e-mail to the e-mail address listed by
registered users and/ or posting the revised Policy on this page. You
acknowledge and agree that it is your responsibility to maintain a valid e-mail
address as a registered user, review the Site and this Policy periodically
and to be aware of any modifications. Your continued use of JS Services after
such modifications will constitute your: (a) acknowledgment of the modified
Policy; and (b) agreement to abide and be bound by the modified Policy.
1. What information do we collect
from you?
In order to better provide you with
our numerous services, we collect two types of information about our users: Personally
Identifiable Information and Non-Personally Identifiable Information. Our
primary goal in collecting information from you is to provide you with a
smooth, efficient, and customized experience while using JS Services.
Personally Identifiable Information:
This refers to information that lets us know the specifics of who you are. For
example, when you engage in certain activities on JS, such as registering
for a membership, ordering a product or using our service, submitting content
and/or posting content in discussion forums or other public areas,
entering a contest or sweepstakes, filling out a survey, or sending us
feedback, we may ask you to provide certain information about yourself by
filling out and submitting an online form. It is completely optional for you to
engage in these activities. If you elect to engage in these activities,
however, we may ask that you provide us personal information, such as your
first and last name, mailing address (including zip code), e- mail
address, telephone number, and other personal identifying information. When
ordering products or services on the JS, you may be asked to provide a
credit card number. Depending upon the activity, some of the information
we ask you to provide is identified as mandatory and some as voluntary. If
you do not provide the mandatory data with respect to a particular activity,
you will not be able to engage in that activity.
Non-Personally Identifiable
Information: This refers to information that does not by itself identify a
specific individual. We gather certain information about you based upon
your use of JS Services, including where you visit on JS. This information is
compiled and analyzed on both a personal and an aggregated basis. This
information may include the Uniform Resource Locator ("URL") of the
website that you just came from, which URL you go to next, what browser
you are using, and your Internet Protocol ("IP") address..
2. Where do we collect information
from you and how do we use it?
We do not collect any Personally Identifiable
Information about you unless you voluntarily provide it to us. You provide
certain Personally Identifiable Information to us when you:
(a) Register for our services and
register your e-mail address with us;
(b) Enter sweepstakes, contests or events
sponsored by us or one of our partners;
(c) Sign up for special offers from
selected third parties;
(d) Send e-mail messages, submit
forms or transmit other information by telephone or letter; or
(e) Submit your credit card or other
payment information when ordering and purchasing products and services on JS.
We may also collect information from
you at other points on our site that state that such information is being
collected.
In addition, we may also collect, or
our third party ad server and/or content server may collect, certain
Non-Personally Identifiable Information. This information is ultimately
stored in the form of store categories, and, in some cases, specific URLs. We
use your IP address to diagnose problems with our servers, software, to administer
our Site and to gather demographic information. Our third party ad servers will
also provide us with summary, but not individual, reports that will tell
us how many ads were presented and clicked upon at JS.
We will primarily use your Personally
Identifiable Information to provide our services to you. We will also use
Personally Identifiable Information to enhance the operation of JS
Services, fill orders, improve our marketing and promotional efforts,
statistically analyze JS use, improve our product and service offerings,
and customize our JS content, layout, and JS Services. We may use
Personally Identifiable Information to deliver information to you and to
contact you regarding administrative notices. We may also use
Personally Identifiable Information to resolve disputes, troubleshoot
problems and enforce our agreements with you, including the User Agreement,
this Policy, and any other ancillary agreement between you and JS.
3. With whom do we share your
information?
We do not sell, trade, or rent your
Personally Identifiable Information to others. We do provide some of our
services through contractual arrangements with affiliates, services
providers, partners and other third parties. We and our service partners use
your Personally Identifiable Information to operate our JS and to deliver
their services. For example, we must release your credit card information to
the card-issuing bank to confirm payment for products and services
purchased on JS; and provide order information to third parties that help us
provide customer service.
We will encourage our service
partners to adopt and post privacy policies. However, the use of your
Personally Identifiable Information by our service partners is governed by
the privacy policies of those service partners, and is not subject to our
control.
Occasionally we may be required by
law enforcement or judicial authorities to provide Personally Identifiable
Information to the appropriate governmental authorities. We will disclose
Personally Identifiable Information upon receipt of a court order, subpoena, or
to cooperate with a law enforcement investigation. We fully cooperate with
law enforcement agencies in identifying those who use JS for illegal
activities. We reserve the right to report to law enforcement agencies any
activities that we in good faith believe to be unlawful.
