Terms & Conditions
• ONLY ONE FREE TRIAL OF eJamming AUDiiO IS PERMITTED PER PERSON
• During your Free Trial, eJamming can send you emails and newsletters about the service and subscription offers
• You need to provide us with a valid email address
• Once you subscribe, eJamming and Amazon or PayPal will automatically renew your subscription unless you cancel your subscription
• If you cancel your subscription, you will no longer be able to connect to other eJamming subscribers
• You may cancel your subscription to the eJamming AUDiiO service at any time; however you will not receive a refund for any time remaining on your current subscription period
• You are responsible for backing up on your own computer any compositions and recordings you create on eJamming
• PREVENT HEARING LOSS/DAMAGE: Be sure to lower your gain when joining an eJamming session so you don't blast the ears of your fellow musicians
This eJamming, Inc Terms of Service Agreement and Acceptable Use Policy (the "Agreement") provides important information about your eJamming FREE TRIAL and SUBSCRIPTION, so you should take the time to read and understand it. We encourage you to print out a copy of this entire document and save it for future reference.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IS. NO CHANGES, ADDITIONS OR DELETIONS WILL BE ACCEPTED BY EJAMMING, INC.
eJamming, Inc may change, add or remove any part of this Agreement, or any part of the eJamming AUDiiO services and features, including price, at any time. If it does so, eJamming, Inc will post such changes on the eJamming website.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING EJAMMING AUDIIO. YOUR CONTINUED USE OF EJAMMING® NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
To activate an eJamming AUDiiO subscription, you must be at least 18 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are between 13 and 18 years of age, you may still use eJamming AUDiiO (subject to applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian.
When you accept this Agreement and complete the eJamming Free Trial and/or Subscription registration process, you become the Account Holder. As an eJamming AUDiiO Account Holder, eJamming, Inc provides you with a limited, non-exclusive license for no more than the term of your subscription (or, if you are a trial user, for the term of your trial period) to use the subscription account holder profile, User Alias (Screen User Name/Handle) and password provided by you for your account. Your User Alias, when confirmed by eJamming, Inc, is your on-line identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.
As used in this Agreement, "Content" means the music, vocalizations, text, software, communications, images, sounds, and all other information and materials you encounter or generate through your account or on-line through the Internet.
If you are not ready to become an eJamming subscriber, you may activate a "trial" subscription of eJamming AUDiiO for ONE initial Free period, during which you may engage in eJamming with other subscribers and or Free Trial Account Holders. ONLY ONE FREE TRIAL OF EJAMMING AUDIIO IS PERMITTED PER PERSON. Anyone violating the terms of the eJamming Free Trial offer will be charged a full month's subscription on their credit card. Some features of eJamming AUDiiO may not be available in the "trial" version, or the functionality of available features in the "trial" version may be limited.
During this trial period, you agree that eJamming, Inc will have the right (subject to applicable local non-U.S. law) to send you communications, notices and news about eJamming, either to the eJamming account assigned to you for your use or to any alternate email address you have given us (Local non-U.S. law may allow you to revoke your consent to receiving these communications at any time during the trial period).
If you elect to become an eJamming subscriber, you agree to pay all charges for an eJamming subscription and/or Day Pass (a single continuous 24 hour access pass) at the prices set forth on the eJamming website and upon the terms set forth on that site and in this Agreement. All charges are currently processed by Amazon’s payment system. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. eJamming, Inc reserves the right to change prices or to institute new charges for an eJamming subscription or any service offered by eJamming, Inc at any time, upon prior notice.
Price changes and institution of new charges implemented during your subscription period will apply to subsequent subscription periods and to all new eJamming users after the effective date of the change. All pricing changes will be posted on the eJamming website, and in email notifications and if applicable, transmitted to you over the eJamming messaging system.
Such posting upon the eJamming Portal website shall be considered sufficient notice to you of such changes, and eJamming Inc is not responsible for your failure to receive any email or messaging from eJamming Inc. If you opt out of receiving email or the eJamming AUDiiO Newsletter, you may not receive a timely notification of any pricing changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes.
Your continued use of eJamming or your failure to terminate your subscription, after any such changes are posted (or effective), will constitute your acceptance of the prices for subsequent subscription periods.
