TERMS OF USE - JAMENDO


JAMENDO is a service provided by:


JAMENDO S.A
76, Avenue de la Liberté
L-1930 LUXEMBOURG
LUXEMBOURG
Phone: +352 26 53 421
Email: contact@jamendo.com
RCS No.: B0104301
VAT No.: LU22234927

hereinafter "JAMENDO".


The services provided by JAMENDO can be found on www.jamendo.com and are hosted by Jamendo S.A. and its service providers, Broadcasting Center Europe (www.bce.lu) and Radionomy (www.radionomy.com).

JAMENDO is a platform for the online distribution of musical works providing services for artists, users and companies. JAMENDO does not act as an Internet access provider or as an electronic public communications service.

These Terms of Use govern the use of the JAMENDO Services. By using JAMENDO Services, whether or not they require a registration, you agree to be bound by these Terms of Use.

These Terms of Use were updated on February 21, 2013.


CLAUSE 1. DEFINITIONS


ALBUM: shall mean a set of Works published by the Artist on JAMENDO.

ARTIST: shall mean a Member who published the Works on JAMENDO and who is the sole owner of the rights, or represent all owners of rights on Works published.

ARTIST ACCOUNT: shall mean the Artist's personal webpage that can be accessed after having published his/her Works through which the Artist has access to an interface, the Artist's Remuneration Account if the Artist has registered for JAMENDO PRO Programs and information relating to the management of his Works and his personal data.


CERTIFICATE: shall mean the declaration completed and signed by the Artist that may be requested at the time the Works are uploaded on JAMENDO in which the Artist reiterates some of the obligations enumerated in these Terms of Use.


ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any recognised third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any intellectual property rights, personality rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.


JAMENDO or SERVICES: shall mean the collection of services available free of charge, on website and mobile devices, on www.jamendo.com.


JAMENDO PRO: shall mean the service enabling Artists to become involved in commercial Programs and/or promotional operations through partners that may or may not remunerate Artists.


LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org/ website), or any other license allowing a similar distribution of the Works, proposed by JAMENDO to the Artists for the distribution of their Works.

MATERIAL: shall mean all documents of any kind (lyrics, album covers, photographs, drawings, biographies etc.) to be used for the online distribution and promotion of the Works.


MEMBER: shall mean one or all of the Users and Artists whose registration for the Services offered by JAMENDO has been validated and confirmed.

TERMS OF USE: shall mean these Terms as well as any future amendments.


USER ACCOUNT or PROFILE: shall mean the personal webpage to which the Member can access using an user name and a password after registering on JAMENDO, and containing information related to his registration and personal data he provided.


USER or YOU: shall mean any person accessing JAMENDO's Services.


WORK(S): shall mean the musical works made available to Users by Member Artists.


CLAUSE 2. REGISTRATION


JAMENDO gives access to many services which may be restricted to registered Members.


2.1 - How to register


The use of some Services offered by JAMENDO may require to register and provide information by filling a form to allow User identification.
The Member commits to provide JAMENDO with correct and comprehensive information and maintain up-to-date information by using the User Account, to which registration gives access.

2.2 - Use of username and password


A username and password give access to Services restricted to Members, as well as to the User Account. The username and password are strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
Members are personally responsible for their identification details and must use them in accordance with the provisions of these Terms of Use.

Each Member shall hold JAMENDO harmless from and against any wrongful use of the Member's identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the Member's own acts or omissions, or those of a third party. Please note that JAMENDO is not required and does not have the necessary technical resources to verify the real identity of persons registering for its Services. JAMENDO may not be held liable in the event of a theft of identification details and/or the identity of one of its Members.

If a Member notices or suspects any fraudulent use of his User Account, said Member must immediately inform JAMENDO by sending an e-mail to legal@jamendo.com.


CLAUSE 3. USE OF SERVICES


3.1 - Artist Account creation

Registered Members may create one or more Artist profile by going on http://artists.jamendo.com and providing the requested information in the Artist profile creation form.
The Member commits to provide correct and comprehensive information and maintain up-to-date information by using the Artist Account, to which the Artist profile creation gives access.

3.1.1 - Works publication and withdrawal by Artists

Artists shall publish their Works directly online through their Artist Account by clicking on "Upload your music".
For each publication, the Artist commits to fill in the requested information sheet by specifying for each Work and each Album, notably the real name of all right holders and the License selected.
The Artist is responsible for providing JAMENDO PRO at the same time as the Works with the Materials that may be used for the distribution and promotion of the Works.

