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STANDARD TERMS OF USE

JAMENDO

Updated on 21 June 2011

Jamendo is a service provided by:
JAMENDO S.A.
76 Avenue de la Liberté
L-1930 Luxembourg
Luxembourg


The services provided by Jamendo can be found on www.jamendo.com, a website hosted by Jamendo S.A. and its service provider, Broadcasting Center Europe: www.bce.lu

Jamendo is a platform for the online distribution of musical works under Creative Commons licences.

Accordingly, Jamendo has not been created to provide access to the Internet network, nor as an electronic public communications service.

Please read these Standard Terms of Use carefully. The laws of Luxembourg shall apply to these Standard Terms of Use, and they have been drafted to govern the use of the Jamendo website: by using Jamendo and/or becoming a Member, You undertake to comply with these Terms. By accessing and/or using the website, You automatically, expressly and unconditionally accept these Terms.

Jamendo may amend these Terms of Use at any time.
You will be informed by Newsletter of the nature of these amendments when they are posted online.

These Terms of Use were updated on 21 June 2011.


Clause 1 DEFINITIONS

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

ARTIST: shall mean the holder or the representative of the holder of the copyright and/or related rights in the Works published on Jamendo.

CERTIFICATE: shall mean the declaration dated and signed by the Artist at the time the Works are uploaded onto Jamendo.com in which the Artist warrants firstly, that he/she holds the rights in the Works provided to Jamendo.com and secondly, that he/she is not a member of any performance rights organisations (covering copyright and related rights). In the event that the Works have been written and/or composed by other writers and/or composers, the Artist represents that he/she has obtained their consent prior to the provision of the Works to Jamendo and warrants that they are not members of any performance rights organisations (covering copyright and related rights). This certificate can be downloaded from Your Artist Account.

ARTIST ACCOUNT: shall mean the Artist's personal webpage that can be accessed by the Artist using the personal username and password assigned when registering on Jamendo.com - and after having published his/her Works on said website - through which the Artist has access to:

- the Interface

- the Artist's Remuneration Account if the Artist has registered for Jamendo Programmes

- information relating to the management of his/her Works and his/her personal information.

TERMS OF USE: shall mean these Terms, which are automatically accepted by Users when they access the website, and by Members when they register, as well as any future amendments.

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 literary or artistic 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.COM: shall mean the collection of Services available to Members free of charge on the www.jamendo.com Website

JAMENDO PRO: shall mean the service enabling Artists to become involved in Commercial Programmes that may or may not remunerate Artists, and/or to use Commercial Partners for unremunerated services aimed at promoting Artists.

FREE DISTRIBUTION LICENCE: shall mean the Creative Commons licences, described on the http://creativecommons.org/ website and approved by Creative Commons. In order for the Works to be distributed by Jamendo, the Artist must select one of the licences proposed for each Work or for each Album.

If agreements are reached setting up new licences for the free distribution of works, the Artist will be informed of these new licences in the Newsletters sent to the Artist, or information on the new licences will be posted in the Artist Account. In such circumstances, Artists may decide whether they wish to apply a new licence to all or to one or more of their 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.

USER or YOU: shall mean any person accessing Jamendo's website.

WORK(S): shall mean the musical works made available to Users by Member Artists. The free distribution licence, selected by the Artist, shall determine the ways in which each Work can be exploited.

PROFILE or USER ACCOUNT: shall mean the Member's personal webpage containing various pieces of information about the Member, which the Member can add to as and when required.

SERVICES: shall mean all Services accessible to Users and Members of Jamendo.

CLAUSE 2. REGISTRATION

2.1 How to register

Any person wishing to access and use all the Services offered by Jamendo may register and be identified as a Member.
By ticking the box "I have read and understood, and accept the terms and conditions governing the Jamendo service" in the application form, You acknowledge that You have been informed of the content of these Terms and You undertake to comply with them.

In order to complete a valid registration with Jamendo, You must provide all the compulsory information requested in the registration form. Without this information, Your registration cannot be validated.

The Artist shall be responsible for informing Jamendo of any changes to the Artist's contact details, through his/her Interface.

Registration gives You access to Your Profile and all of the Services provided by Jamendo.

2.2 Use of username and password

Your username and password are strictly personal, and should not under any circumstances be shared with or disclosed to third parties.

Your username and password give You access to the Services offered by Jamendo, as well as to Your Personal Profile.

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 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, said Member must immediately inform Jamendo by e-mail sent to legal@jamendo.com.

