Canceling your In-Store license / your free trial
You can cancel your free trial directly from your dashboard. Here click on the ‘Cancel free trial’ button in the top right corner.
Canceling the free trial will cancel the automatic renewal at the end of the 14 days. You will still be able to stream the music during those 14 days.
How to cancel your In-Store license
Note: deleting your account will not cancel your license, nor the automatic renewal of it.
Do you have a yearly license subscription? Then you can cancel your license at any time directly from your client space. Simply click on the ‘Cancel my Subscription’ button below your current license.
This will cancel the process of the automatic renewal of your In-Store license. Your license will remain valid for the remaining time period of your license.
Note: you can access the certificates and invoices of all your In-Store licenses also after they have been canceled/expired.
GENERAL TERMS OF USE — JAMENDO
JAMENDO is a platform for the online distribution of musical works providing services for artists, users and companies. The JAMENDO services are operated by the company under Luxembourg law:
JAMENDO S.A
51 Rue de Strasbourg
L-2561 LUXEMBOURG
LUXEMBOURG
Tél: +33 1 76 39 01 45
Email: contact@jamendo.com
RCS n°: B0104301
TVA n°: LU22234927
The services provided by JAMENDO can be found on www.jamendo.com and are hosted by Jamendo S.A. and its service providers, Broadcasting Center Europe (www.bce.lu) and Radionomy SA (www.radionomy.com).
These General Terms of Use govern the use of the JAMENDO Services. By using JAMENDO Services, whether or not they require a registration, you agree to be bound by these Terms of Use.
These Terms of Use were updated in January, 2018.
CLAUSE 1. DEFINITIONS
ALBUM: shall mean a set of Works published by the Artist on JAMENDO.
ARTIST: shall mean a Member who published the Works on JAMENDO and who is the sole owner of the rights, or represent all owners of rights on Works published.
ARTIST ACCOUNT: shall mean the Artist’s personal webpage that can be accessed after having published his/her Works on JAMENDO — and through which the Artist has access to an interface, the Artist’s Transactions Account if the Artist has registered for «JAMENDO LICENSING» Programs and information relating to the management of his Works and his personal data.
CERTIFICATION: shall mean the declaration completed and signed by the Artist that may be requested at the time the Works are uploaded on JAMENDO in which the Artist reiterates some of the obligations enumerated in these General Terms of Use.
GENERAL TERMS OF USE: shall mean these General Terms as well as any future amendments.
ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any intellectual property rights, personality or publicity rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.
JAMENDO or SERVICES: shall mean the company established under Luxembourg law called JAMENDO SA and/or the collection of services provided by JAMENDO available free of charge, on websites and mobile devices, on www.jamendo.com.
JAMENDO LICENSING: shall mean the service enabling Artists to become involved in commercial Programs and/or promotional operations through partners of JAMENDO that may or may not remunerate Artists.
LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org), or any other license allowing a similar distribution of the Works, proposed by JAMENDO to the Artists for the distribution of their Works.
MATERIAL: shall mean all documents of any kind (lyrics, album covers, photographs, drawings, biographies etc.) to be used for the online distribution and promotion of the Works.
MEMBER: shall mean one or all of the Users and Artists whose registration for the Services offered by JAMENDO has been validated and confirmed.
PARTNERS: shall mean any third party, natural or legal person, client, partner, affiliate with whom JAMENDO has established or will establish commercial relations.
USER ACCOUNT or PROFILE: shall mean the personal webpage to which the Member can access using an user name and a password after registering on JAMENDO, and containing information related to his registration and personal data he provided.
USER or YOU: shall mean any person accessing JAMENDO’s Services.
WORK(S): shall mean the musical works made available to Users of JAMENDO by Member Artists.
CLAUSE 2. REGISTRATION
JAMENDO gives access to many services which may be restricted to registered Members.
2.1 — How to register
The use of some Services offered by JAMENDO may require to register as a «Member» and provide information by filling a form to allow User identification.
The Member commits to provide JAMENDO with correct and comprehensive information and maintain up-to-date information by using the User Account, to which registration gives access.
2.2 — Use of username and password
A username and password give access to Services restricted to Members, as well as to the User Account. The username and password are strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
Members are personally responsible for their identification details and must use them in accordance with the provisions of these General Terms of Use.
Each Member shall hold JAMENDO harmless from and against any wrongful use of the Member’s identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the Member’s own acts or omissions, or those of a third party who has accessed the Member’s identification details. Please note that JAMENDO provides no guarantees to its Members on this last point and does not have the necessary technical resources to verify the real identity of persons registering for its Services or take responsibility for the acts or omissions of such persons. JAMENDO may not be held liable in the event of a theft of identification details and/or the identity of one of its Members.
If a Member notices or suspects any fraudulent use of his or her User Account, said Member must immediately inform JAMENDO by sending an e-mail to legal@jamendo.com.
CLAUSE 3. USE OF SERVICES
3.1 — Artist Account creation
Registered Members may create one or more Artist profile by going on https://artists.jamendo.com and providing the requested information in the Artist profile creation form.
The Member represents and warrants that he or she will provide correct and complete information and maintain up-to-date information by using the Artist Account, to which the Artist profile creation gives access.
3.1.1 — Works publication and withdrawal by Artists
Artists shall publish their Works directly online through their Artist Account by clicking on «Upload your music».
For each publication, the Artist commits to fill in the requested information sheet by specifying for each Work and each Album, the real name of all right holders and the License selected (see Clause 3.1.2 below).
The Artist is responsible for providing JAMENDO the Materials that may be used for the distribution and promotion of the Works simultaneously with providing the Works with.
The Artist may withdraw all or part of his Works at any time, through his Artist Account.
In any case, the Artist represents that he has been informed and accepts that any Works that have been downloaded by Users or any third party authorised by JAMENDO prior to their withdrawal from the Services may continue to be distributed, shared and reproduced by any means. The Artist represents that he will hold JAMENDO harmless from and against any third-party claims in this respect.