Consult your eJamming account management page inside the eJamming AUDiiO application's Home tab or on the eJamming Portal for details on billing for services purchased on-line. A confirmation email invoice will be provided by Amazon electronically to the email account you provided eJamming, Inc at signup. You are responsible for providing eJamming with a valid email address by which we can communicate with you.
You will pay eJamming, Inc for charges for any monthly, quarterly and/or annual eJamming subscription fees, and any fees for additional eJamming features or services, via Amazon or PayPal and the credit card account provided by you to Amazon or the credit card or bank account provided by you to PayPal. You also agree that eJamming may automatically charge your credit card for renewal of your subscription on the renewal anniversary date (whether monthly, semi-annually or annually) without further authorization from you, unless and until you cancel your subscription via the Manage Subscription pages on the eJamming website or you change your previously designated credit card account you registered at Amazon or PayPal.
You may provide notice that you do not wish to renew your eJamming subscription by visiting the account management page on the eJamming website and canceling your renewal. If you subscribe on a quarterly or annual basis, you will receive an email at the email address you provided eJamming, Inc about 30 days prior to the anniversary of the expiration of your subscription (unless you've opted for automatic renewal). The email will remind you that the credit card you used for your original subscription will be billed on the anniversary date. If your credit card is no longer valid or if the subscription renewal is not authorized by your credit card company to Amazon, your subscription will be terminated on the renewal anniversary date (whether monthly, semi-annually or annually). If your subscription is terminated or you do not elect to renew your subscription, you will no longer be able to connect to other eJamming subscribers.
If payment is not received by eJamming, Inc from your credit card issuer or its agents, you agree to pay all amounts due from you for your eJamming subscription, upon demand by eJamming, Inc. and/or Amazon or PayPal.
You may cancel your subscription to eJamming AUDiiO service at any time; however you will not receive a refund for any time remaining on your current subscription period. Applicable local law may vary this policy.
While eJamming, Inc makes reasonable efforts to ensure that the eJamming service is available at all times, eJamming, Inc does not guarantee, represent or warrant that eJamming subscriber services will be uninterrupted or error-free, and eJamming, Inc does not guarantee that users will be able to access or use all the eJamming features at all times.
eJamming, Inc also does not guarantee or warrant that any Content you may create via eJamming AUDiiO will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any compositions, recordings, images or other Content. Unless otherwise expressly provided in the terms of any service or feature offered in eJamming AUDiiO, eJamming, Inc will not be responsible for any archiving or backup of any such information. If any data, compositions, messages, images or other Content in your account and stored on eJamming AUDiiO system is damaged, lost or corrupted in any way, eJamming will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular eJamming feature or service.
eJamming, Inc encourages eJamming AUDiiO users to participate in the on-line world to express their creativity and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use eJamming, whether you are using eJamming on a trial basis or as a paying subscriber. These rules and standards are described in this Agreement. As an eJamming user, you agree to comply with this Agreement, and you acknowledge that eJamming, Inc has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your eJamming account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, eJamming, Inc may take any and all appropriate actions; this can range from the issuance of a warning about a violation to the termination of your access privileges for eJamming to legal action as eJamming, Inc deems necessary or appropriate. eJamming, Inc is not required to provide notice prior to terminating your eJamming access for violating these rules and standards, but it may choose to do so.
You are solely responsible for your conduct, and the conduct of anyone using your account or any sub-accounts, while using eJamming and eJamming AUDiiO, including the contents of all voice chat, email, text chat and Instant Messaging messages generated or forwarded, and all Content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your eJamming account or any sub-account. eJamming, Inc will not be responsible or liable in any way for any such on-line distribution or publication. eJamming, Inc cannot and will not review every message or other content which may be generated or posted on or through your account (although eJamming, Inc reserves the right to monitor members' use of eJamming see "Investigations", below), and eJamming, Inc will not be responsible for anything in any of those messages or Content.
eJamming, Inc reserves the right to terminate the account of any subscriber who violates its Policy regarding messages (whether email or Instant Messages or other posted Content) that eJamming, Inc, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material eJamming, Inc believes may subject eJamming, Inc to any liability or which may cause eJamming, Inc to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to eJamming users.