We may also provide Non-Personally
Identifiable Information about our customers' sales, traffic patterns, and
related site information to third party advertisers, but these statistics
do not include any Personally Identifiable Information.
4. How can you update or correct your
Personally Identifiable Information?
We believe you should have the
ability to access and edit the Personally Identifiable Information that you
have provided to us. You may change any of your Personally Identifiable
Information in your account online at any time.
We encourage you to promptly update
your Personally Identifiable Information if it changes. You may ask to have the
information on your account deleted or removed; however, because we keep
track of past transactions, you cannot delete information associated with past
your transactions. In addition, it may be impossible to completely delete
your information without some residual information because of backups.
5. What are your choices regarding
collection, use, and distribution of your information?
We may, from time to time, send you email
regarding our products and services. In addition, if you indicated upon
registration that you are interested in receiving offers or information
from us and our partners, we may occasionally send you direct mail about
products and services that we feel may be of interest to you. Only JS (or
agents working on behalf of Chord Studio, Inc. and under confidentiality
agreements) will send you these direct mailings and only if you indicated
that you do not object to these offers. If you do not want to receive such
mailings, simply tell us when you give us your personal information. Or,
at any time you can easily edit your account information to no longer
receive such offers and mailings.
You also have choices with respect to
cookies, as described below. By modifying your browser preferences, you have
the choice to accept all cookies, to be notified when a cookie is set, or
to reject all cookies. If you choose to reject all cookies some parts of our
site may not work properly in your case.
6. What security precautions are in
place to protect against the loss, misuse, or alteration of your information?
We do our best to keep your
information secure consistent with current industry standards. The importance
of security for all Personally Identifiable Information associated with
our user is of utmost concern to us. Your Personally Identifiable Information
is protected in several ways. Access by you to your Personally
Identifiable Information is available through a password and unique customer ID
selected by you. This password is encrypted. We recommend that you do not
divulge your password to anyone. In addition, your Personally Identifiable
Information resides on a secure server that only selected JS personnel and
contractors have access to via password. We encrypt your
Personally Identifiable Information and thereby prevent unauthorized
parties from viewing such information when it is transmitted to us.
In order to most efficiently serve
you, credit card transactions and order fulfillment are handled by established
third party banking, processing agents and distribution institutions. They
receive the information needed to verify and authorize your credit card or
other payment information and to process and ship your order.
Unfortunately, no data transmission
over the Internet or any wireless network can be guaranteed to be 100% secure.
As a result, while we strive to protect your Personally Identifiable
Information, you acknowledge that: (a) there are security and privacy
limitations of the Internet which are beyond our control; (b) the
security, integrity and privacy of any and all information and data exchanged
between you and us through JS cannot be guaranteed; and (c) any such
information and data may be viewed or tampered with in transit by a third
party.
7. Do we use "cookies"?
When you use certain aspects of JS
Services, including the JS, we may store cookies on your computer in order to
facilitate and customize your experience. A cookie is a small data text
file, which a website stores on your computer's hard drive (if your Web
browser permits) that can later be retrieved to identify you to us. Our
cookies store randomly assigned user identification numbers, the country
where you are located, and your first name to welcome you back to our JS.
The cookies make your use of the JS easier, make the JS run more smoothly
and help us to maintain a secure site. You are always free to decline our
cookies if your browser permits, but some parts of our JS may not work
properly in that case.
We may use an outside ad serving
company to display banner advertisements on our JS. As part of their service,
they may place a separate cookie on your computer. We will not provide any
third-party ad server with any of your Personally Identifiable Information or
information about your purchases. We and our third party ad server will
collect and use Non-Personally Identifiable Information about you, such as your
IP address, browser type, the server your computer is logged onto, the
area code and zip code associated with your server and whether
you responded to a particular ad. Other advertisers may also place banner
ads on JS in the same manner as above, but we will not disclose any
Personally Identifiable Information to them.
8. What should you know about privacy
policies and data collection at any third party sites accessible from our site?
Except as otherwise discussed in this
Privacy Policy, this document only addresses the use and disclosure of
information we collect from you. Other sites accessible through JS have
their own privacy policies and data collection, use and disclosure practices.
