TERMS OF USE – JAMENDO

Last Updated: 17 April 2025

Introduction

We are Jamendo, 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:

JAMENDO S.A 51 Rue de Strasbourg L-2561 LUXEMBOURG LUXEMBOURG RCS n°: B0104301 TVA n°: LU22234927

Hereinafter "Jamendo", “we”, “us”, “our”.

Jamendo does not act as an Internet access provider or as an electronic public communications service.

These Terms of Use govern your use of Jamendo’s website and services, all musical works (“Works”) in the Jamendo catalog, and all content such as designs, text, graphics, pictures, and videos (“Material”) published on Jamendo’s website.

This is a contract between you and Jamendo. By accessing, visiting, or using the Jamendo website and services, whether or not you register, you agree to be bound by these Terms of Use. If you are using the Jamendo website on behalf of your employer or a company, you confirm that you have the authority to bind your employer/company to these Terms of Use and any License/Subscription you may purchase. References to "you" and "your" in these Terms of Use will apply to both you and your employer/company, as applicable. Do not agree to these Terms or any License on behalf of your employer/company if you are not authorized to do so. Please read them carefully. If you do not accept these Terms of Use, do not use Jamendo's website or services.

Parental Consent

If you are under 18 years of age (or the alternative age of consent in your country), we request that a parent or legal guardian consent to your use of the Jamendo website and services (or enter into these Terms of Use on your behalf) and explain to you these Terms of Use.

Modification of Terms of Use

Jamendo reserves the right to modify these Terms of Use at any time. These modifications may be made to ensure compliance with legal requirements, improve user experience, and reflect changes to improve our services and products. Unregistered users should refer to the latest version available on Jamendo's website. Registered members will be notified of any changes through their user account or via a newsletter. If a user does not express their intention to unregister from Jamendo, the new version of the Terms of Use will be considered tacitly accepted fifteen (15) days after Jamendo notifies the user of the changes.

Language

We may provide translations of these Terms of Use into other languages for your convenience. However, for non-consumers as defined by your local laws, the English version will always prevail.

Your Account

To access certain services on Jamendo, whether you’re a user, an artist, or a company, you may need to register and create an account (“User Account” / “Artist Account” / “Licensing Account”, respectively). By doing so, you agree to:

Provide accurate, current, and complete information, and keep it updated.

Adhere to these Terms of Use.

Please avoid using a username that impersonates someone else, is illegal, protected by trademark or other proprietary rights, vulgar, offensive, or likely to cause confusion. We reserve the right to reject or disable any username/identifier at our discretion.

You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or password by sending an e-mail to legal@jamendo.com. Be cautious when accessing your account from a public or shared computer or public Wi-Fi to prevent others from viewing or recording your password or personal information. We will not be liable for any loss you incur as a result of someone else using your account and password, with or without your permission.

Use of Jamendo Website and Services

Publication of Works Artists can publish their Works directly online through their Artist Account by clicking on "Upload your music". For each publication, the Artist commits to complete the requested information sheet by specifying for each Work and each collection of Works (“Album”), notably the real name of all right holders and the License selected (as defined below). The Artist is responsible for providing Jamendo with the Materials needed for the distribution and promotion of the Works at the same time as the Works are uploaded.

Effect of Artist Withdrawal The Artist may withdraw all or part of their Works at any time, through their Artist Account. However, the Artist acknowledges and accepts that any Works downloaded by Users or any third party authorized by Jamendo before their withdrawal may continue to be distributed, shared, and reproduced by any means. The Artist agrees to hold Jamendo harmless from and against any third-party claims in this regard.

Choosing a Creative Commons (CC) License When publishing on Jamendo, the Artist must select a Creative Commons (CC) License for each Work or Album. The chosen license will determine the rights Users have over the Works and Materials. For more details on the different types of CC Licenses and their implications, please refer to the Creative Commons guidelines.

Rights Granted to Jamendo By uploading Works and Materials to Jamendo, the Artist grants Jamendo the following worldwide, royalty-free, and non-exclusive rights for as long as the Works and Materials are available online:

Reproduction and Distribution: The right to reproduce, fix, publish, broadcast, distribute, and transfer the Works and Materials in any format.

Adaptation: The right to adapt the Works and Materials to meet the format requirements of Jamendo or its partners.

