Terms and Conditions
Table of Contents
Please read the General Terms and Conditions (GTC) carefully. By selecting these as read and accepted in the registration process, you accept these general terms and conditions.
Effective Date: 01st September 2020 Last Modified Date: 02nd January 2023
JAMAHOOK AG, Raeffelstr. 25, 8045 Zuerich, Switzerland (JAMAHOOK), provides Software (SOFTWARE) and Content (CONTENT) to the user (USER) in accordance with the following terms and conditions (“terms & conditions” or “agreement”).
By downloading the SOFTWARE and/ or CONTENT, the USER agrees to all terms and conditions within this agreement and thereby the underlying SOFTWARE part (collectively the PRODUCT). USER may not pick and choose those terms which apply to the USER. If the USER does not agree with all of the provisions of this agreement, the USER must cease all access to, and use of, JAMAHOOK`s PRODUCT, CONTENT and any other services provided by JAMAHOOK. In certain cases, JAMAHOOK may also declare terms and conditions and/ or license terms of third-party providers who offer CONTENT through JAMAHOOK to be applicable. However, this only applies if JAMAHOOK explicitly states so. In all other cases terms and conditions of third parties are excluded.
Therefore, the USER agrees to the terms and conditions as defined below:
Amendments to the Offer and Updates
JAMAHOOK reserves the right to adjust the PRODUCT continuously and at any time. Consequently, JAMAHOOK is also entitled to adjust the terms and conditions at any time, with written notice to the USER.
The USER agrees that all modifications or changes to this agreement are in force and enforceable immediately and will apply to all CONTENT and information submitted to and/ or retained by JAMAHOOK and any other relationship between JAMAHOOK and the USER. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. As a specific exception to the foregoing, no update or change to this agreement will affect the financial obligations owed by the USER to JAMAHOOK, which will exclusively be governed under the version of this agreement published when the order was placed and/or the usage plan was subscribed to. JAMAHOOK agrees that if it changes anything in this agreement, JAMAHOOK will change the “last modified date” at the top of this agreement so that it is immediately obvious that JAMAHOOK has updated the agreement. The USER agrees to periodically re-visit the websites, and to use the “refresh” button on his browser when doing so. The USER agrees to note the date of the last revision to this Agreement.
Grant of License
JAMAHOOK grants to USER a limited, non-exclusive, non-transferable, non-sublicensable license to use a copy of the SOFTWARE part of the PRODUCT, provided that:
- such copies are used only on CPUs located on USER’s premises, and
- such use is solely for using the SOFTWARE in USER’s application(s) or product(s).
All other rights are reserved to JAMAHOOK. USER shall not rent, lease, sell, sublicense, assign or otherwise transfer the SOFTWARE or PRODUCT, including any accompanying printed materials and/ or any copies thereof and all samples available through the SOFTWARE or PRODUCT. USER shall not reverse engineer, decompile or disassemble the SOFTWARE.
Except the CONTENT provided by USERS or other PROVIDERS, the CONTENT and products and services within the SOFTWARE, especially information, documents, products, brands, logos, graphics, sounds, graphical user interfaces, software and services have been developed either by JAMAHOOK or a provider, developer, or other partner acting on behalf of JAMAHOOK. The underlying intellectual property rights remain at any time exclusive and full property of JAMAHOOK. The components of the SOFTWARE may not be reproduced in whole or in part, be copied or imitated. The name of JAMAHOOK, logos and other elements are protected by law. In particular, “JAMAHOOK” and “THE SOUND PLAYGROUND” are registered trademarks. JAMAHOOK owns the rights of the brands.
This agreement does not include a license to use any third-party programs or platforms. As the PRODUCT is a software designed to run on a third-party program or platform, USER understands that it may be necessary to execute a separate license with the right holder of such third-party program or platform to obtain all rights necessary.