Please consult each site's privacy policy. We are not responsible for the
policies or practices of third parties. Additionally, other companies which
place advertising on JS may collect information about you when you view or
click on their advertising through the use of cookies. We cannot control
this collection of information. You should contact these advertisers
directly if you have any questions about their use of the information that
they collect.
9. What else should you know about
your privacy online?
Our policy is that we do not
knowingly collect, use, maintain or disclose personally identifiable
Information about visitors that are under 13 years of age, and no part of
JS Services is directed at persons under 13. Once a child states that he/she is
under the age of 13, we do not collect any personally identifiable
information. JS complies with the Children's Online Privacy Protection Act and
all other applicable laws and regulations concerning children and the
Internet.
If you are between the ages of 13 and
18, you must obtain the permission of your parent or legal guardian before
providing any personally identifiable information to us.
If you are a parent or guardian who
has discovered that your child has submitted his or her personal information
without your permission or consent, we will take reasonable steps to
remove that information from our database at your request. To request removal
of your child's information, please send us an email to info@jamstudio.com which includes the user
ID, password, and email address that your child submitted.
You should also be aware that when
Personally Identifiable Information is voluntarily disclosed (i.e. your name,
e-mail address, etc.) in the discussion forums or other public areas on JS,
that information, along with any information disclosed in your communication,
can be collected and used by third parties and may result in unsolicited
messages from third parties. Such activities are beyond our control and
this Policy does not apply to such information. Any submissions to chat
rooms or other public areas on our JS are accepted with the
understanding that they are accessible to all third parties. If you do not
want your comments to be viewed by third parties, you are advised not to make
any submissions. Ultimately, you are solely responsible for maintaining
the secrecy of your password and/or account information. Please be
careful and responsible whenever you're online.
Chord Studio, Inc. adheres to the US
Safe Harbor privacy principles. For more information about the Safe Harbor
framework or our registration, see the Department of Commerce's web site
located at https://www.export.gov/safeharbor/.
If you have any questions about this
Privacy Policy please contact us by sending a letter to:
Chord Studio, Inc.
Attn: Privacy Compliance Officer
1701 Greenville Ave. #806
Richardson, TX 75081
USA
USER
AGREEMENT
Chord Studio, Inc., ITS PARENT,
SUBSIDIARIES AND AFFILIATES (TOGETHER, "JamStudio") PROVIDES ITS
WEBSITE, JAMSTUDIO.COM (JS), THE JamStudio Virtual Online Band (AND RELATED
SERVICES (JS Services) TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT
("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS
AGREEMENT, DO NOT ACCESS OR OTHERWISE USE JS Services OR ANY INFORMATION
CONTAINED ON THIS SITE. YOUR USE OF JS Services SHALL BE DEEMED TO BE
YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW AND The JS PRIVACY
POLICY, WHICH IS SPECIFICALLY INCORPORATED INTO THIS AGREEMENT. JS CAN
CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON
THIS SITE OR SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING JS Services. IF YOU DO NOT
CEASE USING ANY ASPECT OF JS Services, YOU WILL BE CONCLUSIVELY DEEMED TO
HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT,
YOU MAY CONTACT US AT info@jamstudio.com.
This Agreement applies to all users
of JS Services. The Site may contain links to third party websites that are not
owned or controlled by JS. JS has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. By using the JS, you specifically release JS from any and
all liability arising from your use of any third-party websites.
All aspects of JS Services are subject
to change or elimination at JS sole discretion. JS reserves the right to
interrupt the operation of JS Services with or without prior notice for
any reason or no reason. You agree that JS will not be liable for
any interruption of JS Services, delay or failure to perform, and you
understand that except as otherwise specifically provided in JS billing
policies and you shall not be entitled to any refunds of fees for interruption
of JS Services or failure to perform.
In the event you elect to use paid aspects
of JS Services, you agree to the pricing, payment and billing policies posted
at FAQ. JS may add new services for additional fees, or proactively
amend fees for existing services, at any time in its sole discretion.
Account Registration and Requirements
You must establish an account with JS
(your "Account") to use certain aspects of JS Services. You agree to
provide true, accurate, current and complete information about yourself as
prompted by the registration form ("Registration Data") and maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. You authorize JS, directly or through third parties, to
make any inquiries we consider necessary to validate your Registration
Data. Notwithstanding the foregoing, you acknowledge that JS
cannot guarantee the accuracy of any information submitted by any user of
JS Services, nor any identity information about any user.