3.1.2 — Selection of the Creative Commons License or «CC» License
Artists shall select a CC License when they publish their Works and Materials on JAMENDO, for each Work or for an entire Album. Depending on the type of CC License chosen by the Artist, Users may benefit from more or less extensive rights on the Works and the Materials of the Artist. Certain CC Licenses enable Users to make commercial use of the Artist’s Works without compensation for the latter. Should the Artist wish to participate in the Commercial Programs offered by the JAMENDO LICENSING service, which may or may not give rise to compensation for the Artist, it is advisable for the Artist to preferably opt for a non-commercial CC License (NC) from among the six (6) CC Licenses listed below.
(1) CC-BY (Attribution) : enables users to distribute, remix, arrange, and adapt your work, even for commercial purposes, provided that credit of the original creation of the Work is attributed to you by citing your name.
(2) CC-BY-SA (Attribution — Sharing under the Same Conditions) : enables users to remix, arrange, and adapt your Work, even for commercial purposes, provided that credit is given to you by citing your name and that the creations derived from your Work are distributed under identical conditions.
(3) CC-BY-ND (Attribution — No Derivative Works) : allows redistribution, whether or not for commercial purposes, provided that the original work is distributed unmodified and in its entirety, with attribution and citing of your name.
(4) CC-BY-NC (Attribution — Non-commercial Use) : enables users to remix, arrange, and adapt your Work for non-commercial purposes and, although the creations derived from your Work must credit you by citing your name and not constitute a commercial use, they shall not be distributed under the same conditions.
(5) CC-BY-NC-SA (Attribution — Non-commercial Use — Sharing under the Same Conditions) : enables users to remix, arrange and adapt your work for non-commercial purposes provided that you are credited by citing your name and that the creations derived from your Work are distributed under the same conditions.
(6) CC-BY-NC-ND (Attribution — Non-commercial Use — No Derivative Works) : this license only authorizes users to download and share your Works provided that you are credited by citing your name, but they may not be modified in any way whatsoever nor used for commercial purposes.
3.1.3 — Rights granted to JAMENDO
The Artist grants JAMENDO, for the duration the Work is online, the worldwide, royalty free and non-exclusive rights to:
- reproduce and have reproduced, fix and have fixed on any media, publish and have published, broadcast and have broadcast, distribute and have distributed or transfer in any format, the Works and the Materials provided by the Artist;
- adapt the Works and the Materials in any format to meet JAMENDO’s or its partners’ requirements;
- use the Works and the Materials on any media to promote the Artist and JAMENDO;
- monetize the JAMENDO’s services by inserting advertisement that may or may not remunerate Artists.
The Artist guarantees that he is the sole right holder on the Work or that he officially represents and has the capacity to commit in the name of all right holders on the Work.
The Artist also guarantees, or guarantees on behalf of the right holders he represents, that he holds sufficient rights on the Work and that he is not bound, in any possible way, to any public or private entity, and especially but not limited to, that he is not a member nor contractually bound to any collecting society in the world, nor any entity performing the same duty, any private company and notably distributing company, broadcaster, producer or label, in a manner that would restrict his right to grant to JAMENDO or its Users, the rights and Licenses provided for by these General Terms of Use.
The Artist commits, or commits on behalf of the right holders he represents, not to violate these General Terms of Use and notably the obligations enumerated in the current Clause, for the duration of Works being on JAMENDO, and not act in any manner which may conflict with rights acquired by third parties, notably JAMENDO’s Users, which may continue after an eventual withdrawal of the Works from JAMENDO.
The Artist guarantees JAMENDO, from and against any claim which may result from the violation of the obligations enumerated in the current Clause.
The Artist commits not to promote competitors from JAMENDO or JAMENDO LICENSING on the Services including, but not limited to, Artists’ profiles, Albums’ page, Works’ pages, forums, chatting area, and pages dedicated to JAMENDO or JAMENDO LICENSING on third parties services (notably social networks).
JAMENDO may request the Artist to complete and sign a Certification at the time the Works are uploaded in which he reiterates some of the obligations enumerated in the current Clause and in these General Terms of Use.
3.2 — Technical Information
The Works may be downloaded in MP3 format and may be offered in different formats from time to time depending on the evolution of the Services. Third-party software may be required for the downloading of the Works.
- faulty use of the Services owing to unsuitable equipment;
- malfunctions caused by Your Internet service provider; Internet network congestion.
3.3 — User obligations
3.3.1 — Use of Artists’ Works
Each Work is made available to Users under one of the Licenses offered by JAMENDO. The chosen License is indicated on the page dedicated to each Work by an icon or any other mean. By clicking on this icon, You can find information about the terms and conditions on which the Artist and JAMENDO allow You to use the Work.
You commit to use the Work in conformity to these General Terms of Use and the License under which the Work has been published, and more generally, not to infringe any intellectual property rights held by Artists.
JAMENDO offers the possibility for Artists and Users to insert on their blogs, personal websites, social networks profiles and more generally any website, a software composed of a code, a Widget and a player allowing one or more Works to be played. This insertion, and the way in which the Works are distributed, must comply with the provisions of the Licenses and these General Terms of Use. Additionally, they must also comply with the guidelines of Your hosting company.
You agree to hold JAMENDO harmless from and against any claims by any third party in relation to any complaint and/or action regarding the insertion and/or distribution of the Works.
3.3.2 — Use of JAMENDO services
You undertake not to post inappropriate or abusive content and to act loyally towards JAMENDO, its partners and all Users.
Accordingly, You undertake to refrain from publishing, by any mean, any content or information, in any form whatsoever:
- that may directly or indirectly harm any third party (natural person, legal person or group of persons);
- that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence (whether physical, verbal or psychological violence), and more generally that violates the laws in force;
- having the nature of personal information concerning a Member or any third party without said person’s express consent;
- that infringes the intellectual property rights of their authors and/or other right holders, whether alone or incorporated into or in association with any other content;
- and not using technologies of such a nature as to reduce, disrupt and/or prevent the normal operation of the Services;
You also undertake not to infringe the intellectual property rights of the content to which You have access when using the Services.
