Terms of service for songs unlocked with credits

1. SCOPE OF APPLICATION

The parties agree that their relations will be governed exclusively by this contract. The service provider is Recisio SAS, a company with a registered office at 74, rue des Arts, 59000 Lille, France. Registered in the trade register under the RCS number 515 253 128 00026, telephone: 03 20 95 37 54. Publishing Director: Jean-Baptiste Defossez, owner, and operator of the Jamzone platforms.

Jamzone provides online sales services that allow our members to access Interactive Music ("Jamzone content") available on our website jamzone.com or in the Jamzone dedicated apps (MacOS, iOS, iPadOS, Android). These Terms of Service govern your use of our services. As used in these Terms of Service, "Jamzone service(s)", "our service(s)" or "the service(s)" means the personalized service(s) provided by Jamzone for discovering and using Jamzone content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

2. ACCESS TO THE SERVICE

Jamzone services are offered via a “in-app purchases/premium” model. You can download the Jamzone app for free and can test a certain number of free music titles without charge after creating an account. You have then the possibility, at your own choice, to purchase credits by the unit or by packs at a reduced unit price to unlock music titles available in Jamzone (see section 2.1).

Once a music title has been purchased and downloaded on Jamzone you are ALLOWED to:

  • Use the digital version of the music available in the Jamzone apps to perform in your strictly private circle.
  • Use the digital version of the music available in the Jamzone apps for non-monetized audio and video publications on streaming platforms, including but not limited to: Youtube, Facebook, Twitch, Dailymotion, Vimeo. Such publications must include “Backing Track © Jamzone (https://jamzone.com)”. We cannot warranty that digital fingerprinting system Content ID will not block publications using digital music from Jamzone. We can however support your claim disputes by providing proof of your purchase/license when necessary.
  • Use the digital version of the music available in the Jamzone apps during occasional live sessions, limited to 50 people capacity, and covered by an appropriate license with a relevant performing rights organization in your territory, such as BMI, ASCAP, SESAC, GMR in the US or SACEM and SPRE in France, without limiting the foregoing.

You are NOT ALLOWED to:

  • Extract the music or the audio files for storage on your own or another device.
  • Redistribute the music in any form or file format for commercial or any other purposes.
  • Alter, edit or tamper with the music file or print-out, other than alterations authorized by Jamzone.
  • Publish monetized audio and video publications on streaming platforms, including but not limited to: Youtube, Facebook, Twitch, Dailymotion, Vimeo, Spotify, Deezer, Soundcloud.
  • Use the digital version of the music available in the Jamzone apps during recurring live sessions for a public capacity of over 50 people.

EXCEPTIONS to these allowances:

You can get a special license for NOT ALLOWED usage, or usage not described in these Terms of Service by contacting us at licensing@tencymusic.com.

2.1 Purchase of music by the unit or as “credits”

You can purchase music by the unit or as «credits» containing multiple music titles and sometimes offered with a discount. The purchase of music titles grants access to the digital version of the music as proposed in the Jamzone apps as long as your device remains compatible with our app and catalog (Cf. Section 3).

2.2. Free songs

A list of free titles belonging to the public domain is offered in the Jamzone apps. The download of free music titles grants access to the digital version of the music as proposed in the Jamzone apps as long as your device remains compatible with our app and catalog (Cf. Section 3).

A free credit is provided at account registration as a welcome gift. Downloading a song with your free credit grants access to the digital version of the music as proposed in the Jamzone apps as long as your device remains compatible with our app and catalog (Cf. Section 3).

2.3 Payment and Billing

2.3.1 Service charges

You agree to pay for all products you purchase through the Jamzone service or through third-party app stores. Recisio may charge your credit card or other payment system integrated on the Service for any products purchased, and for any additional amounts (including any taxes) as may be accrued by or in connection with your account. You are responsible for providing Recisio or third-party app stores with valid credit card information or information for other payment systems presented on the Service for all payments.

2.3.2 Order processing

During the ordering process and until payment, you can cancel or modify your order. Online payment becomes effective after the validation of any order either directly by Apple Pay or Google Pay. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

2.3.3 Prices and availability of products

Recisio reserves the right to change prices and availability of any product at any time.

2.3.4 Electronic signatures and contracts

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Service, including notices of cancellation, policies, contracts, and applications.

2.4 Cancellation

Recisio may deactivate, without notice or allowance, your account in case of violation by you of these general conditions, of nonpayment by you of the due sums, or other acts against Recisio's interests. In addition, if you wish to cancel your account, please follow the procedure from the app on your profile information screen. Or transmit your request by email at support@jamzone.com or to Customer Service Jamzone - Recisio 74 rue des Arts - 59000 Lille - France.

2.5 Withdrawal

With regard to the supply of digital content not supplied on a tangible medium whose performance has begun with the express prior consent of the user in accordance with the local and international commerce regulations, there is no right of withdrawal for purchases of content on the Jamzone Service. That said, you have the right to test for free our products/services and to ensure with no cost that they match your expectations through the free downloads and previews of music titles.

3. DEVICE AND SYSTEM REQUIREMENT

The Jamzone Service is available through Jamzone dedicated apps (macOS, iOS, iPadOS, Android). Use of the Jamzone service requires a compatible computer / mobile system and Internet access. As the use of the service requires hardware, software, and Internet access, the User's ability to access the service may be affected by their performance in these. You acknowledge and accept that these technical requirements, which may change from time to time, are your responsibility. The service is not part of any product or offer, and no purchase or acquisition of any other product whatsoever can be interpreted as procuring for or guaranteeing the user access to the service.

4. USE AND INTELLECTUAL PROPERTY

4.1 Copyrights

In the context of the services that are the subject of these Terms of Service, all documents, texts, works, illustrations, and audio files to which Jamzone provides access either directly or via the intermediary of a sub-licensed third party, are protected by copyright and by database law, in accordance with the intellectual property law rules applying in the relevant country.

4.2 Personal and non-commercial use

The Jamzone service and any content viewed through the service are for use only as personal and non-commercial use detailed in paragraph 2. It may not be shared with individuals beyond your household. Use of the Jamzone service and its contents will grant you a limited, non-exclusive, non-transferable right. Except for the foregoing, no right, title, or interest shall be transferred to you.

4.3 Misuse and fraud

You agree not to archive, reproduce, screenshot, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Jamzone service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Jamzone service; use any robot, spider, scraper, or other automated means to access the Jamzone service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Jamzone service; insert any code or product or manipulate the content of the Jamzone service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Jamzone service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.

4.4 Simultaneous device limitation

You can access your Jamzone account on a maximum number of three devices simultaneously.

5. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of France. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. Any litigation in relation to these Terms of Service shall be submitted to the exclusive jurisdiction of the courts of Lille, France.

6. UNSOLICITED MATERIAL

Jamzone does not accept unsolicited materials or ideas for Jamzone content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Jamzone.

7. CUSTOMER SUPPORT

To obtain more information about our service and its features or if you need help to use your account, you can contact us through the “contact us” page on our website: https://jamzone.com/contact or by email at support@jamzone.com.

Customer support is open during weekdays from 9am to 6pm CET.

8. SURVIVAL

If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

9. CHANGE TO TERMS OF SERVICE

Jamzone may, from time to time, change these Terms of Service. We will notify you at least 30 days before such changes apply to you.

10. ELECTRONIC COMMUNICATIONS

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.



Last update: October 23, 2021