You must be 13 years of age or older
to access JS Services. JS cannot absolutely control whether minors or adults
gain unauthorized access to JS Services. By accepting this Agreement in
connection with an Account, you represent that (i) you are at least
13 years of age; (ii) you have read and accept this Agreement; and (iii)
if you are under the age of 18 (or the age of majority in the jurisdiction
you reside), (x) your parent or legal guardian has consented to you having
an Account, and to providing your personal information for your
Account and (y) your parent or legal guardian has read and accepted this
Agreement.
You need to use an Account name in JS
which is not misleading, offensive or infringing. JS reserves the right to
delete or change any Account name for any reason or no reason. You are
fully responsible for all activities conducted through your Account or under
your Account name. At the time your Account is opened, you must select a
password. You are responsible for maintaining the confidentiality of
your password and are responsible for any harm resulting from your
disclosure, or authorizing the disclosure of, your password or from use by
any person of your password to gain access to your Account. At no time
should you respond to an online request for a password other than
in connection with the log-on process to JS Services. Your disclosure of
your password to any other person is entirely at your own risk. Account
registrations are limited per unique person.
JS does not recognize the transfer of
Accounts. You may not purchase, sell, gift or trade any Account, and any such
attempt shall be null and void.
You may cancel your Account at any
time; however, there are no refunds for cancellation. Upon your election to
cancel, your Account will be cancelled within 24 hours, but if you have
paid for a period in advance you will be allowed to use the remaining time
according to this Agreement unless your Account or this Agreement is
suspended or terminated based on our belief that you have violated this
Agreement. There will be no refunds for any unused time on a subscription
or any prepaid fees.
JS has the right to suspend or
terminate your Account at any time, without notice, refund or liability to you.
In the event that JS suspends or terminates your Account or this
Agreement, you understand and agree that you shall receive no refund or
exchange, time on a subscription, of any remaining license or subscription
fees, any content or data associated with your Account, or for anything
else.
Your Account may be suspended or
terminated for your breach of this Agreement or your payment delinquency (in each
case as determined in JS sole discretion).
License Terms and Other Intellectual
Property Terms
You have a nonexclusive, limited,
revocable license to use JS Services while you are in compliance with this
Agreement and other agreements between you and JS. Nothing contained in
this Agreement or any aspect of JS Services shall be construed as granting
you any other rights or privileges of any kind with respect to JS Services. You
acknowledge that your use of JS Services, including your creation or uploading
of User Content (as described below), does not make you a JS employee and that
you do not expect to be, and will not be, unless otherwise agreed between
you and JS, compensated by JS for such activities.
You further agree not to use any
aspect of JS Services for any commercial purposes unless you obtain JS prior
written approval.
The interactive nature of postings on
JS makes it impossible for us to assume responsibility for any User Content
posted by users. The ideas, suggestions, opinions, comments, and
observations made by the JS users, and any text, data, photographs, video,
sound, music (including content created with JS), chat, messages, files or
any other material provided to us by users (all of which are referred to
as "User Content") are not endorsed by JS, and we make no guarantee
regarding the reliability, accuracy, or quality of any User Content
appearing throughout JS Services. You acknowledge that you will evaluate and
bear any risks related to your use of any User Content. All User Content
appearing throughout JS Services are the sole responsibility of the person who
originally posted the User Content, and your sole recourse for any damage
you may suffer as a result of User Content shall be to such individual.
You shall be solely responsible for
your own User Content and the consequences of posting or publishing them. You
retain all of your ownership rights in your User Content. However, by
submitting User Content (including music content) to JS, you hereby grant, and
you represent and warrant that you have the right to grant, JS
irrevocable, worldwide, non-exclusive, perpetual, royalty-free, fully
paid-up, sub-licensable, transferable right and license to sell, use,
reproduce, incorporate into other works, distribute, publicly perform, prepare
derivative works of, display, and perform (in any format, whether digital
or analog) the User Content in connection with JS Services and JS (and its
successor's) business, including without limitation for promoting and
redistributing part or all of JS Services (and derivative works thereof)
in any media now known or hereafter developed, and to have the same rights
within advertising, marketing, samples, and promotional materials for the
purpose of promoting JS Services. JS may market, promote, and sell your content
on the Site, on other websites, and/or through distributors and wholesale
or retail channels.
JS expressly disclaims any and all
liability in connection with User Content. JS reserves the right to remove User
Content in its sole discretion and without prior notice.