You agree that You are solely liable for the distribution of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other Materials through the Services.
In the event of a failure by a User to comply with any of the provisions of the General Terms of Use, JAMENDO may, without any prior warning, take any measure and notably shut down the User Account. Furthermore, JAMENDO may bring legal proceedings against the User.
In the event of a claim, complaint or proceedings arising out of wrongful conduct by a User or Member that directly or indirectly breach the provisions of these General Terms of Use, JAMENDO may take action against the User or Member whose acts gave rise to the claim, complaint or proceedings.
CLAUSE 4. PRIVACY AND PROTECTION OF PERSONAL DATA
Please refer to the “Privacy Policy” section on JAMENDO’s website.
CLAUSE 5. DONATIONS
Users can support Artists by making donations using the payment service provided by JAMENDO and notably Paypal. By using this service, you are subject to this service’s general terms of use and JAMENDO may not be held liable for said use.
The Artist shall provide the information required for this purpose in his Artist Account and notably his Paypal account name in order to receive the donations.
CLAUSE 6. INTELLECTUAL PROPERTY
Apart from the intellectual property rights regarding the Works, JAMENDO is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Services. They may not be reproduced without JAMENDO’s express consent.
JAMENDO hereby grants You a license to use them, strictly limited to accessing, downloading, reproducing on any digital media and use them, for private and personal purposes only, within the framework of Your use of the Services and for such time as You are registered for the Services.
When providing JAMENDO with content, of any kind whatsoever, excepts for Works which are subject to a specific treatment in these Terms of Use, You grant JAMENDO a worldwide, royalty free license for the duration of the publication of said contents. This license authorizes JAMENDO to reproduce, display, translate, digitize and use for advertising, commercial or non-commercial purposes, modify and adapt all of the contents for its Services. JAMENDO is also authorized to grant all of these rights to any third party or to any partners, for the exercise of these rights in accordance with the provisions of these Terms of Use.
With respect to the all Works and any other copyrighted material owned by third parties in the Services and/or on any Jamendo website, Jamendo is an Online Service Provider under the United States Digital Millennium Copyright Act or “DMCA” (17 U.S.C. § 512). Jamendo has implemented procedures to promptly remove such content or information submitted by users when it receives a proper notification of claimed infringement (“Notification”). Such Notification must be in writing and include the following six (6) elements: (1) physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed; (2) identification of the copyrighted work alleged to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and which should be removed (or have access disabled); (4) information sufficient to permit Jamendo to contact the complaining party, such as name, address, telephone number, and if the complaining party has an email address, the email address where the complaining party can be reached; (5) 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 (6) a statement that 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. The remaining procedures will be followed with respect to any counter-notifications received by Jamendo as well. Please submit any such takedown notice under the DMCA to copyright@jamendo.com with a copy mailed to:
Legal Department
Jamendo S.A.
51 Rue de Strasbourg
Luxembourg
L-2561, Luxembourg
CLAUSE 7. LIABILITY
7.1 — JAMENDO’s responsibility
JAMENDO may not be held liable neither regarding third party content and services described in paragraph 7.2, nor for the content published on Services by Users, without a prior notification.
JAMENDO have no general obligation to monitor content transferred or stored via its Services. If you find or consider that content on JAMENDO is manifestly illegal or violate these Terms of Use you can send a notification by e-mail to legal@jamendo.com or click on the link “Report abuse or copyrighted content” located on Works’ pages. You may also consult the page “Report Abuse” in which you will find more information about the procedure to respect in order to report an abuse.
JAMENDO may not be held liable in case of any damages, direct or incidental, including but not limited to profit or customers loss, loss of data or information stored on the Services, all Users being advised to store a backup copy of all their data and contents stored on the Services.
7.2 — Services and contents provided by third parties
JAMENDO’s Services may include links to other websites, and services and contents provided by third parties, including but not limited to social networks sharing buttons (for example Twitter and Facebook). JAMENDO does not have the control on these services and contents nor on websites accessible by said links.
JAMENDO’s liability may not be held for the use of these materials provided by third parties. By using these services, You accept to be subject to the service’s terms of use and/or privacy policy.
CLAUSE 8. TERMS OF USE MODIFICATION
JAMENDO may modify these General Terms of Use at any time. Unregistered Users shall refer to the latest version available on JAMENDO’s website. Registered Members will be informed of the modifications through their User Account or through a newsletter.
Without manifestation by the User of his will to unregister from JAMENDO, the new version of the General Terms of Use shall be considered as tacitly accepted fifteen (15) days after the notification to the User by JAMENDO of the existence of a new version.
CLAUSE 9. SEVERABILITY
In the event that one of the Clauses of the General Terms of Use is held to be invalid, the parties hereby agree that the other Clauses of the General Terms of Use shall remain valid and that the Terms of Use will remain in full force and effect.
CLAUSE 10. APPLICABLE LAW
These General Terms of Use are governed by the laws of Luxembourg. Any dispute relating to their interpretation and/or their execution shall be referred to the Luxembourgish jurisdictions excluding any other competent jurisdiction.
CLAUSE 11. LANGUAGE
These General Terms of Use have been originally drawn up in English. In the event of any discrepancy between these General Terms of Use translated into other languages and the English version, the English version shall prevail.
