GENERAL TERMS AND CONDITIONS OF
USE
December 6,
2007
JAMENDO is a service operated by the company
JAMENDO SA
66 rue de Luxembourg
4221 ESCH – SUR – ALZETTE
Luxembourg
JAMENDO services are accessible at the address www.jamendo.com, hosted
by JAMENDO SA.
JAMENDO is an on-line platform that distributes musical works under
Creative Commons licenses.
Therefore, JAMENDO’s purpose is not to furnish access to an
Internet network, or to provide an electronic communication service to
the public.
Please read these Terms and Conditions of Use carefully: By using
JAMENDO and by becoming a member of JAMENDO, you commit to comply with
them in all respects.
JAMENDO may change these Terms and Conditions of Use at any time.
You will be advised of the type of modifications that are made once
they are on line. Said modifications will be in effect one
month after their publication on the site. The General Terms
and Conditions were revised as of December 6, 2007.
Article 1. DEFINITIONS
ARTIST designates an owner or the representative of an owner
of copyrights and/or related rights in the Works.
TERMS AND CONDITIONS OF USE: designates these Terms and Conditions,
which the Member has accepted upon his registration, as well as any
future modifications.
ILLICIT CONTENT designates any content (text, voice, image,
sound, etc.) of such a nature as to infringe on any recognized rights
of third parties (whether they are natural persons, legal entities,
groups or community…) regardless of the applicable
legislation. Any content that might infringe on literary or artistic
property rights or strictly personal rights, as well as any content
that might constitute an apologia for war crimes, crimes against
humanity and, more generally, any form of discrimination against one or
more categories of persons is particularly deemed to be illicit
content.
JAMENDO designates a range of Services offered to the Members free of
charge on the www.jamendo.com Site.
FREE DISTRIBUTION LICENSE designates the licenses,
particularly those of Creative Commons, available and described on
the http://creativecommons.org/ site, and approved by
Creative Commons.
MEMBER designates one or all of the Users, whose registration for the
Services proposed by JAMENDO has been validated and confirmed.
USER designates any person using the JAMENDO service.
WORK (S) designates the musical works provided to Users. A
free distribution license – for example CC –
determines the modes for the exploitation of each Work.
PROFILE designates the Member’s personal web page,
which contains a number of informational items regarding this Member
that he or she may supplement as needed.
SERVICES designates all of the Services made available to the
Users of JAMENDO.
Article 2. REGISTRATION
2.1 Modes
A person who desires to have access to and use the services offered by
JAMENDO may be registered and identified as a Member.
By ticking off the box “I have read the terms and conditions
of JAMENDO service, and I accept them”, you acknowledge being
informed of the content of these Terms and Conditions and you commit to
comply therewith.
For proper registration with JAMENDO, you must fill out all of the
mandatory spaces required in the registration form.
This registration gives you access to your Profile and to all JAMENDO
Services.
2.2 Use of identifier and password
The identifier and password are strictly private, and under no
circumstance will they be shared with or communicated to third parties.
This identifier and password permit you to access the Services offered
by JAMENDO, as well as to your Private Profile.
The items of identification are placed under the responsibility of each
Member, who must use them in accordance with these Terms and Conditions
of Use.
Each Member guarantees JAMENDO against any wrongful use of, and/or
source of injury from, his items of identification, whether or not
fraudulent, due to his own acts or omissions or to those of third
parties. JAMENDO states that it is not required, and does not
have the technical means, to verify the identity of persons subscribing
to its Services. JAMENDO disclaims all liability in the event of
usurpation of elements of Members’ identification and/or
identity.
If a Member becomes aware of or suspects a fraudulent use, he must
immediately advise JAMENDO by sending an e-mail to contact@jamendo.com
Article 3. USE OF SERVICES
JAMENDO gives access to a number of services, some of which may be
reserved only for Members:
Listening to Works by streaming or downloading them;
Constitution and management of play lists;
Choice of widgets to export the music to other web pages;
Private messaging with the other Members of JAMENDO;
Discussion forums;
The ability to express your Opinion regarding the Works.
3.1 Technical information
The Works can be downloaded in the mp3 or OGG Vorbis format.
The downloading of Works may require use of third party software.
JAMENDO cannot ensure that the site will function without interruption
and errors or that access to Services will be guaranteed, particularly
in the following cases:
- faulty use of the Site due to unsuited equipment ;
- malfunctioning imputable to your Internet service provider;
- footprint of the Internet network.
JAMENDO may temporarily suspend exploitation of Services in order to
improve them or carry out maintenance operations.
If the situation permits, JAMENDO will make every possible effort to
inform you in advance.
3.2 Obligations of the User
JAMENDO is a distributor of musical works that offers you various
services such as discussion forums and an internal messaging service.
To use JAMENDO services, you are required to accept the terms and
conditions thereof. Otherwise, you cannot use them.
You accept the terms and conditions of use:
Either, upon your registration, by ticking off the box “I
read the terms and conditions of JAMENDO service, and I accept
them”, thereby acknowledging that you are aware of the
content of these Terms and Conditions and commit to comply therewith
Or by using JAMENDO services.
3.2.1 Use of Works
Each Work is made available to Users pursuant to a Creative Commons
license identified by an icon. By clicking on that icon, you will know
the conditions under which the ARTIST and JAMENDO authorize you to use
his Work.
You commit to strictly comply with the terms and conditions of use and,
more generally, to refrain from infringing on the ARTISTS’
intellectual property rights.
If you think that a Work might be a plagiarism or an obvious forgery of
another work, whether or not provided by JAMENDO, you commit to refer
such matters to JAMENDO by sending an e-mail to contact@jamendo.com.