You further understand and agree
that: (i) you are solely responsible for understanding all copyright, patent,
trademark, trade secret and other intellectual property or other laws that
may apply to your User Content; (ii) you are solely responsible for, and JS will
have no liability in connection with, the legal consequences of any
actions or failures to act on your part while using JS Services, including
without limitation any legal consequences relating to your intellectual
property rights; and (iii) JS acknowledgement hereunder of your
intellectual property rights in your User Content does not constitute a
legal opinion or legal advice, but is intended solely as an expression of JS intention
not to require users of JS Services to forego certain intellectual property
rights with respect to User Content they create using JS Services, subject
to the terms of this Agreement.
JS retains ownership of JS Accounts
and related data, regardless of intellectual property rights you may have in
content you create or otherwise own. You agree that even though you may
retain certain copyright or other intellectual property rights with respect to
User Content, you do not own the Account you use to access JS, JS Services,
nor do you own any data JS stores on JS servers (including without limitation
any data representing or embodying any or all of your User Content). Your
intellectual property rights do not confer any rights of access to JS Services
or any rights to data stored by or on behalf of JS.
Uploading Music
At the time you upload music, you
will be asked to provide information (title, description, tags, categories)
about your music so that visitors to the JS can search and find relevant
content. You will make best efforts to provide accurate, non-misleading
information about the music you uploaded and you will not submit unrelated
information for any purpose. If JS determines that information is misleading or
inaccurate or that it violates the rights of a third party, JS may delete
such information or your uploaded content, in its sole discretion.
Downloading Music - Personal Use Only
Subject to the payment of fees and
compliance with this Agreement and any other agreements between you and JS, JS makes
music content created by its users available for download. You may also be
required to pay fees and be bound by the same agreements if you choose to
download music created by you. JS, in its sole discretion, establishes the
price of content (including music) available to users, including standard
pricing, promotional pricing and discount pricing. Pricing policies are
available and are subject to change at JS sole and absolute discretion.
JS grants to you a non-exclusive,
non-transferable, non-sublicensable, worldwide, perpetual master-use license
and synchronization license for personal, non-commercial use only of
properly downloaded music ("Downloaded Music").
If needed commercial use licenses
will be made available subject to the payment of a commercial use fee and your
agreement to be bound by a Commercial Use License, which will be made
available to you upon checkout.
You may not distribute, sell, rent,
lease, assign, or otherwise transfer any Downloaded Music. You may not alter or
delete any identifier embedded within Downloaded Music. You are prohibited
from distributing Downloaded Music, including in native format or reformatted,
filtered, re-synthesized or otherwise edited, for use as sounds, music,
multi-sounds, samples, multi-samples, programs or patches in a sampler, sample playback
unit, website, compact disc (CD), DVD, computer, software or mobile phone. You
may not claim ownership or authorship of Downloaded Music. You cannot
create any derivatives of or records lyrics over Downloaded Music.
All rights not expressly granted in
writing remain the exclusive property of JS or its licensors.
Intellectual Property Rights
The content available throughout JS
Services, except certain User Content specifically excluded, including without
limitation, the text, graphics, sounds and photos created by and for JS,
interactive features and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to JS,
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. The JS site and all
content available through JS Services, including content you download,
whether in exchange for payment or free of charge, is provided to you AS IS and
may not be used, reverse engineered, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any purpose whatsoever without the prior written consent of JS or as
expressly provided herein. JS reserves all rights not expressly granted in and
to JS Services and the content contained therein.
You agree to not engage in the use,
copying, retransmission or distribution of any content available throughout JS
Services other than as expressly permitted herein, including any use,
copying, or distribution of User Content or Site content. You agree not to
circumvent, disable or otherwise interfere with security related features
of JS Services or features that prevent or restrict use or copying of any
content or enforce limitations on use of JS Services or the content
therein.
Without a written license agreement, JS
does not authorize you to make any use of its Marks. JS reserves all right,
title, and interest in the Marks and does not authorize you to display or
use any Marks in any manner whatsoever.
Digital Millennium Copyright Act
If you are a copyright owner or an
agent thereof and believe that any User Content infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing us with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
¥
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
¥
Identification of the copyrighted work(s) claimed to have been infringed;
¥
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 locate
the material;
¥
Information reasonably sufficient to contact you, such as an address, telephone
number, and, if available, an electronic mail;
¥
A statement that you have 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
¥
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
The information should be mailed to 1701
Greenville Ave. #806, Richardson, TX 75081, USA or emailed to info@jamstudio.com.