JAMENDO LICENSING GENERAL TERMS OF SALE
These General Terms of Sale (the “General Terms”) govern the terms and conditions by which the Client (the « Client » or « You » or « Your ») of Jamendo SA, whose registered office is located at 51 Rue de Strasbourg, L-2561 Luxembourg, Luxembourg, registered with the Trade and Companies Register of Luxembourg under number B104301 and with the VAT authorities under number LU22234927 (« Jamendo »), uses the Jamendo Licensing service (the « Service » or « Services ») set up by Jamendo and through which the Client obtains, through the purchase of various licenses, the right to use musical works or any other audio content and related material (lyrics, album covers, etc) (the « Works » or « Music Works ») provided by the members of the Jamendo community (the « Artists ») and available in the Jamendo Licensing catalogue. By purchasing a license through the Service and by accepting these General Terms at the time of the purchase, You agree to be bound by all their provisions. These General Terms and the Jamendo Licensing Specific Terms generated at the time of the purchase (the “Specific Terms”) collectively comprise the « Agreement ». If You are accepting this Agreement on behalf of Your employer or another entity identified in the Client Account, You represent and warrant that You have full authority to bind Your employer or such entity. If You do not have such authority or You do not agree with this Agreement, please do not accept this Agreement and do not purchase any product or service on Jamendo Licensing.
2. Scope of the license
All rights in the Works, including, without limitation, all copyrights, related rights and other intellectual property rights which are not explicitly granted under these General Terms, are retained by Jamendo or the Artists.
2.1 Grant of license under Jamendo Licensing “In-Store” Program
(1) By purchasing an In-Store background music license, Jamendo hereby grants You a license which is non-exclusive, non-transferable, non-sub-licensable, limited to the duration indicated in the Specific Terms, as applicable, and enabling You to use playlists of curated Music Works available in Your personal Client space at https://licensing.jamendo.com/en/my-account/in-store-licensing (the “Music Works Selection”) as background music in a public place (broadcasting rights).
This license further authorizes You to reproduce the Music Works Selection on any analog or digital media for the purpose of broadcasting the Music Works Selection in the public place.
(2) Unless otherwise specified in the Specific Terms, In-Store licenses are granted for an initial duration of twelve (12) months (annual subscription) and automatically renew upon expiry for the same duration — a notification will be sent to the Client by Jamendo 45 days in advance for this purpose. You may terminate this license and prevent the auto-renewal by sending us a registered letter or an e-mail (talk-to-us@jamendo.com) at least one (1) month before the end of the license term.
Jamendo reserves the right to charge a new Fee (defined below) for the license renewal corresponding to the public fees in force at the time of renewal. In this case, You will be notified of the increase or decrease of the applicable fees prior to the expiration of Your license. Jamendo also reserves the right to restrict access to the Client Account and the Music Works Selection that is part of the In-Store license in the event of Your failure to pay the Fee upon renewal. In such event, interest calculated on the unpaid Fee at the rate of 1% per month shall be due and payable.
(3) After Jamendo’s acknowledgement of Your payment, You will be granted access to:
— a dedicated streaming page in Your Client’ space allowing You to play the In-Store Music Works Selection online;
— a dedicated download page allowing You to download the Music Works Selection in mp3 format; as mentioned above, the In-Store license authorizes You to reproduce the Music Works Selection on any analog or digital media for the purpose of broadcasting the Music Works Selection in the public place;
— the dedicated Jamendo In-Store mobile application (iOS, Android, Windows) as well as to the access codes allowing You to log into this application.
(4) After Jamendo’s acknowledgement of Your payment, You will be able to print a certificate listing the specific conditions of the license (identification of the Client, duration of the license, identification of the space in which the Works are used, etc.) from Your Client Account.
(5) The In-Store Music Works Selection will be updated on monthly basis by Jamendo without notice in order to add new Works or remove Works no longer part of the Jamendo Licensing In-Store offer. You agree that You will update accordingly at least every six months all copies of the Music Works selection that You have in Your possession.
2.2 Grant of license under Jamendo Licensing “Catalog” Program
2.2.1 General conditions of the Jamendo Licensing “Catalog” license
(1) By purchasing a license for music synchronization, Jamendo hereby grants You a worldwide, perpetual, non-exclusive, transferable (under certain conditions) and non-sub-licensable license to use and reproduce a Work as synchronized within a Project (defined below), for the uses enumerated below and depending on the type of license purchased (including broadcasting and distribution rights in the Project incorporating the Work, which rights shall vary in scope depending on Your choice of Catalog license: a «Personal» license, a «Standard» license, a «Large» license or a «Full Scale» license).
(2) You may transfer the completed work (videos, presentations, etc.), that is to say the Project containing the Music Work, to third parties (including but not limited to Your clients, licensees or broadcasters) for the purpose of reproduction and broadcast for uses permitted below, provided that such third parties shall have no other rights to use the Music Work (beyond its use as part of the synched Project) and cannot extract it from any completed work You provide.
(3) A Project (the “Project”) is defined as a single audio, multimedia or audiovisual creation. For example: (i) with respect to an audio creation, such as a podcast, a Project corresponds to one single episode (not the whole series of the podcast episodes); (ii) with respect to an audiovisual creation, a Project is the final cut of a single video.
2.2.1.1. «Personal» license permitted uses
a natural person, You may purchase a «Personal» license (private use on Your own behalf only). The permitted uses for a «Personal» license on a Work are the following:
(1) Modify or adapt the Work, for the purpose of the uses hereby permitted, provided that You may not modify the Work to the prejudice of any moral rights retained by the Artists;
(2) Use and reproduce the Work for the purpose of synchronizing the Work as background music for personal websites or personal blogs. For the avoidance of doubt, said synchronization of the Work shall only allow background (passive) listening experience by online end users;
(3) Use and reproduce the Work for the purpose of synchronizing the Work in personal videos or any other audiovisual or audio content created for Your private use and on Your own behalf only, and broadcast the Project containing the Work online on the Internet (video platforms such as YouTube, Twitch, Facebook, podcasts, family videos). Natural persons having a «Personal» license are prohibited from monetizing the Project containing the Work on any platform. The Work must be used by the Client in a synchronized form with other video or audio content. The broadcasting of the unsynchronized Work is prohibited.
