Terms Of Use2018-07-06T05:13:39+00:00

Terms of Use

Acceptance of Terms
By using and/or visiting the JazzMonthly.com website(s) (Websites), Websites (collectively, including all services, content and functionality available and derived from the Websites, you signify your agreement to these terms and conditions (the "Services"), without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Websites. With the exception of individual Submissions(s) (defined below), the Services are owned and operated by Ren Media Publishing, Inc., a New Jersey corporation (“JazzMonthly”). These Services apply to all users of JazzMonthly, including users who are also contributors of audio content, information, and other materials or Services on the Websites. JazzMonthly may refuse to offer the Services to any person or entity and may change the eligibility criteria for use of the Services at any time, in its sole discretion.

Modification of Terms of Use
JazzMonthly reserves the right, in its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Rules and Conduct
The Services (including without limitation, any Content (defined below), documents or other information made available via the Services) are provided only for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by JazzMonthly. Any unauthorized use of the Services is expressly prohibited. For purposes of these Terms of Use, “Content” shall include, without limitation, any text, software, scripts, graphics, photos, audio, music, videos, industry professionals statements and opinions and/or interactive features accessible through the Services.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by JazzMonthly. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of case in point, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); imposes an unreasonable or disproportionately large load on JazzMonthly’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of JazzMonthly or any third party; or impersonates any person or entity or involves commercial activities without the prior written consent of JazzMonthly.

JazzMonthly may, in its sole discretion, remove any Content from the Services at any time.

The Services may allow you to upload your own photos, text, audio, video and other Content (“Submission(s)”) provided that you do so strictly in accordance with any instructions provided in the Services.

By uploading (or otherwise submitting) Submission(s) to the Services, you:
Grant to JazzMonthly a non-exclusive, royalty-free limited license to use, publish, reproduce, display, sublicense, distribute, use for "Entertainment & News Purposes"  (defined below), and sublicense for "Entertainment & News Purposes" (defined below) such Submission(s), either through print, online, or other media (collectively, “Publicize”); represent and warrant to JazzMonthly that you are the original creator of the Submission(s); represent and warrant to JazzMonthly that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by JazzMonthly (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and agree not to provide JazzMonthly with any confidential or proprietary information that you desire to or are required to keep secret.
For purposes of these Terms of Use, "Entertainment & News Purposes" shall be defined as use of a Submission expressly for the purpose of journalism, promotion, news and entertainment on JazzMonthly, including the services provided therein. “Cross-Entertainment & News Purposes” shall be defined as the sub-licensing of a Submission by JazzMonthly to a third party. JazzMonthly will not, without additional notification, sub-license any Submission to any third party for any purpose other than that described in the immediately preceding sentence.

Artists

Whereas, JazzMonthly offer you the opportunity to promote your music and fans the opportunity to download music on the Websites,

Whereas, you desire to promote and sell or give-away your Materials (as that term is defined below) through the Services and by checking the box marked "I have read and agree to Terms of Use" agrees to be bound by the terms and conditions of this Terms of Use Agreement.

You also hereby grant to JazzMonthly, and JazzMonthly hereby accepts, the limited, royalty-free, transferable, nonexclusive right during the term of this Agreement (with the right to sublicense) to use, reproduce, distribute, and publicly perform and/or display all names, biographical materials and likenesses, musical compositions, sound recordings, artwork, text, pictures, graphics, video, and all other materials submitted by you to JazzMonthly for use with the Services (collectively "Materials").

You represent and warrant to JazzMonthly that you are familiar with the process of the Services, including allowing users to have access to the Materials on JazzMonthly.com or in the JazzMonthly’s Network (Websites) choice thereby allowing other users to stream, download and/or share the Materials with other users.