If you fail to comply with all of the requirements above, your DMCA notice
may not be valid.
If you believe that your User Content
that was removed (or to which access was disabled) is not infringing, or that
you have the authorization from the copyright owner, the copyright owner's
agent, or pursuant to the law, to post and use the material in your User
Content, you may send a notice containing the following information to JS:
¥
Your physical or electronic signature;
¥
Identification of the User Content that has been removed or to which access has
been disabled and the location at which the User Content appeared before
it was removed or disabled;
¥
A statement that you have a good faith belief that User the Content was removed
or disabled as a result of mistake or a misidentification of the User
Content; and
¥
Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in Los Angeles,
California, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
¥
JS may send a copy of your notice to the original complaining party informing
that person that it may replace the removed User Content or cease
disabling it in 10 business days. Unless the copyright owner files an action
seeking a court order against the User Content provider, member or user,
the removed User Content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the notice, at JS sole discretion.
User Conduct
In using JS Services, you agree to
not: impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; upload, download,
post, email or otherwise transmit any content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary
right of any party; upload, download, post, email or otherwise transmit any
content that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any
local, state, national, or international law; upload, download, post,
email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, or any other form
of solicitation; upload, download, post, email or otherwise transmit 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; upload,
download, post, email or otherwise transmit false or misleading
information; disrupt or interfere with the security of, or otherwise
abuse, JS Services, or any services, system resources, accounts, servers,
or networks connected to or accessible through JS or affiliated or linked
websites; access, tamper with or use non-public areas JS Services. Unauthorized
individuals attempting to access these areas may be subject to prosecution;
disrupt or interfere with any other user's enjoyment of JS Services or
affiliated or linked websites; incorporate images or names that would violate a
person's right of privacy or publicity.
User
Acknowledgements
You acknowledge that JS does not
pre-screen User Content, but that JS and its designees shall have the right
(but not the obligation) in their sole discretion to reject or remove any
content appearing throughout JS Services. JS and its designees shall have
the right to remove any User Content that violates the Agreement or is
otherwise objectionable to JS. You agree that you must evaluate, and bear
all risks associated with, the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content. You acknowledge
that you may not rely on any content created by or submitted to JS. You
acknowledge and agree that JS may preserve User Content and may also
disclose them if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i) comply with
legal process; (ii) enforce this Agreement; (iii) respond to claims that any
User Content violates the rights of third-parties; or (iv) protect the
rights, property, or personal safety of JS, its users and the public.
You understand that the technical
processing and operation of JS Services, including your User Content, may
involve (i) transmissions over various networks; and (ii) changes to
conform and adapt to technical requirements of connection networks or devices. JS
takes no responsibility and assumes no liability for any content uploaded
or otherwise transmitted by or to you or by or to any third-party, or for
any mistakes, defamation, slander, libel, omissions, falsehoods,
infringement, obscenity, pornography or profanity you or a third party
may encounter. You agree to waive any claims against JS and its
affiliates, contractors, agents and employees for losses, damages
and injuries which are based on or relate to communications, User Content,
content or materials available through JS Services. You agree to indemnify
JS and its affiliates from all claims and expenses, including reasonable attorney's
fees, which claims are based on or arise from your violation of any of the
provisions of this Agreement.
DISCLAIMERS OF INDEMNIFICATION
WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
All data on JS servers are subject to
deletion, alteration or transfer. When using JS Services, you may accumulate
content that reside as data on JS servers.
THESE DATA, AND ANY OTHER DATA,
ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON JS SERVERS, MAY BE DELETED,
ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN MUSICSHAKE'S SOLE
DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER
RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU CREATE USING JS Services,
AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY
YOU OR ANY THIRD PARTY, JS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY
DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE
CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON
MUSICSHAKE'S SERVERS. YOU UNDERSTAND AND AGREE THAT MUSICSHAKE HAS THE RIGHT,
BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN
WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT
NOTICE AND WITH NO LIABILITY OF ANY KIND.