With respect to CONTENT originating from Loopmasters, Loopmasters’ licensing terms apply. These can be accessed via the following link: https://support.loopmasters.com/support/solutions/articles/48000959807-loopmasters-license-agreement
In particular, the following license conditions apply:
The USER may use the CONTENT in combination with other sounds in music productions (which may include
soundtracks of films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, library music), public performances, and other reasonable musical purposes within musical compositions.
The USER may modify the CONTENT and may use the CONTENT for commercial purposes as part of a musical composition with other sounds.
The USER MAY NOT use the CONTENT in isolation as sound effects or as loops (i.e. a sequence of musical events) or within any competitive products that are sold, relicensed, or redistributed to third parties.
A right to use the CONTENT is granted only to the USER and is not transferable. USER’s purchase of any CONTENT, and the license provided with such acquisition, does not include any right or authorization to include names associated with the purchased CONTENT, which may include the name of the individual producer(s), affiliated artists, or the name of the sound pack itself. Any USER who makes content publicly available featuring names associated with any purchased CONTENT shall be required to rename or remove their content and risks having their license in the CONTENT revoked, at the sole discretion of Loopmasters and/ or JAMAHOOK.
This license expressly forbids resale, relicensing or other distribution of the CONTENT, either as they exist or any modification thereof. The USER cannot sell, loan, rent, lease, assign, upload to or download from any shared server space, or transfer all or any of the enclosed CONTENT to another user, or for use in any competitive product.
The credit card details of USERS will be encrypted using SSL technology. Each transaction is authorized online with the relevant credit card provider. On the credit card statement, purchases are apparent under JAMAHOOK AG. JAMAHOOK does not store the USER’s credit card number.
JAMAHOOK has no influence on and is not responsible for the content of external websites that are accessible through links. The respective provider or operator of the external/ linked pages is always responsible for its content. The linked websites were checked at the time of linking for possible legal violations. Illegal content was not apparent at that time. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, JAMAHOOK will remove the links.
Registration and Access
Prior to submitting any CONTENT, the USER must establish a USER account (“Account”) with JAMAHOOK, which requires specific registration, identification, and payment information, in the discretion of JAMAHOOK. The USER warrants and represents that all information provided in connection with registration for an Account is true and correct. The USER is permitted to create only one (1) Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, or revoked by JAMAHOOK at any time, in JAMAHOOK’s discretion, if the USER fails to meet or comply with JAMAHOOK’s guidelines, quality assurance evaluation, anti-fraud policies, or customer authentication efforts. USERS who have been rejected, suspended, denied, or banned from establishing an Account shall not attempt to register another Account using the same or different registration information. Any such circumvention efforts shall be deemed to be fraudulent and unlawful.
The USER shall be responsible for all uses and/ or activities conducted through the USER’s Account, whether or not authorized by the USER. The USER agrees to immediately notify JAMAHOOK of any unauthorized access or use of the USER’s Account. JAMAHOOK disclaims any and all liability resulting from fraudulent access and/ or use of the website and/ or the SOFTWARE via the USER’s Account.
Price and Payment
Some of the CONTENT and/ or information that is or that will be conveyed through JAMAHOOK is distributed free of charge. However, for premium account holders and Acquirer, depending on the subscription plan or CONTENT selected and/ or for acquiring any additional features, there is a fee respectively a subscription plan associated.
The presentation of services and CONTENT in the SOFTWARE is not a legally binding offer, but only provides a non-binding online catalogue. If the USER only adds products to the shopping cart, this is not considered as a binding order. A binding order only takes place after the USER clicks the “I agree” button in the cart page.
By clicking “I agree” and providing his payment information, the USER gives the authorization to charge his credit card or other payment account in the amount indicated for the value of the services or products requested, according to the schedule of charges at the time the services are provided.
All payments made shall be payable in USD, Euro or Swiss Francs, are non-cancellable and non-refundable. The USER is responsible for paying all fees with using the services of JAMAHOOK or buying or licensing any CONTENT from other USERS, including all applicable taxes.