A member's use of eJamming should conform to the requirements of the law, respect for the rights of other users of eJamming services and third parties, and current standards for communicating on-line. By your use of eJamming and eJamming AUDiiO, you agree to use appropriate conduct and language when you are online. This includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including non-U.S. law where appropriate).
PREVENT HEARING LOSS/DAMAGE to other users. By agreeing to use the eJamming service, you agree to lower your gain when joining an eJamming session so you don't blast the ears of your fellow musicians and cause hearing loss or damage.
eJamming, Inc has established a policy regarding ownership of copyright in any original material created while connected with other subscribers in an eJamming online jamming session (see the eJamming, Inc Copyright Policy) as well as each subscriber's responsibilities regarding licenses and payments for use of non-original musical compositions (see the eJamming, Inc Cover License And Mechanical License policy). These policies will be strictly enforced and violation of these policies will be cause for termination of any subscriber's access to the eJamming service. eJamming, Inc cannot and will not be responsible for any violation of copyrights and for your failure, and/or if you are under 18, your parents’ failure to pay any mechanical and other licenses due the appropriate organizations for distribution of musical reproductions.
eJamming, Inc reserves the right to terminate your access to the eJamming service at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of eJamming, Inc's or others' intellectual property, or any other circumstances which, in eJamming, Inc's sole discretion, merit termination. Any such termination may, if eJamming, Inc elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Illegal, Tortious and Prohibited Conduct
eJamming may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject eJamming, Inc to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If eJamming, Inc elects to terminate your right to use the eJamming service as a result of any illegal or prohibited conduct, eJamming, Inc may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
• Posting or transmitting obscene Content (including child pornography)
• Planning illegal activity, such as building a bomb or counterfeiting money
• Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
• Pretending to be anyone you are not - you may not impersonate or misrepresent yourself as another person (including celebrities), another eJamming user, an eJamming, Inc employee, or a civic or government leader; eJamming, Inc reserves the right to reject or block any eJamming service user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
• Using false statements to get, or to attempt to get, account information or other private information from other eJamming or Internet users
• Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
• If you believe that illegal, tortious or other prohibited Content is being transmitted through any eJamming service, you may report it by emailing firstname.lastname@example.org
eJamming, Inc reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If eJamming, Inc decides to investigate or resolve possible misuse involving you or anything you do on the eJamming service, eJamming, Inc is entitled to disclose any information about you in eJamming, Inc's possession in connection with your use of eJamming and anything you do with eJamming to law enforcement or other government officials, as eJamming, Inc in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of the eJamming service, you authorize eJamming, Inc to take any such actions.
Objectionable Conduct and Content
It is essential that all Content on the eJamming service reflect the provisions of this Agreement. eJamming, Inc reserves the right to block Content if eJamming, Inc becomes aware of any Content in any eJamming service area which, in eJamming, Inc's judgment, does not conform to this Agreement. eJamming, Inc may send you a warning about the violation of this Agreement if your eJamming account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, eJamming, Inc reserves the right to terminate, with or without notice, the accounts of eJamming users who violate this Agreement. In such case, you will not be entitled to any refund of your monthly or annual membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).
Examples of objectionable conduct and Content that violate the eJamming, Inc acceptable use policy are:
• Harassing, threatening, or embarrassing another eJamming or Internet user, including unsolicited commercial communications
• Stalking another eJamming or Internet user ("cyberstalking")
• Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
• If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or, in non-U.S. areas, such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
• Posting Content that defames, abuses or threatens physical harm to others or yourself
Please remember that these are only guidelines; there are always "gray areas." Content you post should be no different than something you would say in a room full of strangers, or at work. However, eJamming, Inc reserves the right to make the final determination about whether Content is objectionable or not.
If you encounter something you find inappropriate, you may report it by emailing email@example.com
Some of the Content available through eJamming is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using eJamming, make sure you have been given the legal right to do so by the owner of the content.
The eJamming service and eJamming AUDiiO software may contain third-party software, which has been licensed by the developers thereof to eJamming, Inc.
• You may download and use this software for your own personal use, subject to any rights retained by the developers.
• You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the Content you find or perform through eJamming, unless you have the legal right to do so;
• If you make a recording of any copyrighted material and distribute that recording over the Internet or otherwise, then you must make all applicable payments to the appropriate organiza-tions for the license to publicly perform and/or mechanically reproduce said copyrighted material; any failure to do so, whether intentional or accidental, will be deemed a violation of this Agreement and your access to the eJamming service may be terminated; and
• You must not make available to any persons by any means any authentication information for the eJamming service for the purpose of illegally validating any subscription to the eJamming service.
