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).
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 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 or publicity 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 established under Luxembourg law called 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.
The use of some Services offered by JAMENDO may require to register as a "Member" 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.
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 who has accessed the Member’s identification details. Please note that JAMENDO provides no guarantees to its Members on this last point and does not have the necessary technical resources to verify the real identity of persons registering for its Services or take responsibility for the acts or omissions of such persons. 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 or her 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 represents and warrants that he or she will provide correct and complete 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, the real name of all right holders and the License selected (see Clause 3.1.2 below).
The Artist is responsible for providing JAMENDO the Materials that may be used for the distribution and promotion of the Works simultaneously with providing the Works with.
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.
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:
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:
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.
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:
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.
With respect to the all Works and any other copyrighted material owned by third parties in the Services and/or on any Jamendo website, Jamendo is an Online Service Provider under the United States Digital Millennium Copyright Act or “DMCA” (17 U.S.C. § 512). Jamendo has implemented procedures to promptly remove such content or information submitted by users when it receives a proper notification of claimed infringement (“Notification”). Such Notification must be in writing and include the following six (6) elements: (1) physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed; (2) identification of the copyrighted work alleged to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and which should be removed (or have access disabled); (4) information sufficient to permit Jamendo to contact the complaining party, such as name, address, telephone number, and if the complaining party has an email address, the email address where the complaining party can be reached; (5) a statement that the complaining party has 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 (6) a statement that the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The remaining procedures will be followed with respect to any counter-notifications received by Jamendo as well. Please submit any such takedown notice under the DMCA to firstname.lastname@example.org with a copy mailed to:
76 avenue de la Liberté
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
CLAUSE 11. LANGUAGE