2.2.1.2. «Standard» license permitted uses
A Standard license authorizes You to:
(1) Modify or adapt the Work, for the purpose of the uses hereby permitted, provided that You may not modify the Work to the prejudice of the any moral rights retained by the Artists;
(2) Use and reproduce the Work for the purpose of synchronizing the Work as background music for professional and commercial websites. For the avoidance of doubt, said synchronization of the Work shall only allow background (passive) listening experience by online end users;
(3) Use and reproduce the Work for the purpose of synchronizing the Work in professional, corporate and commercial videos, online advertisements and any audio content and broadcast the Project containing the Work online / on the Internet, for free or for a fee (e.g. non-monetized or monetized videos, podcasts, online talk shows, etc.; provided that broadcasting the Project through any type of free or subscription-based video on demand service is excluded from the “Standard” license). The Work must be used by the Client in a synchronized form with other video or audio content; broadcasting of the unsynchronized Work is prohibited. Broadcasting the Project incorporating the Work on radio stations themselves broadcast through cable, satellite and radio transmission is not included in the “Standard” license (only broadcasting on webradios is included in the “Standard” license);
(4) Use and reproduce the Work for the purpose of synchronizing the Work in a music-on-hold system for telephones or answering machines for one office or location only. For the avoidance of doubt, the Standard license does not cover any music-on-hold services for telephones or answering machines included in a service package offered by a company such as, for example, a reseller or a distributor;
(5) Broadcast the Project containing the Work internally within the company (for instance through its Intranet, for internal meetings, for training materials).
(6) Use and reproduce the Work for the purpose of synchronizing the Work in an unlimited number of Projects which all fall under a common theme or belong to one specific series of production, be it for instance a podcast or video series. In case of a YouTube channel, the Standard License authorizes You to synchronize the Work in all the videos uploaded on one specific channel. For the avoidance of any doubt, company videos relating to different products or services cannot be considered as videos belonging to a specific series and cannot therefore be addressed by only one Standard license.
2.2.1.3. «Large» license permitted uses
A «Large» license includes all uses permitted under the «Standard» license and further authorizes You to:
(1) Broadcast the Project containing the Work on FM radio stations (cable, satellite, radio transmission), in public places, at points of sale, at festivals, at professional trade fairs, at conferences (with an unlimited number of listeners and/or participants);
(2) Reproduce and distribute the Project containing the Work on any analog or digital media and any device (including but not limited to CD, DVD, Blu Ray, audio books and audio guides and video games) and in any format up to a maximum of 50,000 physical/digital copies;
(3) Reproduce the Work for the purpose of synchronizing the Work with a mobile application, and distribute the Project containing the Work in an unlimited number of digital copies, through the download of said mobile application on smart phones, connected devices and tablets via mobile applications stores including, among others, Google Play Store, Apple Store, Windows Phone Store, Amazon Store and Tizen. The Project to be synchronized may not, however, be a music mobile application enabling its users to listen to and/or download music. The Large license does not cover the use of the Work in mobile video editors or similar mobile applications allowing an unlimited number of end users to create an unlimited number of video projects containing the Work;
(4) Reproduce the Work for the purpose of synchronizing the Work in any software or PC/console video game and distribute — up to a maximum of 50,000 physical/digital copies — the Project containing the Work through any physical media, through download, streaming and app stores available on PC/video game consoles including, among others, Apple Store, Windows Store, Steam, GOG, XBLA, PlayStation Store, Origin, UPlay, etc.
(5) Use and reproduce the Work for the purpose of synchronizing the Work with any audio or video content (including films, documentaries, videos, advertisements) and broadcast the Project containing the Work in cinemas with a maximum of 100,000 viewers and on television with a maximum of 1,000,000 television viewers (regardless of the method of broadcasting, including cable, satellite, IP TV), on pay-per-view TV channels or free channels, it being understood that the Work must be used in a synchronized form with video content or other music or audio content (the broadcasting of the unsynchronized Work is prohibited).
(6) Reproduce and communicate the Work to the public in the framework of performing arts (e.g. theatre plays, dance exhibitions, fireworks, dance classes).
2.2.1.4. «Full Scale» license permitted uses
A «Full Scale» license includes the uses permitted under the «Standard» license and the «Large» license, and further authorizes You to:
(1) Reproduce and distribute the Project containing the Work on any analog or digital media and any physical device (including but not limited to CD, DVD, Blu Ray, audio books and audio guides, and video games) and in any format with an unlimited number of physical/digital copies;
(2) Broadcast the Project containing the Work in cinemas and on television (regardless of the method of broadcasting, including cable, satellite, IP TV) with an unlimited number of viewers (unlimited audience), as well as on any type of free or subscription-based video on demand service.
2.2.2 Catalog Packages
In addition to acquiring single licenses, Jamendo offers the Client the right to purchase various packages as described below.
2.2.2.1 License Packs
License Packs (also called “Track Packs” on Jamendo’s website) are available online on Jamendo’s website. A customized License Pack containing a customized number of licenses can also be requested by contacting the Jamendo team as indicated on Jamendo’s website. You can also request several Packs at the same time by contacting the Jamendo team.
A License Pack follows the terms of the corresponding License type as provided under these General Terms.
At any time, You can check the number of remaining licenses from the pack You have purchased in Your Client Account.
2.2.2.2 Yearly Unlimited Catalog Access (Unlimited access subscription)
(1) You have the possibility, as part of the «Catalog» Program, to subscribe to our «Unlimited access» subscription, which allows You to use an unlimited number of Works in an unlimited number of Projects within the framework of the Catalog license described in the Specific Terms. However, You must link each licensed Work to one Project.
(2) The Unlimited access subscription plan is described on Jamendo’s website and applicable fees and payment terms may vary.
