1.1 The terms set forth in this Pro Subscription (hereunder “Subscription”) Music License (this “Agreement”) apply to your use of the Subscription provided by Recisio SAS, “Recisio” (74, rue des Arts, 59000 Lille, France. Registered in the trade register under the RCS number 515 253 128 00026, telephone: +33 3 20 95 37 54) to access the Jamzone ® Service(s).
Any translation of this Licensing Agreement from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms and Conditions. If you wish to receive these Terms and Conditions and relevant documents thereto in another language, please contact us via the contact details provided below.
2.1 In this Agreement the following words and expressions shall have the following meanings:
“Jamzone 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 the service provided by Jamzone.
“Music Piece” means each and every sound recording contained in the Jamzone music catalog in the Jamzone Service(s) from time to time.
“Free plan” & “Premium Subscription” means the music license offered by Jamzone, including access to the Jamzone Service(s) and the right to use the Music Pieces in accordance with the terms set forth in this License.
3.1 Subject to the terms and conditions of this Agreement, Recisio hereby grants to you for the term of this Agreement, the right to use the Jamzone music catalog in the Jamzone Service(s) to play and perform only in your strictly private circle.
3.2 The Free plan and Premium Subscription are not intended to cover commercial use cases. You may not distribute any Customer Productions incorporating Music Pieces via any digital or physical formats.
3.3 You may not sub-license the rights granted to you under Section 3.1.
4.1 Subject to your compliance with this Agreement, you cannot publish publicly Customer Production, and therefore not receive remuneration from the display of third-party ads on social media platforms, such as YouTube, offering such possibilities (i.e. you may clear your Customer Productions for monetization).
5.1 For the rights granted herein you will be charged a subscription fee at the beginning of each Subscription Period (as defined in Section 6.1 below), in the amount stated in the subscription section on the Jamzone website. The subscription fee constitutes a fixed sum and no additional fees will be owed by you in relation to your permitted use of the rights granted herein to (i) Recisio, (ii) any performer, producer, or other person involved in the creation of the Music Pieces or (iii) any collecting society except where the collection is exclusively delegated to such society by local statute, irrespective of the membership of, or any contractual mandate from, any of the composers, performers or other rights holders in the Music Pieces.
5.2 Recisio may change the subscription fee from time to time and will communicate any such changes to you in advance. Price changes will take effect no earlier than at the start of the Subscription Period following the date of the change. If you do not accept the price change, you may terminate your Subscription at any time prior to such price change.
6.1 This Agreement shall enter into force upon your acceptance of the terms set forth herein and will be automatically prolonged for periods of one (1) month (each such period constitutes a “Subscription Period”) until terminated by you or by Recisio prior to the end of the then-current Subscription Period.
6.2 Recisio has the right to terminate your Subscription and this Agreement and to suspend your access to the Jamzone Services at any time in the event of your actual or suspected unauthorized use of the Music Pieces or non-compliance with the provisions set forth in this Agreement.
6.3 To the fullest extent permitted under applicable law and except as otherwise stated herein, you agree that Recisio will have no liability or responsibility to you and that Recisio will not refund any amounts that you have already paid if you terminate this Agreement or if Recisioterminates this Agreement or suspends your access to the Jamzone Service(s) in accordance with the provisions herein.
6.4 After termination of this Agreement has taken effect, you are no longer entitled to use and access the music catalog and shall return to Recisio, or otherwise destroy or remove from any storage, any and all copies of the music catalog and the Music Pieces contained therein.
7.1 Recisio holds all copyrights and neighboring rights in and to the music catalog and the Music Pieces provided herein.
7.2 You hereby acknowledge that you do not acquire any proprietary rights as a result of this Agreement in relation to any Music Pieces. The Music Pieces are the sole property of Recisio.
8.1 Neither party is granted any right or interest in or to the trademarks, brands, or trade names of the other party. Neither party may use the other party’s trademarks, brands, or trade names without the prior written consent of the other party.
8.2 Credit shall - to the extent reasonably possible, in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers - be accorded in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Piece courtesy of www.jamzone.com”. The above credit will, if possible, be displayed as a hyperlink to www.jamzone.com.
8.3 Jamzone reserves the right to use any Customer Productions using a Music Piece from its catalog for marketing and communication purposes about its product and services.
9.1 Subject to the liability limitations set forth below, each of the parties will be liable for any direct damages incurred by the non-breaching party as a result of the breaching party’s breach and/or failure to perform its obligations under the Agreement.
9.2 Except as noted below, neither party will be liable to the other for any special, indirect, incidental, consequential, or exemplary damage, including, but not limited to, lost profits.
9.3 In no case will recisio be liable to you for damages that correspond to a higher value than all license fee amounts received by recisio from you under this agreement during the twelve (12) months prior to the time such damage arose.
9.4 The above limitations of liability do not apply with respect to damage occasioned by fraud, wilful misconduct, or gross negligence of a party.
10.1 You acknowledge and agree that the Jamzone Service(s) are provided ”as is” and Recisio disclaims all warranties express or implied, including but not limited to (a) implied warranties of merchantability or fitness for a particular purpose; (b) warranties as to the quality or performance of the materials, information, goods, services, technology and/or content provided under or in connection with this agreement, including but not limited to any limitations on user access to or use of the content; and (c) warranties as to the performance of computers, technology and/or networks.
10.3 Any notice of breach or termination hereunder shall be sent via express or registered mail. Notices sent to Recisio shall be sent to firstname.lastname@example.org. Notices to Licensee shall be sent to the address provided by Licensee in its online account with Jamzone. Notices will be deemed delivered upon receipt or three (3) business days after deposit with such mail service.
You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without Recisio’s prior written consent. Recisio may transfer this Agreement and/or wholly or partially assign or pledge any of its rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.
If one or more of the provisions contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect under applicable mandatory law, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.
Occasionally Recisio may, at its discretion, make amendments to this Agreement. If Recisio makes amendments to this Agreement that Recisio deems material for you, Recisio will notify you through the website. By continuing to use the Jamzone Service(s) after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.
This Agreement shall be governed by and construed in accordance with the laws of France, without regard to its principles of conflicts of law.
Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, or invalidity thereof shall be finally settled by a public court with the Lille district court as the court of first instance.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the services offered hereunder. Software related to or made available by the services offered hereunder may be subject to export controls, and, except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to export controls or sanctions.
Last updated 10 August 2022