BOJAM TERMS OF SERVICE

1. ACCEPTANCE OF TERMS OF SERVICE

Welcome to Bojam. We offer users the opportunity to upload or record their original tracks into our dynamic library of instrumental and vocal tracks and to use our Web-based recording studio to create mixes by adding and editing tracks contributed by other musicians.

The service is offered through the website www.bojam.com (the "Site") and may in the future be offered through any software, application, embeddable widget or other distribution platform offered by Bojam, Inc. (together with the Site, the "Service"). The Service is offered to you on the condition that you accept all of these Terms of Service (the "Terms of Service").

By using the Service in any way or by creating an account at Bojam, you agree to be bound by these Terms of Service.

If you do not agree to all of the terms and conditions contained in these Terms of Service, do not use the Service in any manner. We reserve the right to limit or terminate your access to the Service if you do not comply with these Terms of Service.

You must be 13 or over to use the Service. If we become aware that you are under 13, we may terminate any accounts that you have created and terminate your access to the Service. If you are 13 or over but under 18, you may use the Service but you are not eligible to create an account or to submit content without your parent's or guardian's consent. If you are a parent or legal guardian creating an account on behalf of a minor for whom you have legal responsibility, you hereby agree to these Terms of Service on behalf of that minor and acknowledge that you are responsible for that minor's compliance with the Terms of Service.

2. CHANGES TO TERMS OF SERVICE

We may change these Terms of Service at any time. If we make a change, we will post them under the link "Terms of Service" on the front door of the site and the new terms will become effective upon posting. Your use of the Service after the date that the new Terms of Service are posted will be subject to the new Terms of Service. If required by law, we will send you an email notification in accordance with Section 12 and we may require that you respond with your consent to the new terms as a condition to your continued use of the Service. Please check the Terms of Service by following the link on the front door periodically for changes.

3. YOUR PRIVACY AND YOUR ACCOUNT

Your use of the Service is subject to the Bojam Privacy Policy.

You agree that all account information that you submit is accurate and that you will not impersonate any person when you create an account. If we have reason to believe that the account information that you have provided to us is not accurate, we may terminate your account and/or your access to the Service.

Your account is password-protected. You are responsible for all activity in your account, including charges to your account. You are responsible for maintaining the confidentiality of your password. Do not share it with any person. If you share your password with any person, we are not responsible for any actions that person may take.

If you believe that someone has accessed your account without your permission, or if you become aware of any other security breach, contact us at Customer Support.

Bojam is located exclusively in the United States and all content and data is hosted on servers in the United States. You consent to the transfer, collection and processing of any information that you provide us, including personal information, in the United States. Our collection of any information about you is governed by United States laws.

4. CONTENT THAT IS SUBMITTED TO THE SITE

Bojam allows you to submit instrumental tracks, vocalizations, musical compositions, lyrics, audio files, audio-visual files, photos, images, text and other data ("Content") to the Service. You are solely responsible for all Content that you submit to the Service ("Your Content"), including any usage that you make of Your Content outside of the Service.

Content Standards

You represent that you posses all necessary rights and authorizations to submit Your Content to the Service and that Your Content does not violate any copyright, trademark, patent or other proprietary or intellectual property right of any person

You agree that Your Content will not include any pre-existing recording, including samples, other than original recordings of your own performances that you have made yourself.

You agree that Your Content will not:

  • be harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
  • seek to harm children or expose them to any inappropriate content
  • be obscene, pornographic, excessively violent or sexual;
  • be illegal, encourage any illegal activity or discuss illegal activities in a manner that indicates intent to commit them (illegal activities include child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity);
  • be defamatory, libelous or invasive of another's privacy or publicity rights, or discloses any personally identifiable information about any person;
  • pretend to be from someone other than you; be antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding, "trolling", or "griefing"
  • contain software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

License to Your Content
Special Rules for Mixes

Bojam allows users to take items of Content submitted by other users, such as instrument or vocal tracks, and arrange them into a mix that is available solely through streaming on the Service. You agree that the distribution or performance of any mix, other than through streaming on the Service, is prohibited. You also agree not to record any mixes available through the Service.