(3) The Unlimited access subscription has a one (1) year duration and automatically renews for the same duration. You may terminate Your subscription and prevent its auto-renewal by sending us a letter by mail or an e-mail (talk-to-us@jamendo.com) at least one (1) month before its expiration. Jamendo reserves the right to charge a new Fee (defined below) at the time of the subscription renewal, depending on its then current fee. In this case, You will be notified about the increase or decrease in the applicable fees prior to the expiration of Your subscription. For the avoidance of any doubt, the one (1) year duration applicable to the Unlimited access subscription does not interfere with the duration of the selected Catalog license as provided for under Section 2.2.1.(1)
2.3 Grant of license under Jamendo Licensing “Livestream” Program
(1) By purchasing a Livestream background music license, Jamendo hereby grants You a license which is non-exclusive, non-transferable, non-sub-licensable, limited to the duration indicated in the Specific Terms, as applicable, and enabling You to use playlists of curated Music Works available in Your personal Client Account at https://licensing.jamendo.com/en/my-account/live-stream (the “Music Works Selection”) as background music in your Livestream (broadcasting rights). For the purpose of this license, Livestream shall mean any video content streamed live and accessible over the Internet. It shall include streaming on Twitch platform and other similar platforms (Periscope, etc.). For the avoidance of any doubt, the Music Selection can only be used to create a background musical ambiance while streaming the video content (such as playing a game and streaming the feed through Twitch). It cannot be used for synchronization purposes. The Livestream license does not allow You to use the Music Works Selection in livestreams on YouTube, nor does it allow You to upload the VOD (Video on Demand) of twitch streams on YouTube.
(2) Unless otherwise specified in the Specific Terms, Livestream licenses are granted for an initial duration of one (1) month (monthly subscription) and automatically renew upon expiry for the same duration. You may terminate this license and prevent the auto- renewal by sending us a registered letter or an e-mail (talk-to-us@jamendo.com) at least one (1) week before the end of the license term. You may also terminate this license in your Client Account.
Jamendo reserves the right to charge a new Fee (defined below) for the license renewal corresponding to the public fees in force at the time of renewal. In this case, You will be notified of the increase or decrease of the applicable Fee prior to the expiration of Your license. Jamendo also reserves the right to restrict access to the Client Account and the Music Works Selection that is part of the Livestream license in the event of Your failure to pay the Fee upon renewal.
(3) After Jamendo’s acknowledgement of Your payment, You will be granted access to:
— a dedicated streaming page in Your Client’ space allowing You to play the Livestream Music Works Selection online;
— a dedicated download page allowing You to download the Music Works Selection in mp3 format; as mentioned above, the Livestream license authorizes You to reproduce the Music Works Selection on any analog or digital media for the purpose of broadcasting the Music Works Selection in the specified livestream channel.
(4) After Jamendo’s acknowledgement of Your payment, You will be able to print a certificate listing the specific conditions of the license (identification of the Client, duration of the license, identification of the Livestream channel in which the Works are used, etc.) from Your Client Account. You will also be able to download a monthly invoice corresponding to the license Fee.
(5) The Livestream Music Works Selection will be updated on monthly basis by Jamendo without notice in order to add new Works or remove Works no longer part of the Jamendo Licensing Livestream offer. You agree that You will update accordingly at least every six months all copies of the Music Works selection that You have in Your possession.
2.4 Free Trial Offers
On its website Jamendo may offer to new clients a free trial of its Jamendo Licensing In-Store background music Service as well as of its Livestream background music Service for a defined number of calendar days as indicated for each Service on Jamendo’s website. Jamendo reserves the right, at its sole discretion, to determine Your eligibility for such a trial, and, subject to the applicable legislation, to restrict or modify a trial at any time, without notice or liability, to the widest extent authorized by law.
In order to start the free trial You will be required to provide Your contact details and banking information for credit card debit (unless You choose to pay by wire transfer in the case of the Jamendo Licensing In-Store background music Service).
At the end of the trial period, Jamendo will automatically charge You the price of the license which shall be due from the first minute following the end of the trial period. By providing Your banking information to Jamendo at the start of the trial You explicitly agree to this charging and to the corresponding payment unless You decide to cancel Your purchase and provided You do so before the end of the free trial period. In that case You must cancel Your purchase at the latest the minute preceding the end of the trial period, through Your Client Account or by sending an E-mail to talk-to-us@jamendo.com.
2.5 Prohibited uses
The following uses are prohibited under this Agreement:
(1) Any direct use of the Work, particularly making the Work available through direct download, streaming, as part of a compilation, by distributing CDs, DVDs, jukebox, or any other audio-only product containing a Work which is not synchronized or combined with other video or audio content.
(2) Any use of the Work in a way that is fraudulent, illegal, libelous, defamatory, offensive, discriminatory or in any way that promotes, solicits or encourages the infringement of intellectual property rights, including Artists’ moral rights, or otherwise brings Jamendo into disrepute.
3. Payment terms — Taxes — Customer’s right of withdrawal
(1) In consideration of the license granted and the Service provided under this Agreement, the Client shall pay a fee (the “Fee”) plus all taxes/VAT applicable (in the amount in effect on the date of the purchase) on the basis of the type of program offered through the Service and specifically selected at the time of the purchase.
Several options for payment of the Fee are available depending on the type of license purchased.
— Online payment through Jamendo’s website:
(a) Catalog license:
The Client may pay the Fee online by credit card or through their PayPal account. An invoice for the Fee and access to the Client Account and to the corresponding Music Work(s) shall be generated at the time of the online purchase and communicated to the Client. When the Agreement prescribes automatic renewal, the Client shall receive a notification stating that his credit card has been debited at the time of notification of renewal.
(b) In-Store license and Livestream license:
The Client may pay the Fee online by credit card. An invoice for the Fee and access to the Client Account and to the corresponding Music Works Selection shall be generated at the time of the online purchase and communicated to the Client. When the Agreement prescribes automatic renewal, the Client shall receive a notification stating that his credit card has been debited at the time of notification of renewal.
