Terms of Service
1. Your Acceptance
A. By using or visiting the MindJamz website or any MindJamz products, software, data
feeds, and services provided to you on, from, or through the MindJamz website
(collectively the "Service") you signify your agreement to (1) these terms and
conditions (the "Terms of Service"), (2) MindJamz privacy notice, found at
http://www.mindjamz.com/t/privacy and incorporated herein by reference, and (3)
MindJamz Community Guidelines, found at http://www.mindjamz.com/t/
community_guidelines and also incorporated herein by reference. If you do not agree
to any of these terms, the MindJamz privacy notice, or the Community Guidelines,
please do not use the Service.
B. Although we may attempt to notify you when major changes are made to these
Terms of Service, you should periodically review the most up-to-date version http://
www.mindjamz.com/t/terms). MindJamz may, in its sole discretion, modify or revise
these Terms of Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in these Terms of Service shall be deemed to confer
any third-party rights or benefits.
2. Service
A. These Terms of Service apply to all users of the Service, including users who are
also contributors of Content on the Service. "Content" includes the text, software,
scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive
features and other materials you may view on, access through, or contribute to the
Service. The Service includes all aspects of MindJamz, including but not limited to all
products, software and services offered via the MindJamz website.
B. The Service may contain links to third party websites that are not owned or
controlled by MindJamz. MindJamz has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In addition,
MindJamz will not and cannot censor or edit the content of any third-party site. By using
the Service, you expressly relieve MindJamz from any and all liability arising from your
use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Service and to
read the terms and conditions and privacy policy of each other website that you visit.
3. MindJamz Accounts
A. In order to access some features of the Service, you will have to create a
MindJamz or Google account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify MindJamz immediately
of any breach of security or unauthorized use of your account.
B. Although MindJamz will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of MindJamz or others due to such
unauthorized use.
4. General Use of the Service—Permissions and Restrictions
MindJamz hereby grants you permission to access and use the Service as set forth in
these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content
without MindJamz prior written authorization, unless MindJamz makes available the
means for such distribution through functionality offered by the Service (such as the
Embeddable Player).
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the
audio playback pages of the Service itself, or other explicitly authorized means
MindJamz may designate.
D. You agree not to use the Service for any of the following commercial uses unless
you obtain MindJamz prior written approval:
* the sale of access to the Service;
* the sale of advertising, sponsorships, or promotions placed on or within the
Service or Content; or
* the sale of advertising, sponsorships, or promotions on any page of an adenabled
blog or website containing Content delivered via the Service, unless other
material not obtained from MindJamz appears on the same page and is of sufficient
value to be the basis for such sales.
E. Prohibited commercial uses do not include:
* uploading an original audio file to MindJamz, or maintaining an original channel
on MindJamz, to promote your business or artistic enterprise;
* playing MindJamz music through the Player on an ad-enabled blog or website,
subject to the advertising restrictions set forth above in Section 4.D; or
* any use that MindJamz expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our
FAQ.)
F. If you use the Embeddable Player on your website, you may not modify, build upon,
or block any portion or functionality of the Embeddable Player, including but not limited
to links back to the MindJamz website.
G. If you use the MindJamz Uploader, you agree that it may automatically download
and install updates from time to time from MindJamz. These updates are designed to
improve, enhance and further develop the Uploader and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions. You agree to
receive such updates (and permit MindJamz to deliver these to you) as part of your use
of the Uploader.
H. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," or "offline readers," that accesses the Service in a manner that
sends more request messages to the MindJamz servers in a given period of time than a
human can reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, MindJamz grants the operators of public search
engines permission to use spiders to copy materials from the site for the sole purpose of
and solely to the extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials. MindJamz reserves the right
to revoke these exceptions either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names, from the
Service, nor to use the communication systems provided by the Service (e.g.,
comments, email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Service with respect to their Content.