Bojam may in the future offer users the opportunity to transform mixes into recordings that may be distributed through downloading or other distribution methods (a "Recording"). Any creation and distribution of a Recording will require the consent and agreement of all users whose Content is included in the Recording through a consent process administered by Bojam. You understand and agree that any creation, distribution or performance of any Recording may require additional licenses or the payment of additional royalties to rights holders, even if all users whose Content is included in the Recording consent to such distribution or performance. For example, the creation and distribution of Recordings that are cover songs may require the payment of a mechanical license fee to the owner of the musical composition represented by the cover song.

Right to Refuse Content

We reserve the right to refuse to post or to remove Your Content at any time in our absolute and sole discretion without prior notice. We have no duty to monitor or pre-screen Your Content or other peoples' Content, but we may do so if we elect. If we elect to screen Content, there may be a delay in making the Content available on the Service.

5. NO RESPONSIBILITY FOR OTHER USERS' OR THIRD PARTIES' CONTENT, SITES OR ACTIONS

You understand that the Service allows users to interact with each other and to post Content without prior screening or review. We do not verify users or conduct any research or background check. We do not evaluate or control exchanges between users. Any opinions or statements, Content or actions of a user are the responsibility of the user alone, and not of Bojam, and we will have no obligation to you with respect to user opinions, statements, Content or actions.

In addition to user content, the Service may also contain Content provided by other third parties, including our partners and advertisers. The site may also contains links to third party sites that are not under the control of Bojam. We are not responsible for, and do not guarantee the accuracy or integrity of, any third party content or for any third party service or site accessible through links or advertisements on our Service. The inclusion of any advertising, promotional information or links does not imply that Bojam endorses or accepts any responsibility for the third party's content or services.

Bojam is not responsible for any dealings between you and any third party whose site or services are available or linked to through the Service.

6. BOJAM'S INTELLECTUAL PROPERTY RIGHTS; PROBHITED USAGE

"Bojam" is the trademark of Bojam, LLC. All third party trademarks, trade names, service marks and service names displayed on the Service are the property of their respective holders.

The Service contains proprietary information and materials that are owned by Bojam or its users or licensors and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use any content, information or materials available through the Service in any way whatsoever except for your personal, non-commercial use of the Service in compliance with the terms of these Terms of Service.

You understand that the Service is offered to users for their personal use only. You may not use the Services as part of your business or for any commercial purpose. You may not use the Service to advertise products or services in any way. You may not copy, reverse engineer, frame, scrape or reproduce the Service or any content included in the Service in any way.

You may not use the Service to contact other users other than in connection with collaboration around the creation of Content and mixes. For example, you may not scrape user data or use the Service to send spam or other unwanted communications to users.

7. COPYRIGHT POLICY

Bojam does not encourage or tolerate copyright infringement. Do not submit any Content to the Service unless you have all necessary rights to do so. It is your responsibility to ensure that you have all necessary rights to Your Content.

We reserve the right to remove any content from the Service at any time without notice or liability.

It is the policy of Bojam to terminate all privileges of any user who repeatedly infringes the copyright rights of others.

If you believe that your work is being displayed or performed on the Service in a way that constitutes copyright infringement, provide our Copyright Agent with a written notification that contains the following information:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • 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 notification 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.

Notice may be sent to our Copyright Agent as follows:

By mail to:

540 University Avenue, Suite 50
Palo Alto, CA 94301

Or by email to:
copyrightagent@bojam.com

8. SUBMITTED IDEAS

We love to get ideas from our users about the Service. Please be aware that we are free to use any ideas, suggestions or content that you submit to us without any compensation or credit, so please don't send us anything or post anything to the Service if you are looking for either of those things. You grant to us a perpetual, worldwide, non-exclusive, royalty-free transferable license to use us in any manner whatsoever any ideas, suggestions or content that you send to us.

9. SERVICE INTERRUPTION AND TECHNICAL FAILURES

On occasion, technical problems may delay or prevent your access to the Service. Bojam will have no responsibility for your inability to access the Service. We will not be responsible for the loss of any Content or mixes as a result of any technical or system failure.