You shall be solely responsible for and shall hold JazzMonthly harmless from any and all obligations in connection with the use and exploitation of the Materials as contemplated in this Agreement, including, without limitation, licenses and payments related to copyright, Mechanical copyrights, Sync payments, patent and other intellectual property rights associated with file formats and file compression associated with the digital transmission and public performance of sound recordings and musical compositions via streaming and downloading.  You hereby represent and warrant that: (a) You own or has secured all necessary rights to publish, reproduce, distribute, display, perform publicly, transmit, sell, promote or otherwise exploit the Materials and perform publicly the Materials and the underlying musical compositions, as contemplated in this Agreement; (b) You own or has secured all rights necessary to allow JazzMonthly to perform the Services and exploit the Materials described in this Agreement and to exercise and fulfill JazzMonthly's rights and obligations hereunder; (c) You will comply with and make payment of any and all obligations it may have under third party agreements or the law, including, without limitation, artist royalties, producer royalties, union fees, mechanical royalties, sync and public performance royalties for the Materials that arise from or in any way relate to the usage of the Materials as contemplated under this Agreement; and (d) the Materials do not and will not violate or infringe upon any right of any third party, including without limitation copyright, trademark and patent rights, rights of privacy or publicity, nor do they contain any libelous, slanderous, defamatory, offensive, obscene, pornographic or unlawful material, nor otherwise violate or infringe any other right of any person or entity.

You and JazzMonthly  shall also share in revenues actually collected by JazzMonthly from users of the Services who access, download or share your Materials as follows: For each download by any user of a sound recording in the "Artist Donation" category, you shall receive 80% of the revenue and JazzMonthly shall receive 20%. In addition, you shall pay JazzMonthly a fee for each "Artist Donation" category credit card transaction that results in the download of a sound recording in the amount of thirty cents ($0.30), plus 5% of the total credit card transaction, exclusive of sales or other taxes collected. All fees and revenues payable to JazzMonthly shall be collectively referred to as "Service Fee." You shall maintain a PayPal account at all times during the Term of this Agreement and JazzMonthly shall remit to you, via such PayPal account, your portion of any Artist Donations received from users and intended for you. In the event you, for any reason, do not maintain a PayPal account at all times during the Term of this Agreement, JazzMonthly shall have the right, in its sole discretion to close your account.

JazzMonthly shall share with you the email address from users of the Services who access, download or share your Materials. Such user data shall be shared in conformance with our Terms of Use which can be accessed from most pages.

Artist Donation
While using the Websites, you may leave a donation for any artist or author you choose to support (“Artist Donation”). JazzMonthly requires each artist and author to maintain an account through which JazzMonthly can pay such artists and authors their respective portion of the Artist Donation.

Copyright Complaints
If you think that any material posted on JazzMonthly infringes upon any copyright that you own or control, or that a link on the Websites direct users to materials that infringes upon any copyright that you hold or control, you may file a Notification of such Infringement to the address below.

Refund Policy (Shipped items only)
JazzMonthly attempts to be as accurate as possible. However, JazzMonthly does not warrant that its product descriptions or other content of these Websites are accurate or error-free. If a product offered by JazzMonthly and the Websites itself is not as described, your sole remedy is to return it in unused condition. We’ll also pay the return shipping costs if the return is a result of our error. All sales are final.

No Warranties
THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. JazzMonthly MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.

Limitation of Liability
IN NO EVENT SHALL JazzMonthly, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE JazzMonthly FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.

Indemnification
You agree to defend, indemnify and hold harmless JazzMonthly, its parent corporation, officers, directors, industry professionals, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites.

Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites is not intended for children under 13.

Communications
When you visit the Websites, you are communicating with us electronically. You consent to receive communications from us by e-mail or by posting notices on this site.

Privacy
JazzMonthly ‘s privacy policy covers the collection and use of personal information that may be collected when you visit the Websites, when you purchase our products and services, or when you call our sales or support personnel. Your information is used for the purposes of JazzMonthly and our associates ONLY. Your information will not be sold or given to any 3rd party company or individuals. Emails of users that download Artists music may be shared with the Artist so Artist may communicate and thank user for their support.

Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules, and the United States of America. You expressly agree to the exclusive jurisdiction, forum and venue of the state or federal courts located in New Jersey for any claim or action arising out of or relating to these Terms of Use or your use of the Services, and you further agree to and submit to such forum and venue, and to the exercise of personal jurisdiction of such courts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use are personal to you, and are not transferable by you except with JazzMonthly’s prior written consent. JazzMonthly may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers or modifications of these Terms of Use must be in writing signed by both parties. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

Ren Media Publishing, Inc.
911 W Saint Georges Ave.
Linden, NJ 07036
908-925-1908