I. In your use of the Service, you will comply with all applicable laws.
J. MindJamz reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos
("Marks") on the Service, are owned by or licensed to MindJamz, subject to copyright
and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and
personal use solely as intended through the provided functionality of the Service and as
permitted under these Terms of Service. You shall not download any Content unless you
see a "download" or similar link displayed by MindJamz on the Service for that Content.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or
otherwise exploit any Content for any other purposes without the prior written consent of
MindJamz or the respective licensors of the Content. MindJamz and its licensors
reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a
variety of sources, and that MindJamz is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such Content. You further
understand and acknowledge that you may be exposed to Content that is inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against MindJamz with
respect thereto, and, to the extent permitted by applicable law, agree to indemnify and
hold harmless MindJamz, its owners, operators, affiliates, licensors, and licensees to
the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
A. As a MindJamz account holder you may submit Content to the Service, including
audio and user comments. You understand that MindJamz does not guarantee any
confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of
submitting and publishing your Content on the Service. You affirm, represent, and
warrant that you own or have the necessary licenses, rights, consents, and permissions
to publish Content you submit; and you license to MindJamz all patent, trademark, trade
secret, copyright or other proprietary rights in and to such Content for publication on the
Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content. However, by
submitting Content to MINDJAMZ, you hereby grant MINDJAMZ a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the Content in connection with the
Service and MindJamz (and its successors' and affiliates') business, including without
limitation for promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You also hereby grant
each user of the Service a non-exclusive license to access your Content through the
Service, and to use, reproduce, distribute, display and perform such Content as
permitted through the functionality of the Service and under these Terms of Service. The
above licenses granted by you in music Content you submit to the Service terminate
within a commercially reasonable time after you remove or delete your music from the
Service. You understand and agree, however, that MindJamz may retain, but not
display, distribute, or perform, server copies of your music that have been removed or
deleted. The above licenses granted by you in user comments you submit are perpetual
and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third party proprietary rights,
unless you have permission from the rightful owner of the material or you are otherwise
legally entitled to post the material and to grant MindJamz all of the license rights
granted herein.
E. You further agree that you will not submit to the Service any Content or other
material that is contrary to the MindJamz Community Guidelines, currently found at
http://www.mindjamz.com/t/community_guidelines, which may be updated from time to
time, or contrary to applicable local, national, and international laws and regulations.
F. MindJamz does not endorse any Content submitted to the Service by any user or
other licensor, or any opinion, recommendation, or advice expressed therein, and
MindJamz expressly disclaims any and all liability in connection with Content. MindJamz
does not permit copyright infringing activities and infringement of intellectual property
rights on the Service, and MindJamz will remove all Content if properly notified that
such Content infringes on another's intellectual property rights. MindJamz reserves the
right to remove Content without prior notice.
7. Account Termination Policy
A. MindJamz will terminate a user's access to the Service if, under appropriate
circumstances, the user is determined to be a repeat infringer.
B. MindJamz reserves the right to decide whether Content violates these Terms of
Service for reasons other than copyright infringement, such as, but not limited to,
pornography, obscenity, or excessive length. MindJamz may at any time, without prior
notice and in its sole discretion, remove such Content and/or terminate a user'su
account for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content
infringes upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a 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 the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
MindJamz designated Copyright Agent to receive notifications of claimed
infringement is Gary DiGrazia, 16124 Via Arroyo, San Lorenzo, CA 94580, email:
copyright@mindjamz.com, fax: 510-278-2017. For clarity, only DMCA notices should go
to the Copyright Agent; any other feedback, comments, requests for technical support,
and other communications should be directed to MindJamz customer service through
http://www.google.com/support/mindjamz. You acknowledge that if you fail to comply
with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which
access was disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the
material in your Content, you may send a counter-notice containing the following
information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the Content that has been removed or to which access has
been disabled and the location at which the Content appeared before it was removed or
disabled;
* A statement that you have a good faith belief that the Content was removed or
disabled as a result of mistake or a misidentification of the Content; and
* Your name, address, telephone number, and e-mail address, a statement that
you consent to the jurisdiction of the federal court in San Francisco, California, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MindJamz may send a
copy of the counter-notice to the original complaining party informing that person that it
may replace the removed Content or cease disabling it in 10 business days. Unless the
copyright owner files an action seeking a court order against the Content provider,
member or user, the removed Content may be replaced, or access to it restored, in 10
to 14 business days or more after receipt of the counter-notice, at MindJamz sole
discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDJAMZ, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MINDJAMZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MINDJAMZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MINDJAMZ WILL NOT BE A PARTYTO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL MINDJAMZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MINDJAMZ SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MindJamz from its facilities in the United States
of America. MindJamz makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from other
jurisdictions do so at their own volition and are responsible for compliance with local
law.
11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless MindJamz, its parent corporation, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that your Content caused damage
to a third party. This defense and indemnification obligation will survive these Terms of
Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are over the age of 13, as the Service is not
intended for children under 13. If you are under 13 years of age, then please do not use
the Service. There are lots of other great web sites for you. Talk to your parents about
what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by MindJamz without restriction.
14. General
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the
Service shall be deemed a passive website that does not give rise to personal
jurisdiction over MindJamz, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal substantive laws of
the State of California, without respect to its conflict of laws principles. Any claim or
dispute between you and MindJamz that arises in whole or in part from the Service shall
be decided exclusively by a court of competent jurisdiction located in Santa Clara
County, California. These Terms of Service, together with the Privacy Notice at http://
www.mindjamz.com/t/privacy and any other legal notices published by MIndJamz on the
Service, shall constitute the entire agreement between you and MIndJamz concerning
the Service. If any provision of these Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and MIndJamz failure to assert any
right or provision under these Terms of Service shall not constitute a waiver of such right
or provision. MIndJamz reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the Service following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms. YOU AND MINDJAMZ
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.