Acceptance of Terms
Rules and Conduct
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:
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.
Whereas, JazzMonthly offer you the opportunity to promote your music and fans the opportunity to download music on the Websites,
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.
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.
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.
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.
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.
Ren Media Publishing, Inc.
PO Box 3107
Linden, NJ 07036