Making unauthorized copies of any Content can lead to the termination of your access to the eJamming service (without any refund of any prepaid fees or other amounts, subject to applicable law) and may subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against eJamming, Inc because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify eJamming, Inc, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including reimbursing eJamming, Inc for the company's costs of hiring attorneys to defend against the action.
By submitting or posting Content on areas of the eJamming website and eJamming service accessible by the public, or by distributing Content created while you were connected to the eJamming service, you are representing that you are the owner of such material, have authorization to distribute it, or you have obtained the license to distribute and/or mechanically reproduce it. You hereby grant eJamming, Inc a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are an eJamming account holder (including any trial period use), and will terminate upon removal of such Content from the public area or when you are no longer a eJamming member or user, whichever happens first.
If you believe that any Content in which you claim copyright has been infringed by anyone using the eJamming Service, please contact eJamming's agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit eJamming, Inc to locate the material;
• Information reasonably sufficient to permit eJamming, Inc to contact the complaining party;
• 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
• A statement that the information in the notice 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.
eJamming's copyright agent for notice of claims of copyright infringement on or regarding eJamming can be reached by email at : copyrightagent@eJamming.com
Violations of system and network security are prohibited, and may result in criminal and civil liability. eJamming, Inc will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
• Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
• Falsifying your user identity or providing other false information to eJamming, Inc or to other users of the eJamming Service in connection with your use of eJamming or any feature of eJamming
• Posting viruses or software designed to create a virus or to do harm to eJamming, Inc, any subscribers to the eJamming Service or users of eJamming, or any network
• Taking any other action to disrupt the normal use of the eJamming Service or the Internet by other users
• Use of software that allows your account to stay logged on while you are not actively using the account.
• Unsolicited E-Mail ("Spamming" and "Mailbombing")
This Agreement prohibits abuse of eJamming, Inc's subscribers, the eJamming Service, eJamming AUDiiO and related functionalities. Some specific examples of prohibited actions are as follows:
• Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements ("bulk" means sending the same or substantially similar messages to more than 25 e-mail users in a single day); eJamming, Inc reserves the right to block unsolicited commercial e-mail if a eJamming user objects to receiving such e-mail, even if it is not considered "bulk" e-mail
• Using information collected from any eJamming subscriber or eJamming AUDiiO database or matchmaking directory or any other area of the eJamming Service for the purpose of sending unsolicited e-mail, whether or not it qualifies as "bulk" e-mail
• Using another site's mail server to relay mail without the express permission of the other site
• Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an eJamming account, remailer, or otherwise through any feature of eJamming, or using an eJamming account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
• Exceeding Account Limitations
In addition, certain commercial or business uses are prohibited, including the following:
• Soliciting for advertisers or sponsors
• Posting sponsorships and third-party advertisements and banners
• Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other eJamming users
• Reselling, renting or subleasing eJamming space under any circumstance
• Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding eJamming users other than for personal, non-commercial purposes
• Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters
EJAMMING, INC RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL EJAMMING FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO, A USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.
When eJamming, Inc becomes aware of possible violations, eJamming, Inc may initiate an investigation, which may include gathering information from any eJamming subscriber or account involved, any third party and any complaining party.
During the investigation, eJamming, Inc may suspend or terminate any or all of a user's eJamming accounts involved and/or remove the Content involved from the eJamming Service. If eJamming, Inc believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the eJamming system, warnings to the eJamming user(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, eJamming, Inc believes that any criminal activity has occurred, eJamming, Inc reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
BY ENGAGING IN A FREE TRIAL AND/OR BECOMING A SUBSCRIBER TO THE EJAMMING SERVICE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST EJAMMING, INC, AND TO HOLD EJAMMING, INC HARMLESS AND INDEMNIFY EJAMMING, INC WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY EJAMMING, INC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE EJAMMING, INC OR RECOVER ANY DAMAGES WHATSOEVER FROM EJAMMING, INC AS A RESULT OF ITS DECISION TO REMOVE PERSONAL MATERIAL AND CONTENT FROM THE EJAMMING SERVICE AND/OR SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR EJAMMING ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF EJAMMING, INC'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
If you access the eJamming Service through downloaded software or a CD-ROM, then these provisions relating to software licenses apply to you. Nothing in these provisions, however, supersedes any terms of any end-user license for software provided with your computer or any separate software application provided to you as part of the eJamming System.