The Artist may withdraw all or part of his Works at any time, through his Artist Account.
In any case, the Artist represents that he has been informed and accepts that any Works that have been downloaded by Users or any third party authorised by JAMENDO prior to their withdrawal from the Services may continue to be distributed, shared and reproduced by any means. The Artist represents that he will hold JAMENDO harmless from and against any third-party claims in this respect.

3.1.2 - License selection

Artists shall select a License when they publish their Works and Materials on JAMENDO, for each Work or for an entire Album. Depending on the License chosen, Users may benefit from more or less extensive rights on the Work and the Materials.

3.1.3 - Rights granted to JAMENDO


The Artist grants JAMENDO, for the duration the Work is online, the worldwide, royalty free and non-exclusive rights to:

  • reproduce and have reproduced, fix and have fixed on any media, publish and have published, broadcast and have broadcast, distribute and have distributed or transfer in any format, the Works and the Materials provided by the Artist;
  • adapt the Works and the Materials in any format to meet JAMENDO's or its partners' requirements;
  • use the Works and the Materials on any media to promote the Artist and JAMENDO;
  • monetize the JAMENDO's services by inserting advertisement that may or may not remunerate Artists.


3.1.4 - Member Artist obligations

The Artist guarantees that he is the sole right holder on the Work or that he officially represents and has the capacity to commit in the name of all right holders on the Work.

The Artist also guarantees, or guarantees on behalf of the right holders he represents, that he holds sufficient rights on the Work and that he is not bound, in any possible way, to any public or private entity, and especially but not limited to, that he is not a member nor contractually bound to any collecting society in the world, nor any entity performing the same duty, any private company and notably distributing company, broadcaster, producer or label, in a manner that would restrict his right to grant to JAMENDO or its Users, the rights and Licenses provided for by these Terms of Use.

The Artist commits, or commits on behalf of the right holders he represents, not to violate these Terms of Use and notably the obligations enumerated in the current Clause, for the duration of Works being on JAMENDO, and not act in any manner which may conflict with rights acquired by third parties, notably JAMENDO's Users, which may continue after an eventual withdrawal of the Works from JAMENDO.

The Artist guarantees JAMENDO, from and against any claim which may result from the violation of the obligations enumerated in the current Clause.

The Artist commits not to promote competitors from JAMENDO or JAMENDO PRO on the Services including, but not limited to, Artists' profiles, Albums' page, Works' pages, forums, chatting area, and pages dedicated to JAMENDO or JAMENDO PRO on third parties services (notably social networks).

JAMENDO may request the Artist to complete and sign a Certificate at the time the Works are uploaded in which he reiterates some of the obligations enumerated in the current Clause and in these Terms of Use.

3.2 - Technical Information


The Works may be downloaded in MP3 format and may be offered in different formats from time to time depending on the evolution of the Services.
Third-party software may be required for the downloading of the Works.

JAMENDO does not warrant that the Services will operate without interruption or error, nor that access to the Services will be granted at all times, in particular in the following situations:

  • faulty use of the Services owing to unsuitable equipment;
  • malfunctions caused by Your Internet service provider;
  • Internet network congestion.

JAMENDO may temporarily suspend the operation of the Services in order to implement improvements or perform maintenance and will use best endeavours to give You advance notice of any suspension.


3.3 - User obligations


3.3.1 - Use of Artists' Works


Each Work is made available to Users under one of the Licenses offered by JAMENDO. The chosen License is indicated on the page dedicated to each Work by an icon or any other mean. By clicking on this icon, You can find information about the terms and conditions on which the Artist and JAMENDO allow You to use the Work.

You commit to use the Work in conformity to these Terms of Use and the License under which the Work has been published, and more generally, not to infringe any intellectual property rights held by Artists.

JAMENDO offers the possibility for Artists and Users to insert on their blogs, personal websites, social networks profiles and more generally any website, a software composed of a code, a Widget and a player allowing one or more Works to be played. This insertion, and the way in which the Works are distributed, must comply with the provisions of the Licenses and these Terms of Use. Additionally, they must also comply with the guidelines of Your hosting company. You agree to hold JAMENDO harmless from and against any claims by any third party in relation to any complaint and/or action regarding the insertion and/or distribution of the Works.


3.3.2 - Use of JAMENDO services


You undertake not to post inappropriate or abusive content and to act loyally towards JAMENDO, its partners and all Users.

Accordingly, You undertake to refrain from publishing, by any mean, any content or information, in any form whatsoever:

  • that may directly or indirectly harm any third party (natural person, legal person or group of persons);
  • that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence (whether physical, verbal or psychological violence), and more generally that violates the laws in force;
  • having the nature of personal information concerning a Member or any third party without said person's express consent;
  • that infringes the intellectual property rights of their authors and/or other right holders, whether alone or incorporated into or in association with any other content;
  • and not using technologies of such a nature as to reduce, disrupt and/or prevent the normal operation of the Services;

You also undertake not to infringe the intellectual property rights of the content to which You have access when using the Services.