In the event that the source of this fraudulent use proves to be a Jamendo Member, said Member's account will be shut down as soon as Jamendo has concrete knowledge of the fraudulent use.

CLAUSE 3. USE OF SERVICES

Jamendo offers various services, some of which are only available to Members:

• publishing of Works under Creative Commons Licences

• listening to Works by streaming or downloading

• creation and management of playlists

• exporting music to other web pages using html codes or scripts (Javascript, Flash etc.)

• private messaging service with other Jamendo Members

• forum discussions

• opportunity to give Your opinion on the Works

3.1 Provision of the Works by Member Artists

Artists shall provide their Works directly online through the "Upload your music" section on www.jamendo.com.

For each Album provided, the Artist may fill in the Information Sheet on the Interface by specifying for each Work:

• the name of any other rights holders

• the Licence selected.

Artists may withdraw all or part of their Works at any time, through their Artist Account.

In any case, the Artist represents that he/she 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 Website may continue to be distributed, shared and reproduced through the Platforms and P2P networks and more generally, on the Web, after their withdrawal has been requested. The Artist represents that he/she will hold Jamendo harmless from and against any third-party claims in this respect.

3.1.1 Licence selection

Artists shall select a licence when they publish their Works on Jamendo.

The extent to which Jamendo may distribute the Work will depend on the type of Licence selected.

3.1.2 Rights granted to Jamendo

Regardless of the type of Licence selected by the Artist, the Artist grants Jamendo the non-exclusive worldwide 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 provided by the Artist

- adapt the Works in any Format, both to meet Jamendo's specific and technical requirements and, in particular, to enable them to be shared on P2P platforms

- use the Works to promote the Artist and Jamendo

3.1.3 Member Artist obligations

The Artist shall provide Jamendo with a certificate confirming that the Artist is the sole holder of rights or that he/she officially represents all holders of rights in the Work provided by the Artist to Jamendo. Accordingly, the Artist holds Jamendo harmless from and against any claims in this respect. The Artist shall provide the information required (Surname, First Name, Address, Date and Place Of Birth) in the form provided for this purpose in the Admin Panel of his/her Artist Account.

The artist must also certify that he/she is not a member of any performance rights organisation. In the event that this certification turns out to be false, Jamendo reserves the right to require the Artist to reimburse in full any sums that Jamendo may be required to pay on account of this false declaration.

The Artist undertakes, on his/her own behalf and where applicable, on behalf of the other rights holders that he/she represents, not to exclusively and/or retroactively entrust the royalties for the Works provided to Jamendo.com to any performance rights organisation (copyright and related rights) from the moment that the Artist is registered on Jamendo.

The Artist undertakes to account for and not to violate these Terms of Use when entering into any agreement with third parties.

3.2 Technical Information

The Works may be downloaded in the MP3 or OGG Vorbis format.

Third-party software may be required for the downloading of the Works.

Jamendo does not warrant that the website 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 Website 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 effect maintenance.

Where possible, Jamendo will endeavour to give You advance notice of any suspension.

3.3 User obligations

Jamendo is a distribution service for musical Works that offers You various services, including discussion forums and an internal messaging service.

When You use Jamendo Services, You automatically accept the Terms of Use.

3.3.1 Use of Artists' Works

Each Work is made available to Users under a Creative Commons licence, identified by an icon. By clicking on the icon, You can find information about the terms and conditions on which the Artist and Jamendo allow You to use the Artist's Work.

You undertake to strictly comply with the Terms of Use described, and more generally, not to infringe any intellectual property rights held by Artists. Failing this, Your account will be immediately shut down as soon as Jamendo is aware of Your failure to comply with this undertaking.
If You think that a Work may be a plagiarism or a clear infringement of another work, whether or not made available by Jamendo, You can inform Jamendo by sending an e-mail to legal@jamendo.com, or by clicking on the "report abuse” link on the Work's webpage. Jamendo will block the Artist's Account as soon as it has concrete knowledge of this.

3.3.2 Use of discussion forums and internal messaging service

As a general rule, You undertake not to post inappropriate or abusive content and to act loyally towards Jamendo, its partners and all Members.

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 to any other Members of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other material transferred in Your Profile and/or within the context of Your discussions in forums or using the messaging service.

As regards the forum and the Jamendo messaging service, all subjects may be freely brought up and discussed; however, all discussions are moderated.