DISCLAIMER OF WARRANTIES
YOUR USE OF JS Services IS AT YOUR
SOLE RISK. JS Services, INCLUDING THE SITE AND THE INFORMATION, SERVICES,
PRODUCTS, PROGRAMS, MATERIALS AND CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JS AND ITS AFFILIATES
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
JS DOES NOT MAKE ANY WARRANTY THAT
(A) JS Services OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT JS
Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH JS Services WILL MEET YOUR EXPECTATIONS, OR (D)
THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT JS SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH JS
Services OR ANY CONTENT CONTAINED THEREIN.
YOU EXPRESSLY AGREE THAT USE OF JS
Services, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT JS DOES
NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD
PARTIES ON OR THROUGH JS Services. EXCEPT AS OTHERWISE AGREED IN WRITING, JS
AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR
USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD
PARTIES THROUGH JS Services.
YOU ACKNOWLEDGE THAT JS MAKES NO
WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED
THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM JS OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL JS OR ANY OF ITS
SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES,
EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO
ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST
PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT
OF OR IN CONNECTION WITH JS Services (INCLUDING ITS MODIFICATION OR
TERMINATION), INCLUDING JS, JS Services, CONTENT, YOUR ACCOUNT (INCLUDING ITS
TERMINATION OR SUSPENSION) OR THIS AGREEMENT, MLAs OR MPLA WHETHER OR NOT
MUSICSHAKE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD
OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN ADDITION, IN NO EVENT WILL JS CUMULATIVE LIABILITY TO YOU FOR DIRECT
DAMAGES OF ANY KIND OR NATURE EXCEED TWENTY DOLLARS (US$20.00). SOME
JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO TO THE
EXTENT THAT ANY SUCH LIMITATION IS IMPERMISSIBLE, SUCH LIMITATION MAY NOT
APPLY TO YOU. YOU AGREE THAT MUSICSHAKE CANNOT BE HELD RESPONSIBLE OR
LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING OR SUBSCRIBING
TO JS Services.
Indemnity
You agree to defend, indemnify and
hold harmless JS, its parent, subsidiaries, officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to JS Services;
(ii) your violation of any term of this Agreement, MLAs, and the MPLA;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; (iv) any claim that any
of your submitted content caused damage to a third party, or (v) your
actions caused loss of content. This defense and indemnification obligation
will survive this Agreement and your use of JS Services.
General Provisions
JS makes no representation that any
aspect of JS Services is appropriate or available for use in jurisdictions
outside of the United States. Those who choose to access JS Services from
other locations are responsible for compliance with applicable local laws.
JS failure to act with respect to a
breach by you or others does not waive JS right to act with respect to that
breach or subsequent or similar breaches. No consent or waiver by JS under
this Agreement shall be deemed effective unless delivered in a writing
signed by a duly appointed officer of JS. All or any of JS rights and
obligations under this Agreement may be assigned to a subsequent owner or
operator of JS Services in a merger, acquisition or sale of all or
substantially all of JS assets. You may not assign or transfer this
Agreement or any or all of your rights hereunder without the prior written
consent of JS, and any attempt to do so is void. Notwithstanding anything
else in this Agreement, no default, delay or failure to perform on the part
of JS shall be considered a breach of this Agreement if such default,
delay or failure to perform is shown to be due to causes beyond the reasonable
control of JS.
You will resolve any claim, cause of
action or dispute ("Claim") you have with JS arising out of or
relating to this User Agreement, MLAs, and MPLA, and any other
supplemental agreements between you and JS exclusively in a state or federal
court located in Dallas County, Texas. The laws of the State of Texas will
govern this Agreement, as well as any claim that might arise between
you and JS, without regard to conflict of law provisions. You agree to
submit to the personal jurisdiction of the courts located in Dallas County, Texas
for the purpose of litigating all such claims.
This Agreement sets forth the entire
understanding and agreement between you and JS with respect to the subject
matter hereof. The section headings used herein, including descriptive
summary sentences at the start of each section, are for convenience only and
shall not affect the interpretation of this Agreement. If any provision of
this Agreement shall be held by a court of competent jurisdiction to be unlawful, void,
or for any reason unenforceable, then in such jurisdiction that provision shall
be deemed severable from these terms and shall not affect the validity and
enforceability of the remaining provisions.
JS may give notice to you by means of
a general notice on our website, after log-in to your Account, by electronic
mail to your email address in our records for your Account, or by written
communication sent by first class mail, postage prepaid, or overnight courier
to your address on record for your Account. All notices given by you or
required under this Agreement shall be emailed to info@jamstudio.com.