3.2.2 Use of discussion forums and internal messaging service
In general, you commit to post reasonable remarks and to behave in an
upright manner vis-à-vis JAMENDO, its partners, and all of
the Members.
You also commit to comply with the intellectual property rights related
to the Content to which you have access when using the Services.
You agree that any text, information, data, hypertext link, music,
photograph, drawing, video, message, tag or any other materials
transmitted in your Profile and/or during your exchanges within the
forums or on the messaging service are distributed to the Members under
your own responsibility.
In the context of the forum or internal messaging service, all subjects
may be freely broached and discussed; but the exchanges must be
reasonable.
You therefore commit to conduct yourself in a reasonable and respectful
way and, most particularly, to refrain from:
posting, imitating, indicating or distributing in any form information
that may directly or indirectly harm any third party (natural person,
legal entity or group of persons) ;
issuing, distributing or passing on information of such a nature as to
be slanderous, insulting, obscene, immoral, offensive, violent or
provocative of any form of political, racist or xenophobic
violence (physical, verbal or moral)and, more generally, in violation
of the laws in effect;
distributing any personal information and/or Content regarding a Member
or any third party without his or her express consent ;
posting, distributing or passing on any content in whole or in part,
whether alone, integrated or in association with other Content, that
infringes on the intellectual property rights of its author and/or
successors-in-title;
posting, distributing or passing on information or Content, or using
technologies of such a nature as to diminish, disorganize and/or
prevent the normal circulation of Services, such as software, viruses,
repetitious sending of messages….
You commit to advise JAMENDO of the presence of any remark, message,
Content and/or hypertext link that does not meet the aforesaid
requirements by sending an e-mail to contact@jamendo.com.
You have the right to access, modify, change or delete your data. You
may request that your contributions to the forums be eliminated by
sending an e-mail to contact@jamendo.com.
3.3 Links and Content
Content at your disposal may include hypertext links to websites other
than the JAMENDO site or to other Internet sources.
As JAMENDO cannot exert control over all of these sites, it disclaims
all liability for the nature and/or use of the Content thereof.
If you desire to use the content of these sites, you must take
cognizance of the terms and conditions of use thereof.
3.4 Private blogs and pages
JAMENDO confers on you the right to insert in your blog or private
pages a software application comprised of a code, widget or player, for
the reading of one or more Works.
In addition to the fact that said insertion and the terms and
conditions for distribution of Works must be in conformity with the
provisions of the designated Creative Commons licenses and the present
Terms and Conditions, they must also be in conformity with the
recommendations of your blog host.
You guarantee JAMENDO against, and hold it harmless from, any recourse
of any third party regarding any complaint and/or action related to the
insertion and/or distribution of Works.
Article 4. PRIVACY AND
PROTECTION OF MEMBER’S DATA
This site has been subject to a declaration with the national
Commission for Data Protection dated 25 /08 /2005.
Collected data may be retained for one year after your latest
connection.
You alone decide whether to provide Members with information regarding
your privacy in the forums, or information that you give with respect
to your Profile, in compliance with the rules set forth in the
foregoing article.
If the use of said information by third parties is injurious to you,
you may not hold JAMENDO liable in that regard.
Article 5. GIFTS
As a Member, you may support an Artist by giving him a gift.
You may address this gift directly through your Paypal Account.
JAMENDO guarantees you that, as management expenses, it will receive
only a fixed amount per gift, regardless of the value thereof.
In any event, the amount of the gift shall be paid in the
Artist’s Paypal account, after deduction of any expenses.
You agree that the amount of your gift and the name of the ARTIST to
whom you send it may be published on the Site.
Article 6. INTELLECTUAL PROPRIETY
Except for elements of intellectual property related to the Works,
JAMENDO alone is the owner of the intellectual property rights in the
trademarks, patents, logos, graphics, photographs and animations
contained in the Site, which elements cannot be reproduced without the
express authorization of JAMENDO and/or its partners.
In that regard, JAMENDO grants you a license that is strictly limited
for access, downloading, printing, reproduction on all media and
utilization of the aforesaid elements for your private use, in the
context and for the period of your registration in the Services.
By remitting Content of any nature whatsoever to JAMENDO, you grant it
a license for distribution thereof on the site to the other Members.
Hence, you authorize JAMENDO to reproduce, represent, translate,
digitize and use all of the Content and information that you provided
in the Services, whether or not for advertising and
commercial purposes.
You also authorize JAMENDO to grant all of these rights to any third
parties or partners, which they shall exercise pursuant to these Terms
and Conditions of Use.
You further authorize JAMENDO to modify said Content in order to adapt
it to the Services’ graphics.
Article 7. LIABILITY
In the event of failure to comply with any of the obligations specified
herein, JAMENDO may, without prior notice, close your account and block
access to your Private Space. JAMENDO may also initiate legal actions
against you.
In the event of a claim, complaint or legal action due to the
Members’ acts or omissions that directly or indirectly
contravene these terms and conditions of use, JAMENDO may pursue the
liability of the Member (s) who is the source thereof.
You have been informed, and have declared your agreement, that the
information and Content that you put on line will be made available to
other Members, who may make use thereof pursuant to the Terms and
Conditions of Use.
If you consider that said information and/or Content is distributed in
a way that does not comply with the General Terms and Conditions, you
cannot pursue JAMENDO for not initiating a legal action against the
Member and/or any person who, in your opinion, is responsible for this
nonconforming distribution.
Article 8. APPLICABLE LAW
These terms and conditions of use are governed by the laws of
Luxembourg.
Any dispute regarding their construction or departure there from shall
be submitted to the competent courts of Luxembourg.
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