Grant of Rights provided to other USERS
In any case, the Acquirer agrees not to sell any CONTENT bought or licensed via JAMAHOOK as sound files on JAMAHOOK again or other platforms which offer sound files for music production. In short terms:
Be creative, implement the sound files you acquired from other users on JAMAHOOK into your own productions and distribute your productions, but don’t sell or otherwise distribute other people’s CONTENT as your own.
Term of Agreement
The Term of this agreement shall commence on the date USER has downloaded the SOFTWARE (“EFFECTIVE DATE”) and/ or has created an Account with JAMAHOOK, and shall continue according to the chosen subscription plan, respective until terminated. The license will terminate immediately without notice from JAMAHOOK if the USER fails to comply with any provision of this agreement. Upon termination or expiration of this agreement, USER shall cease use of the PRODUCT and, upon JAMAHOOK’s request, certify destruction of the PRODUCT and related materials.
Notwithstanding the foregoing, for the avoidance of doubt, purchased CONTENT may continue to be used beyond the end of the SOFTWARE’s license term, and all provisions of this agreement which are intended to continue to apply beyond the period of use shall continue to apply.
JAMAHOOK is not obligated to provide maintenance or updates to USER for the PRODUCT. However, any maintenance or updates provided by JAMAHOOK shall be covered by this Agreement.
The SOFTWARE and PRODUCT provided by JAMAHOOK are proprietary and confidential information of JAMAHOOK. USER agrees not to disclose or provide the SOFTWARE, the PRODUCT, the samples, related feedback and any additional information given by JAMAHOOK, which at the time of its disclosure is identified as being confidential, to any third party or use the PRODUCT for any purpose other than as provided in this agreement. However, USER may disclose confidential information in accordance with judicial or other governmental order, provided that USER shall give JAMAHOOK reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Further, USER shall not be obligated to maintain the confidentiality of information which USER can prove is already known to USER without an obligation to maintain the same as confidential; and/ or becomes publicly known through no wrongful act of USER; and/ or is rightfully received from a third party without breach of an obligation of confidentiality owed to JAMAHOOK.
This provision shall survive termination or expiration of this agreement with respect to any information that has not been made public by JAMAHOOK as of the commercial release of the PRODUCT.
Disclaimer of Warranties/ Assumption of Risk and Limitation of Liabilities
DISCLAIMER OF WARRANTIES/ASSUMPTION OF THE RISK. USER EXPRESSLY AGREES THAT USER’S USE OF THE SERVICES PROVIDED BY JAMAHOOK IS AT USER’S SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. JAMAHOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PROVIDED BY LAW. JAMAHOOK MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JAMAHOOK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE VIEWERS OR USERS OF ITS WEBSITES, THE TRAFFIC, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY USE IT MAKES OF ANY MATERIAL AND/ OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT USER’S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/ OR DATA. FURTHERMORE, USER ALSO AGREES THAT ANY INFORMATIVE ARTICLES, ADVERTISING, TIPS OR OPINION ARTICLES (COLLECTIVELY REFERRED TO HEREIN AS “ARTICLES”) LOCATED ANYWHERE ON THE JAMAHOOK NETWORK AND/ OR SOFTWARE ARE NOT INTENDED AS EITHER PROFESSIONAL OR LEGAL ADVICE AND THEY SOLELY REFLECT THE OPINIONS OF THE ARTICLES AUTHORS. USER HEREBY AGREES THAT ANY RELIANCE ON ARTICLES IS SOLELY AN USER’S DECISION AND USER FURTHER AGREES TO WAIVE ANY CLAIMS OF LIABILITY THAT MAY ARISE FROM USER’S DECISION TO FOLLOW ANY ADVICE THAT MAY BE CONTAINED IN ANY ARTICLES.