— Offline payment (not available for the Livestream license):
The Client may also pay the Fee offline by international bank transfer, subject to Jamendo’s right to invoice the Client additional bank and administrative fees (amounting to a flat rate of 10.00 EUR/USD/GBP). The purchase will be confirmed via notification to the Client once Jamendo has received the Fee. The purchase invoice shall be generated, and Your access to the Client Account and to the Work(s) enabled, once Jamendo has validated the purchase. If Jamendo does not receive the payment of the Fee within 30 days following the date of the order, the order shall automatically be cancelled.
Upon Jamendo’s purchase validation, the order is final, non-cancelable and non-refundable.
(2) You agree to pay for all the Services that You purchase through Jamendo and you authorize Jamendo to debit Your payment method for all Services purchased, as well as any additional amounts (including all taxes and late payment fees, if any) incurred by You or relating to Your Account. You are responsible for the timely payment of all Fees and for providing Jamendo with a valid payment method for the payment of any Fee and related charges. You agree to receive all invoices electronically, including by email. The total price shall include the price of the Services plus all applicable taxes/VAT (at the rate in effect on the date of the purchase).
(3) Right of withdrawal (at a distance purchase): If You are a consumer and purchased at a distance (i.e. online or over the phone), You are entitled to cancel Your purchase within 14 days from the date of the order without giving any reasons. To cancel Your purchase, You must inform Jamendo of Your decision. In order for the decision to be taken into consideration immediately, we recommend that You use the «Contact Us» section (talk-to-us@jamendo.com) or our online instant messaging program in order to cancel Your purchase. You also have the possibility of informing us by using the cancellation form template below or through any other clear statement. In order to comply with the cancellation period, You must send Your notice of cancellation before the expiration of the 14-day period.
Consequences of cancellation: Jamendo will refund You within a maximum period of 30 days from the date of receipt of Your notice of cancellation. Jamendo shall use the same payment method as that used for the transaction and no additional fees will be billed to You for the refund.
Exception to the right of withdrawal: You may not, however, cancel Your purchase as a consumer within said period of 14 days for the delivery of digital content if the download started following Your request and Your acceptance of the fact that in doing so, You lose Your right of withdrawal.
Cancellation form template:
— Recipient: Jamendo SA, 51 Rue de Strasbourg, L-2561 Luxembourg
— I hereby inform you of my decision to cancel my purchase for the following: (insert the reference of the purchase, type of license purchased, etc.)
— Ordered on (date)/received on (date)
Jamendo reserves the right, until a purchase is complete, to modify the prices of the Services, and Jamendo shall offer no discounts or refunds in the event of a price drop or a promotional offer subsequent to purchase.
(4) Any delay in payment of an invoice may result in an additional charge of one percent (1%) per month until payment is received. Jamendo also reserves the right to close the Client Account and terminate the Agreement.
(5) The Client is responsible for paying any bank or similar fees/charges, sales taxes, valued added taxes and withholding taxes imposed by any jurisdiction for use of the Works and/or deriving from the license granted to You.
4. Client representations and indemnification obligations
(1) The use of the Jamendo Licensing Services requires that You register and provide some personal information to Jamendo. You agree to provide Jamendo with accurate and complete information and keep it up-to-date. Login credentials may grant You access to some restricted Services. Such credentials are personal to You, and should not be shared with or disclosed to third parties under any circumstances. You agree to hold Jamendo harmless from and against any wrongful use of Your credentials or account, whether or not fraudulent, caused by Your acts or omissions, or those of a third party.
(2) You agree to defend, indemnify and hold Jamendo, its affiliates and the Artists harmless from and against any claims, costs, demands, expenses and liabilities which may result from breach by You or anyone acting on Your behalf or using your credentials or account of any terms of this Agreement.
(3) For each use of the Work You must give attribution to the Artist as follows: “Artist’s Name – Work’s Title”, except where technical constraints make it impossible to give such attribution. You shall also use Your best efforts to include “Provided by Jamendo”.
(4) If You purchase a Catalog license, You agree to transmit to Jamendo a copy of the Project in which the Work is incorporated, and authorize Jamendo to transmit this copy to the Artist for informational purposes only. You also authorize Jamendo to use its copy of the Project to promote its Services.
(5) If You purchase a Catalog license, You must not use the word “Jamendo” or any other element, including but not limited to, Jamendo design, colors, trademarks, domain name or logo, in a manner that suggests that the Project originates with or is endorsed by Jamendo in any way. You must also ensure that the Project user experience and appearance are not confusingly similar to the user experience, appearance or “look and feel” of any part of the Jamendo Services.
(6) You hereby agree and authorize Jamendo to use Your and/or Your legal entity’s name, logo, and/or trademark in order to promote Jamendo Services. You expressly authorize Jamendo to use these elements, for business reference purposes, on its website and in any presentation, report, case study, marketing materials and similar documentation.
5. Jamendo representations, indemnification and limitation of liability
(1) Jamendo represents and warrants that the Artists, by joining Jamendo Licensing’s platform and catalogue and accepting the Jamendo Licensing Distribution Agreement, represent and warrant that they hold sufficient rights in the Works to grant to Jamendo the required licenses for the distribution of the Works on the Jamendo Licensing platform and, through Jamendo, to its clients and partners under this Agreement. Accordingly, Jamendo represents and warrants that Your use of the Work(s) in accordance with this Agreement and in the form delivered by Jamendo will not infringe any third-party copyright or related intellectual property rights (i.e. neighboring rights).
(2) Provided that the Work(s) is (are) used by You in accordance with this Agreement and that You are not in breach of this Agreement, Jamendo shall defend, indemnify and hold You harmless from and against any claim that may result from a false statement by, or a breach of the Jamendo Licensing Distribution Agreement by, an Artist. However, any amount to which you are entitled is subject to the following conditions and limitations: (i) You must promptly notify in writing Jamendo of any such claim, as Jamendo is not liable to pay any amounts resulting from such claim that were incurred by You before the date Jamendo received Your notification, and (ii) Jamendo’s liability is limited to 33% of the aggregate Fees You paid to Jamendo during the 12 months preceding the date Jamendo received Your notification.