eJamming, Inc provides you with a limited license to use the software providing access to the eJamming Service, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. eJamming, Inc will occasionally provide automatic upgrades to improve your on-line experience.
eJamming, Inc grants to you a non-exclusive, limited license to use the software designed to provide access to the eJamming System for the sole purpose of connecting you to the eJamming Service. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that eJamming, Inc's introduction of various technologies may not be consistent across all platforms and that the performance and some eJamming System features may vary depending on your computer and systems and other equipment.
eJamming, Inc reserves the right to disable your access to the eJamming Service under the following circumstances:
• At the end of any trial period, if you do not elect to become a paid Subscriber to the eJamming Service.
• Upon expiration of your Subscription period, if you do not renew, or upon cancellation of your Subscription.
• If your credit card is declined upon renewal of your Subscription or when you elect to become a member after a trial period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to eJamming, Inc and/or Amazon.
eJamming, Inc will notify you via email at the email address you have provided us that your access to the eJamming Service will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE EJAMMING SYSTEM SERVICES ARE AT YOUR SOLE RISK. EJAMMING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
EJAMMING, INC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE EJAMMING SYSTEM WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. EJAMMING, INC'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY EJAMMING, INC SHALL BE CANCELLATION OF YOUR ACCOUNT.
IN NO CASE SHALL EJAMMING, INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE EJAMMING SERVICE, EJAMMING AUDIIO OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR EJAMMING SYSTEM USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EJAMMING, INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, EJAMMING, INC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE EJAMMING, INC WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH THE EJAMMING WEBSITE. YOU HEREBY RELEASE EJAMMING, INC FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
eJamming, Inc, may give notice to any eJamming subscriber by sending an email message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the subscriber's registration form for the eJamming Service. eJamming Subscribers may contact eJamming, Inc by emailing customerservice@eJamming.com via the Help Menu on eJamming AUDiiO.
This Agreement is provided to you in English. This Agreement represents your entire agreement with eJamming, Inc with respect to the eJamming System. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as an eJamming subscriber, and eJamming, Inc.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be amended or modified by eJamming, Inc at any time. Except as required by applicable non-U.S. local or national law, the laws of the State of Florida, United States of America, excluding its conflicts of law rules, govern this agreement and your use of the eJamming System. Your conduct and use of eJamming may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with eJamming, Inc regarding the eJamming System or relating in any way to your account or your use of the eJamming System and eJamming AUDiiO resides in the courts of the State of Florida. You further agree and expressly consent to the exercise of personal jurisdiction in the Florida courts in connection with any such dispute, including any claim involving eJamming, Inc or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to the eJamming System.
THE EJAMMING SERVICE IS PROVIDED BY EJAMMING, INC., A DELAWARE CORPORATION, AND IS BASED IN THE UNITED STATES. THE PERSONAL INFORMATION WHICH YOU GIVE EJAMMING, INC WILL BE USED TO ESTABLISH YOUR ACCOUNT (WHETHER A TRIAL ACCOUNT OR OTHERWISE) AND WILL BE TRANSFERRED TO AND MAINTAINED IN EJAMMING, INC RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE EJAMMING SERVICE.
You must agree and adhere to eJamming Inc.'s Copyright Policy in order to use the eJAMMING® AUDiiO software and Service.
When an Account Holder on the eJamming® Service uses the eJamming AUDiiO software to enter into an eJamming Session with other Account Holders (up to 3 other Account Holders in an eJamming AUDiiO Session) and the Account Holders create a new composition (music and/or lyrics) by virtue of their interaction, then all of the Account Holders in that eJamming Session generally will jointly own the copyright in the new composition they have created together unless they otherwise agree not to share such a joint copyright in writing beforehand, even if they did not participate in any way aside from their being present in that Session.
The creation of such a writing, determination of copyright rights and enforcement of such rights among Account Holders and/or third parties is the sole responsibility of the Account Holders.