Accordingly, You undertake to act in a reasonable and respectful way, and more specifically, You agree to refrain from:

- posting, stating, miming, indicating or distributing in any form whatsoever, information that may directly or indirectly harm any third party (natural person, legal person or group of persons)
- issuing, distributing or relaying any speech, comments and/or Content 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
- distributing any kind of personal information and/or Content about a Member or any third party without said person's express consent
- posting, distributing or relaying any content, whether in whole or in part, and whether alone or incorporated into or in association with other Content, where this use infringes the intellectual property rights of their authors and/or other rights holders
- posting, distributing or relaying information or Content, or using technologies of such a nature as to reduce, disrupt, reduce and/or prevent the normal operation of the Services, such as software, viruses, repeated sending of messages etc.
In the event that You publish any such messages, You may be personally prosecuted for the unlawful content (and receive a prison sentence or a fine), and You may also be ordered to pay damages. Furthermore, Your Content will be removed and Your Account will be shut down.

You undertake to inform Jamendo of the presence of any comments, messages, Content and/or hypertext links that fail to meet the requirements specified above by sending an e-mail to legal@jamendo.com. In its capacity as the hosting company, Jamendo is required to take action against the illegal content defined in the "Report Abuse" section. Jamendo will delete this illegal content as soon as it has concrete knowledge of this content.

You have the right to access, modify and rectify, as well as delete, any of Your personal data. You can require that Your contributions to forums be deleted at any time, by sending an e-mail to: legal@jamendo.com.

3.3.3 Links and content

Content made available to You may include hypertext links to websites other than the Jamendo website, or to other Internet sources.

In its capacity as the hosting company, Jamendo cannot monitor all of these sites, and accordingly disclaims all liability regarding the nature and/or use of the content of these sites.

If You wish to use the content of these sites, You must read their Terms of Use.

3.4 Blogs and personal pages

As part of the Services offered by Jamendo, You can insert a software application composed of a code, a Widget and a player into Your blog or Your personal pages, 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 applicable Creative Commons licences 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.


CLAUSE 4. PRIVACY AND PROTECTION OF MEMBER DATA

This site was 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.

Solely for the purpose of managing identities with our partners, we are required to disclose Your personal data to said partners.

You alone can decide whether to provide Members with personal information about Yourself in forums and what information to publish on Your Profile, provided that the rules specified in the foregoing clause are complied with.

Should the use of this information by third parties cause You to sustain a loss, Jamendo may not be held liable for this loss.

CLAUSE 5. DONATIONS

Members can support Artists by making donations.

Donations may be made directly via Paypal Account.

In all cases, the amount of the donation will be paid to the Artist, after having deducted any transaction fees.

You agree to the amount of Your donation and the name of the relevant Artist being published on the Website.

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 Website.

They may not be reproduced without Jamendo's and/or its partners' express consent.

Jamendo hereby grants You a licence to use them, strictly limited to accessing, downloading, printing out and reproduction on any media and their use, for private and personal purposes only, within the framework of Your registration for the Services and for such time as You are registered for the Services.

When providing Jamendo with Content, of any kind whatsoever, You automatically grant Jamendo a licence to use it for the purposes of distributing this Content on the Website to other Members.

Accordingly, You authorise Jamendo to reproduce, display, translate, digitise and use for advertising, commercial or non-commercial purposes, all of the Content and information that You have contributed on the Services.

You also authorise Jamendo 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.

Moreover, You also authorise Jamendo to modify said Content in order to adapt it to the requirements of the style guide for the Services.

CLAUSE 7. LIABILITY

In the event of a failure to comply with any one of the obligations provided for in these Terms, Jamendo may, without any prior warning, shut down Your account and block access to Your Profile. Furthermore, Jamendo may bring legal proceedings against You.

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

You are hereby informed, and represent that You so accept, that the information and Content that You post online will be made available to other Members, who may use said information and Content pursuant to the provisions of the Terms of Use.

7.1 Our liability as the hosting company

Under the applicable statutory provisions, we have no general obligation to monitor content transferred or stored via the Website. Our only obligations as the hosting company relate to action to be taken against certain content in accordance with the procedure set out in the "Report Abuse" section, the retention of Your connection data, which is covered by professional secrecy obligations and processed in compliance with the statutory provisions on personal data, and the removal of any clearly illegal content, as soon as we have concrete knowledge of this content.

CLAUSE 8. APPLICABLE LAW

These Terms of Use are governed by the laws of Luxembourg.
Any dispute relating to their interpretation or any departure from these Terms shall be referred to the Courts with jurisdiction to hear the dispute in Luxembourg.