Promotion: The right to use the Works and Materials on any media to promote the Artist and Jamendo.

Monetization: The right to monetize Jamendo’s services by inserting advertisements, which may or may not provide remuneration to the Artists.

Artist Obligations The Artist guarantees that they are the sole right holder of the Work(s) or have the authority to represent and commit on behalf of all right holders. They confirm they hold sufficient rights to the Works and are not bound by any entity, including any collecting society, that would restrict granting rights to Jamendo or its Users.

The Artist commits to comply with these Terms of Use while their Works are published on Jamendo and not act against the rights of third parties, including Users, even after withdrawal of the Works. The Artist agrees to indemnify Jamendo against any claims from breaches of these obligations.

The Artist commits not to promote Jamendo’s competitors on the Services provided by Jamendo, including but not limited to Jamendo’s website, forums, chatting areas, and pages dedicated to Jamendo. To this end, Jamendo will request the Artist to sign a Certification reiterating key obligations contained in these Terms of Use when uploading Works.

Use of Artists' Works Each Work is available to Users under one of the Licenses provided by Jamendo. The selected License is indicated on the page dedicated to each Work by an icon or any other means. By clicking on this icon, you can find information about the terms and conditions under which the Artist and Jamendo allow you to use the Work. You agree and commit to use the Work in accordance with these Terms of Use and the License under which the Work has been published, and commit to respect and not to infringe any intellectual property rights held by Artists.

Jamendo allows Artists and Users to embed a code, widget, and player on their blogs, personal websites, social network profiles, and other websites, enabling one or more Works to be played. This embedding and the distribution of the Works must comply with the provisions of the Licenses and these Terms of Use, as well as the guidelines of your hosting provider. You agree to indemnify and hold Jamendo harmless from and against any claims from third parties related to any complaints and/or action regarding the embedding and/or distribution of the Works.

Use of Jamendo Services By using Jamendo Services, you agree to act in good faith towards Jamendo, its Users, artists, and clients. You must not post inappropriate or abusive content. Specifically, you agree not to publish any content or information that:

May directly or indirectly harm any third party (individual, entity, or group);

Is defamatory, insulting, obscene, immoral, offensive, or violent, or incites any type of political, racist, or xenophobic violence (whether physical, verbal, or psychological), and that violates any applicable laws;

Contains personal information about another User or any third party without their explicit consent;

Infringes on the intellectual property rights of authors and/or other right holders, whether alone or in combination with other content;

Uses technologies that disrupt, reduce, disrupt, or prevent the normal operation of the Services.

You also undertake not to infringe the intellectual property rights of the content you access through the Services. 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.

Compliance If a User fails to comply with any provisions of the Terms of Use, Jamendo may, without prior warning, take appropriate measures, including shutting down the User’s Account. Jamendo reserves its rights to initiate legal proceedings against the User and claim any damages it has suffered due to the User’s non-compliance with these Terms.

In the event of a claim, complaint, or legal action arising from a user's wrongful conduct that breaches these General Terms of Use, Jamendo may take action against the user or member responsible for the conduct.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JAMENDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) NON-INFRINGEMENT, (C) AVAILABILITY, QUALITY, OR PERFORMANCE OF THE MATERIALS, INFORMATION, GOODS, SERVICES, TECHNOLOGY, AND/OR CONTENT PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY LIMITATIONS ON USER ACCESS TO OR USE OF CONTENT, AND (D) THE PERFORMANCE OF COMPUTERS, TECHNOLOGY, AND/OR NETWORKS. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE GUARANTEED IN THE SOFTWARE INDUSTRY. NEITHER JAMENDO NOR ANY OTHER OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

JAMENDO RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, FUNCTIONS AND FEATURES OF THE SITE WITH OR WITHOUT NOTICE, AND SHALL HAVE NO LIABILITY TO YOU IF SUCH RIGHTS ARE EXERCISED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AND NOTHING WILL AFFECT YOUR STATUTORY RIGHTS.

Privacy

We process personal data about you and your use of the Jamedo website and Services in accordance with our Privacy Notice and Cookie Policy, as applicable from time to time. Jamendo’s Privacy Notice and Cookie Policy applies to the use of Jamendo’s website and Services and is made part of these Terms of Use by reference. We encourage you to read our Privacy Policy .