(3) All Works delivered by Jamendo to You in performance of this Agreement are selected by Jamendo’s Music Team at its sole discretion, employing its own criteria of sound quality, composition quality and/or popularity on the Jamendo website. The Works are provided on an “as is” basis and, except as expressly mentioned in this Agreement, Jamendo disclaims all warranties and conditions of any kind relating to the Works, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(4) Jamendo does not represent or warrant that You will not be required to pay performing rights fees or any other similar fees to local performing rights organizations or similar collecting societies under specific local statutes or legislations.
(5) Jamendo does not represent or warrant that the Service will operate without interruption or error-free, or that the Service will be accessible at all times, and in particular, Jamendo has no responsibility for the quality of Your Internet or connectivity and particularly in the event of Internet network congestion or insufficient Internet connection bandwidth (a minimum internet connection speed of 1Mbit/sec is highly recommended). Jamendo also may temporarily suspend the operation of the Service in order to implement improvements or perform necessary routine or emergency maintenance, and will do its best to give You advance notice of any suspension.
(6) Unless expressly authorized in this Agreement, Jamendo disclaims all liability to the Client or any third party for any direct or indirect cost, claim or damage resulting from the performance of this Agreement, or the lawful termination hereof, including but not limited to, loss of data, loss of profits and loss of opportunity. Furthermore, Jamendo shall not be liable for any cost, claim, damage or loss resulting from a modification made to the Work(s) by You or the context in which the Work(s) is (are) used.
(7) With respect to the all Works and any other copyrighted material owned by third parties in the Service and/or on any Jamendo website, Jamendo is an Online Service Provider under the United States Digital Millennium Copyright Act or “DMCA” (17 U.S.C. § 512). Jamendo has implemented procedures to promptly remove such content or information submitted by users when it receives a proper notification of claimed infringement (“Notification”). Such Notification must be in writing and include the following six (6) elements: (1) physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed; (2) identification of the copyrighted work alleged to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and which should be removed (or have access disabled); (4) information sufficient to permit Jamendo to contact the complaining party, such as name, address, telephone number, and if the complaining party has an email address, the email address where the complaining party can be reached; (5) 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 (6) a statement that 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. The remaining procedures will be followed with respect to any counter-notifications received by Jamendo as well. Please submit any such takedown notice under the DMCA to copyright@jamendo.com with a copy mailed to:
Jamendo S.A.
Legal Department
51 Rue de Strasbourg
Luxembourg
L-2561, Luxembourg
6. Termination
(1) If You breach any of Your obligations hereunder and fail to remedy the breach within 30 (thirty) days of Jamendo’s written notice of such breach (such notice being valid if done by e-mail, fax, regular mail or courier service), Jamendo may, at its sole discretion, terminate this Agreement at any time after such 30-day period, effective upon receipt by You of a written termination notice from Jamendo. The exercise of this termination right by Jamendo shall be without prejudice to its right to seek damages for any harm suffered as a result of such termination.
Upon termination You agree to cease any further use of the Work(s) and to delete all copies of the Work(s) in Your possession.
Sections 2.5, 3 (until all payments have been made), 4, 5(3), (4) and (6), 6, and 7 (excluding paragraph (5)) shall survive the expiration or termination of this Agreement.
(2) In the case mentioned in paragraph (1) of this Section, the applicable Fee will however remain fully owed by the Client to Jamendo and shall not be subject to any reimbursement.
7. Miscellaneous
(1) Jamendo reserves the right to revoke or amend the terms of this Agreement and replace the Work with an alternative one for any reason, including but not limited to a claim of alleged copyright infringement by a third party. Upon notification from Jamendo, or if You become aware of such claim, You must immediately stop using the Work at Your own expense and delete all copies in Your possession.
(2) Jamendo is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, images, photographs and animations contained in the Services. They may not be reproduced without Jamendo’s express written consent. Jamendo grants You a license to use them, strictly limited to accessing, downloading, reproducing on any digital media and using them, for private and personal purposes only (unless otherwise indicated in the Specific Terms), within the framework of the use of the Services by You and for such time as You are registered for the Services. Any use of the “Jamendo” trademark or logo, alone or associated with other contents requires Jamendo’s prior written consent (save to the extent expressly authorized under this Agreement, as the case may be).
(3) You are informed and agree that personal data about You may be collected by Jamendo and processed in connection with the provision of the Service(s) as well as in connection with Your use of Your Client Account and more generally Your use of Jamendo’s website. The description of the personal data that is collected, of the purpose of the processing and of other aspects related to the management of this data is made in the Privacy Policy available via a link on Jamendo’s website. By accepting this Agreement You acknowledge having read this Privacy Policy and You consent to our use of Your personal data in accordance with said policy.
(4) This Agreement is personal to the Client and may not be assigned to a third party without Jamendo’s prior written consent. Jamendo may assign rights or delegate its obligations under this Agreement to any parent, subsidiary, or as part of a merger or acquisition of its business or its assets.
(5) These General Terms may be periodically updated and modified. You are advised to recheck them on Jamendo’s website from time to time.
(6) In the event that any provision of this Agreement is held to be invalid, the parties hereby agree that the other provisions of the Agreement shall remain valid and that the Agreement will remain in full force and effect.
(7) This Agreement is governed by and shall be construed in accordance with the laws of Luxembourg without regard to any conflict of laws principles. Any dispute arising out of or relating to its interpretation or performance, or the breach thereof, shall be exclusively referred to and settled by the competent courts of Luxembourg City, Luxembourg.
(8) This Agreement and all related document have been originally drawn up in English. casein the event of any discrepancy between this Agreement translated into other languages and the English version, the English version shall prevail.