10. CHANGES TO OR TERMINATION OF THE SERVICE

Bojam may make changes to the Service from time to time, including by adding or removing features, content and tools. We may decide to implement a fee for the Service in the future, in which case we will make an announcement on the Site.

Bojam may terminate the Service at any time without liability to you.

11. TERMINATION OR SUSPENSION OF YOUR ACCOUNT

Bojam reserves the right to terminate your account or permanently or temporarily restrict your access to the Service, without any liability to you, under the following circumstances: (b) you have violated the terms of these Terms of Service or otherwise acted inconsistently with their spirit or letter; (c) Bojam determines that you have provided inaccurate information in connection with your registration; (d) in response to requests by law enforcement or other government agencies; and (e) engagement by you in fraudulent or illegal activities or activities that disrupt other users' enjoyment of the Service.

Bojam reserves the right to inform law enforcement of any illegal activity or material that it suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated. See our Privacy Policy for further information.

12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Bojam does not represent or guarantee that the Services will be error-free or that your usage will not be interrupted.

ALL INFORMATION AND SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED "AS-IS"AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND BOJAM HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, BOJAM DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Bojam's warranties shall be limited in those jurisdictions to the extent permitted by law.

BOJAM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO:

  • ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE;
  • ACTIONS TAKEN OR CONTENT POSTED BY THIRD PARTIES OR OTHER USERS;
  • OUR FAILURE TO STORE, OR OUR LOSS OF, YOUR CONTENT;
  • ANY THIRD PARTY SERVICES ORDERED THROUGH THE SERVICE;
  • YOUR LOSS OF USE OF THE SERVICE.

If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages described above, then Bojam's liability shall be limited in those jurisdictions to the extent permitted by law.

13. INDEMNITY AND WAIVER

You agree to indemnify, defend, and hold Bojam and its affiliates, officers, directors, employee, agents, licensors, representatives and third-party providers harmless from any damages, liability, claim or demand due to or arising out of:

  • your use of the Services,
  • your violation of these Terms of Service or the Privacy Policy,
  • your violation of any rights of any user or other person,
  • your Content, and
  • any action taken by Bojam or its partners in investigating any suspected violation or in taking action to address any violation.

Indemnification shall include the payment of reasonable attorneys fees incurred in defending the claim.

Bojam reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Bojam in asserting any available defenses.

In addition, you agree to waive any right to sue or recover any damages from Bojam and its affiliates, officers, directors, employee, agents, licensors, representatives and third-party providers as a result of any decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Bojam's conclusion that a violation of these Terms of Service may have occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Service.

14. DISPUTES

By accessing the Service, you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state courts in Santa Clara County in the State of California, USA and to the federal courts for the Northern District of California. You hereby consent to the jurisdiction of those courts.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Terms of Service or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred.

15. NOTICES

We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Service or to the Service. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any breach of security involving your personally identifiable information through email.

Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

16. GENERAL INFORMATION

These Terms of Service, the Privacy Policy and any applicable guidelines posted on the Services govern your use of the Service and constitute the entire Terms of Service between you and Bojam regarding your use of the service. These Terms of Service supersede any prior Terms of Services between you and Bojam relating to your use of the Services (including, but not limited to, any prior versions of these Terms of Service or the Privacy Policy). Notwithstanding the foregoing, Bojam may offer special promotions or events, such a contests, guest artist events or special mixing opportunities, that may have additional terms and conditions which may supplement these Terms of Service, and your participation in those events will be subject to those additional terms. These Terms of Service are not assignable, transferable of sub licensable by you except with Bojam's prior written consent.

These Terms of Service are not assignable, transferable of sub licensable by you except with Bojam's prior written consent.

The failure of Bojam to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. If a court of competent jurisdiction finds any provision of these Terms of Service to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. All headings in the Terms of Service are for convenience only and have no legal or contractual effect.

17. CONTACTING BOJAM

Please contact us at the following address with any questions concerning these Terms of Service or to report any violations of these Terms of Service.

Bojam, Inc.
540 University Avenue, suite 50
Palo Alto, CA 94301

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