With regard to cover (non-original) material, eJamming, Inc. is negotiating blanket licenses from the music performing rights organizations (ASCAP, BMI and SESAC) which will cover your performance online of such cover material, and you will not be responsible for paying any additional public performance license fees (these are NOT recording fees; see the eJamming, Inc. Cover License and Mechanical License policy below).
In addition, when a Account Holder on the eJamming Service uses the eJamming AUDiiO software to enter into an eJamming Session with other Account Holders and the Account Holders record their performance(s) whether of a new composition or existing musical material, then all of the participants in that eJamming session jointly own the copyright in the recording they created together unless otherwise agreed upon in writing, even if they did not participate in any way.
In addition, all of the participants in that eJamming Session individually own the copyright in any recording of their own performance track(s) they performed and/or created during that eJamming Session. However, if the recording is of existing musical material, e.g., a cover, a license may be required from the copyright owner of the underlying musical material.
However, provided that the musical material or composition was recorded in a take on eJamming AUDiiO, then the eJamming AUDiiO software will maintain a record in its “Your Copyrights” File of the musician’s Copyright Name as specified by the Account Holder on the Song Tab in Preferences associated with each channel recorded during that take as well as the year of the Copyrighted recording, and the “Your Copyrights” File will record that the channel recorded is copyrighted in the name of the musician’s Copyright Name.
Formal registration with the Library of Congress for copyright of original material is the sole obligation of the eJamming Session participants and resolution of any dispute regarding copyright ownership of original material is the responsibility of the Account Holders in an eJamming Session. eJamming, Inc. is not responsible for arbitrating any disputes between Account Holders including those regarding copyright ownership.
eJamming, Inc. will maintain in its database a record of the Account Holders who were logged into a session under the name, date and time of that Session. However, those records are not for public review. In the case of any dispute, the record of the participants in a Session will be available to the members of a Session upon payment of a Disputed Copyright Session Record fee to eJamming, Inc.
BY INSTALLING THE EJAMMING AUDIIO SOFTWARE AND BY SUBSCRIBING TO THE EJAMMING SERVICE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO HOLD HARMLESS AND INDEMNIFY EJAMMING, INC., ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND SUPPLIERS AGAINST ANY LIABILITY, CLAIMS, OR DEMANDS REGARDING COPYRIGHT MATTERS, INCLUDING COSTS TO ALL SUCH PARTIES OF PROVIDING INFORMATION OR TESTIMONY IN COURT AND/OR HIRING ATTORNEYS TO DEFEND AGAINST ANY ACTION.
Please read our Cover material policy below
You must agree and adhere to eJamming Inc.’s Cover License and Mechanical License Policy in order to use the eJAMMING® AUDiiO software.
When a Account Holder to the eJamming Service uses the eJamming AUDiiO software to enter into an eJamming session with other Account Holders (which is not recorded) and the Account Holders cover and/or perform existing musical material by virtue of their interaction, then none of the participants in that eJamming session will have to pay a license fee or a mechanical license fee by virtue of participating in an eJamming online jamming session. With regard to cover (non-original) material, eJamming, Inc. is negotiating blanket licenses from the music performing rights organizations (ASCAP, BMI and SESAC) which will cover your performance online of such cover material.
However, if any one of the Account Holders participating in the eJamming session records the non-original composition, a license may be required from the publisher and/or copyright owner of the underlying non-original composition.
If any one of the Account Holders participating in the eJamming session distributes the recording over the Internet or via any other mechanical method now known or hereafter devised, then the Account Holder distributing the recording must promptly pay the applicable mechanical license fees to the appropriate organization(s).
By using the eJamming service, you agree and acknowledge that eJamming is not responsible for, nor shall it make, mechanical license fee payments on behalf of any Account Holder. Information on mechanical license rates and forms for licensing mechanical reproductions of cover material from the Harry Fox Agency, Inc. can be found at www.harryfox.com.
Any failure to make such payments will result in the termination of your subscription to the eJamming Service and may subject you to Copyright violations.
You agree (to the extent permitted by applicable law) to hold harmless and indemnify eJamming, Inc, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands regarding license and mechanical fees, including reimbursing eJamming, Inc. for the company’s costs in providing information or testimony in court and/or hiring attorneys to defend against the action.