JAMENDO is a platform for the online distribution of musical works providing services for artists, users and companies. The JAMENDO services are operated by the company under Luxembourg law:
76, Avenue de la Liberté
Tél: +352 26 53 421
RCS n°: B0104301
TVA n°: LU22234927
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 SA (www.radionomy.com).
JAMENDO does not act as an Internet access provider or as an electronic public communications service.
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 on JAMENDO - and through which the Artist has access to an interface, the Artist's Transactions Account if the Artist has registered for "JAMENDO LICENSING" Programs and information relating to the management of his Works and his personal data.
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 company under Luxembourg law JAMENDO SA and/or the collection of services provided by JAMENDO available free of charge, on websites and mobile devices, on www.jamendo.com.
JAMENDO LICENSING: shall mean the service enabling Artists to become involved in commercial Programs and/or promotional operations through partners of JAMENDO that may or may not remunerate Artists.
LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org), 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.
PARTNERS: shall mean any third party, natural or legal person, client, partner, affiliate with whom JAMENDO has established or will establish commercial relations.
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 of JAMENDO 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 as a "Membre" 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.
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 provides no guarantees to its Membres on this last point and recalls that it 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 firstname.lastname@example.org.
CLAUSE 3. USE OF SERVICES
3.1 - Artist Account creation
Registered Members may create one or more Artist profile by going on https://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 (see Clause 3.1.2 below).
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 - Selection of the Creative Commons License or "CC" License
Artists shall select a CC License when they publish their Works and Materials on JAMENDO, for each Work or for an entire Album. Depending on the type of CC License chosen by the Artist, Users may benefit from more or less extensive rights on the Works and the Materials of the Artist. Certain CC Licenses enable Users to make commercial use of the Artist's Works without compensation for the latter. Should the Artist wish to participate in the Commercial Programs offered by the JAMENDO LICENSING service, which may or may not give rise to compensation for the Artist, it is advisable for the Artist to preferably opt for a non-commercial CC License (NC) from among the six (6) CC Licenses listed below.
(1) CC-BY (Attribution) : enables users to distribute, remix, arrange, and adapt your work, even for commercial purposes, provided that credit of the original creation of the Work is attributed to you by citing your name.
(2) CC-BY-SA (Attribution - Sharing under the Same Conditions) : enables users to remix, arrange, and adapt your Work, even for commercial purposes, provided that credit is given to you by citing your name and that the creations derived from your Work are distributed under identical conditions.
(3) CC-BY-ND (Attribution - No Derivative Works) : allows redistribution, whether or not for commercial purposes, provided that the original work is distributed unmodified and in its entirety, with attribution and citing of your name.
(4) CC-BY-NC (Attribution - Non-commercial Use) : enables users to remix, arrange, and adapt your Work for non-commercial purposes and, although the creations derived from your Work must credit you by citing your name and not constitute a commercial use, they shall not be distributed under the same conditions.
(5) CC-BY-NC-SA (Attribution - Non-commercial Use - Sharing under the Same Conditions) : enables users to remix, arrange and adapt your work for non-commercial purposes provided that you are credited by citing your name and that the creations derived from your Work are distributed under the same conditions.
(6) CC-BY-NC-ND (Attribution - Non-commercial Use - No Derivative Works) : this license only authorizes users to download and share your Works provided that you are credited by citing your name, but they may not be modified in any way whatsoever nor used for commercial purposes.
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 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 LICENSING on the Services including, but not limited to, Artists' profiles, Albums' page, Works' pages, forums, chatting area, and pages dedicated to JAMENDO or JAMENDO LICENSING on third parties services (notably social networks).
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.
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 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.
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: email@example.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
The Artist shall provide the information required for this purpose 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.
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 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.
CLAUSE 9. SEVERABILITY
CLAUSE 10. APPLICABLE LAW