Intellectual Property

Jamendo holds all intellectual property rights related to the trademarks, patents, software, logos, graphics, photographs, and animations contained within the Services, excluding the intellectual property rights regarding the Works. These elements may not be reproduced without Jamendo's express consent.

Jamendo grants you a limited license to access, download, and reproduce these elements on any digital media for private and personal use only, within the framework of your use of the Services and for as long as you are registered for the Services.

When you provide Jamendo with any content, excluding Works which are subject to specific treatment in these Terms of Use, you grant Jamendo a worldwide, royalty-free license for the duration of the publication of said content. This license allows Jamendo to reproduce, display, translate, digitize, use for advertising, commercial or non-commercial purposes, modify, and adapt all of the content for its Services. Jamendo is also authorized to grant these rights to any third party or partners, in accordance with these Terms of Use.

Liability

To the fullest extent permitted by applicable law, Jamendo and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your use or inability to use the Services;

Any unauthorized access to or use of our servers and/or any personal information stored therein;

Any interruption or cessation of transmission to or from the Services;

Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;

Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

Indemnification

You agree to defend, indemnify, and hold harmless Jamendo and its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

Your access to or use of the Services;

Your violation of these Terms of Service;

Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;

Any claim that your content caused damage to a third party.

Monitoring

Jamendo is under no obligation to monitor the content on its websites or any associated servers. If you encounter content on Jamendo that is clearly illegal or violates these Terms of Use, you can report it by emailing  legal@jamendo.com or by clicking the "Report abuse or copyrighted content" link found on the Works' pages. For more information on how to report abuse, please visit the "Report Abuse" page.

Services and Content Provided by Third Parties

Jamendo's Services may include links to other websites, as well as services and content provided by third parties, such as but not limited to social network sharing buttons (e.g., Twitter and Facebook) and third-party payment solutions for donations to Artists (e.g., PayPal). Jamendo does not control these services, content, or the websites accessible via these links and is not liable for their use. By using these services, you agree to their respective terms of use, and Jamendo declines any liability arising from the use of such payment solutions.

Export Control and Sanctions

Jamendo products and services may be subject to export control and economic sanctions laws of Luxembourg, the US, and other jurisdictions. You agree to comply with all applicable trade control laws.

You warrant that you:

Are not located in, organized under the laws of, or ordinarily resident in a sanctioned country or territory.

Are not listed on any sanctions-related list of prohibited parties.

You agree not to use, sell, export, re-export, transfer, or dispose of any product, software, or technology from Jamendo in violation of any applicable trade control laws.

Jamendo reserves the right to restrict access to its services in sanctioned regions and may terminate or suspend your access if you violate this clause.

Prohibition of Text and Data Mining

Users are prohibited from using any content from Jamendo for commercial text and data mining purposes, including but not limited to machine learning, artificial intelligence, or any other automated data analysis techniques. Such unnauthorized use may result in legal action. Content from Jamendo may be used for research and scientific purposes, only for non-commercial use, under certain circumstances. We request that you seek prior written authorisation from Jamendo before using Jamendo content for such purposes.

Takedowns

If you believe that any content on Jamendo.com infringes your intellectual property rights or violates any applicable laws, you may submit a takedown request. To do so, please provide the following information:

Identification of the content: A detailed description of the content you believe infringes your rights or violates the law.

Proof of ownership: Documentation or evidence demonstrating your ownership of the intellectual property rights in question.

Contact information: Your name, address, email address, and telephone number.

Statement of good faith: A statement confirming that you believe in good faith that the use of the content is not authorized by the intellectual property owner, its agent, or the law.

Signature: A physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf.

Please send your takedown request to legal@jamendo.com. Upon receipt of a valid takedown request, Jamendo will promptly investigate and take appropriate action, which may include removing or disabling access to the infringing content.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the parties hereby agree that the remaining provisions shall remain valid and enforceable and that the Terms of Use will remain in full force and effect.

Applicable Law

These Terms of Use are governed by the laws of Luxembourg. Any dispute relating to their interpretation and/or execution shall be referred to the courts of Luxembourg. This does not affect any rights you may have as a consumer to bring a claim in the courts of your country of residence under applicable consumer protection laws.