LIMITATION OF LIABILITIES. USER UNDERSTANDS AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JAMAHOOK BE LIABLE FOR ANY DAMAGES WHATSOEVER TO USER OR TO ANY PERSON OR ENTITY CLAIMING RIGHTS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND OTHER SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) RELATED TO, BASED UPON, OR ARISING OUT OF THIS AGREEMENT, THE SERVICES PROVIDED BY JAMAHOOK RELIANCE ON THE CONTENT POSTED ON THE JAMAHOOK NETWORK, OR THE USE OF SOFTWARE, HARDWARE OR TELECOMMUNICATION FACILITIES BY JAMAHOOK IN PROVIDING SERVICES TO USER, EVEN IF JAMAHOOK HAS BEEN ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. USER ACKNOWLEDGES THAT THE FOREGOING SENTENCE REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC OR OTHER TERMS OF THIS AGREEMENT ARE IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION. IN ANY CASE, JAMAHOOK`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IN THE AGGREGATE SHALL BE LIMITED IN THE AGGREGATE TO A TOTAL OF NO MORE THAN THE YEARLY AMOUNT THE USER PAID TO JAMAHOOK IN RELATION TO THE SERVICES PROVIDED BY JAMAHOOK.
For avoidance of doubt, to the extent an indemnification or release is provided in favor of or for the benefit of JAMAHOOK, such indemnification or release shall extend to the JAMAHOOK’s agents, affiliates, employees, officers, directors, shareholders, attorneys, vendors, contractors, predecessors, successors and assigns.
JAMAHOOK’s Role as Online Service Provider
The parties acknowledge and agree that JAMAHOOK acts primarily as a hosting service for its USERS who upload CONTENT which then is presented to other USERS for further usage. The parties acknowledge and agree that JAMAHOOK shall be deemed to be an Online Service Provider and shall also be deemed to be an Interactive Computer Service. Nothing contained hereunder shall be interpreted as a waiver of rights in this regard.
The USER acknowledges and understands that JAMAHOOK operates as the Provider of an Interactive Computer Service. Thus, JAMAHOOK is immune from, and cannot be held responsible for claims arising from the publication or transmission of the CONTENT of USERS and third parties. JAMAHOOK does not create such CONTENT, and is not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under applicable law, including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that the law allows JAMAHOOK to remove or block any CONTENT found to be offensive, defamatory, obscene or otherwise violative of JAMAHOOK’s policies, without impacting JAMAHOOK’s status as the Provider of an Interactive Computer Service.
The operation of services of JAMAHOOK may be affected by technical circumstances beyond JAMAHOOK’s control. JAMAHOOK strives to keep any downtime as short as possible and to take care that all services are continuously available. However, there is no legal claim to a permanent accessibility and up time. Claims for damages arising from the use of or inability to use or restricted use of the platform are expressly excluded.
JAMAHOOK declines all responsibility and liability for data security (especially, but not limited to transmission, confidentiality, integrity and availability) in connection with the transmission or other use of the data. Nevertheless, JAMAHOOK is in compliance with standard Data Protection Regulations, available under https://jamahook.com/privacy/
Relationship of USER and JAMAHOOK
The relationship between JAMAHOOK and the USER under this agreement is that of independent contractors and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. No party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any manner or thing whatsoever beyond the obligations created by this agreement.
If the terms and conditions contain contradictions or gaps, it is on the basis of purpose, meaning and spirit as well as the principle of good faith and mutual interests of the parties that
it will be determined which scheme appears to be adequate. Should any provision be or become invalid, this shall not affect the validity of the remaining provisions.
The USER is not entitled to assign its rights and obligations under this agreement to a third party. Nevertheless, the Acquirer shall have the right to license his productions which incorporate sound files legally acquired on JAMAHOOK and used according to these terms and conditions to third parties such as record companies.
Applicable Law and Jurisdiction
This agreement is subject to Swiss law, excluding choice of law rules of private international law. The exclusive Place of Jurisdiction is Zurich.