You agree that You are solely liable for the distribution of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other Materials through the Services.

In the event of a failure by a User to comply with any of the obligations provided for in these Terms of Use, JAMENDO may, without any prior warning, take any measure and notably shut down the User Account. Furthermore, JAMENDO may bring legal proceedings against the User.

In the event of a claim, complaint or proceedings arising out of wrongful conduct by a User or Member that directly or indirectly breach the provisions of these Terms of Use, JAMENDO may take action against the User or Member whose acts gave rise to the claim, complaint or proceedings.



CLAUSE 4. PRIVACY AND PROTECTION OF PERSONAL DATA

JAMENDO's Services were registered with the Luxembourg Data Protection Commission on 11 June 2009.

Any data collected may be stored for one (1) year after Your last connection. You have the right to access, modify and rectify, as well as delete Your personal data. You can exercise these rights at any time by sending an e-mail to: legal@jamendo.com.

Solely for the purpose of managing identities with our partners, JAMENDO may be required to transfer Your personal data to said partners.

You are solely liable for communicating Your personal data to third parties. JAMENDO may not be held liable for the use of Your personal data resulting from said communication.

CLAUSE 5. DONATIONS


Users can support Artists by making donations using the payment service provided by JAMENDO and notably Paypal. By using this service, you are subject to this service's terms of use and JAMENDO may not be held liable for said use.
The Artist shall provide the required information in his Artist Account and notably his Paypal account name in order to receive the donations.


CLAUSE 6. INTELLECTUAL PROPERTY


Apart from the intellectual property rights regarding the Works, JAMENDO is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Services. They may not be reproduced without JAMENDO's express consent.

JAMENDO hereby grants You a license to use them, strictly limited to accessing, downloading, reproducing on any digital media and use them, for private and personal purposes only, within the framework of Your use of the Services and for such time as You are registered for the Services.

When providing JAMENDO with content, of any kind whatsoever, excepts for Works which are subject to a specific treatment in these Terms of Use, You grant JAMENDO a worldwide, royalty free license for the duration of the publication of said contents. This license authorizes JAMENDO to reproduce, display, translate, digitize and use for advertising, commercial or non-commercial purposes, modify and adapt all of the contents for its Services. JAMENDO is also authorized to grant all of these rights to any third party or to any partners, for the exercise of these rights in accordance with the provisions of these Terms of Use.


CLAUSE 7. LIABILITY


7.1 - JAMENDO's responsibility

JAMENDO may not be held liable neither regarding third party content and services described in paragraph 7.2, nor for the content published on Services by Users, without a prior notification.

JAMENDO have no general obligation to monitor content transferred or stored via its Services. If you find or consider that content on JAMENDO is manifestly illegal or violate these Terms of Use you can send a notification by e-mail to legal@jamendo.com or click on the link “Report abuse or copyrighted content” located on Works' pages. You may also consult the page “Report Abuse” in which you will find more information about the procedure to respect in order to report an abuse.

JAMENDO may not be held liable in case of any damages, direct or incidental, including but not limited to profit or customers loss, loss of data or information stored on the Services, all Users being advised to store a backup copy of all their data and contents stored on the Services.

7.2 - Services and contents provided by third parties

JAMENDO's Services may include links to other websites, and services and contents provided by third parties, including but not limited to social networks sharing buttons (for example Twitter and Facebook). JAMENDO does not have the control on these services and contents nor on websites accessible by said links.
JAMENDO's liability may not be held for the use of these materials provided by third parties. By using these services, You accept to be subject to the service's terms of use and/or privacy policy.


CLAUSE 8. TERMS OF USE MODIFICATION


JAMENDO may modify these Terms of Use at any time. Unregistered Users shall refer to the latest version available on JAMENDO's website. Registered Members will be informed of the modifications through their User Account or through a newsletter.
Without manifestation by the User of his will to unregister from JAMENDO, the new version of the Terms of Use shall be considered as tacitly accepted fifteen (15) days after the notification to the User by JAMENDO of the existence of a new version.


CLAUSE 9. SEVERABILITY


In the event that one of the Clauses of the Terms of Use is held to be invalid, the parties hereby agree that the other Clauses of the Terms of Use shall remain valid and that the Terms of Use will remain in full force and effect.


CLAUSE 10. APPLICABLE LAW

These Terms of Use are governed by the laws of Luxembourg.
Any dispute relating to their interpretation shall be referred to the Luxembourgish jurisdictions excluding any other competent jurisdiction.

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