Terms & Conditions

JAMAHOOK AG, Kägenstrasse 12, 4153 Reinach, Switzerland (“JAMAHOOK”), provides Software to the user (USER) in accordance with the following terms and conditions (“terms & conditions” or “agreement”). 

 

By downloading the SOFTWARE, 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 and any other services provided by JAMAHOOK.  In certain cases, JAMAHOOK may also declare terms and conditions 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 upon accepting by the USER 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, royalty-free license to use a copy of the SOFTWARE part of the PRODUCT, provided that:

  1. such copies are used only on CPUs located on USER’s premises, and

  2. such use is solely for using the SOFTWARE in USER’s application(s) or product(s).

 

For the avoidance of doubt, USER agrees and accepts that he will not use the SOFTWARE or PRODUCT in any other research and development or commercial projects.

 

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, 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” is a registered trademark. JAMAHOOK owns the rights of the brand.

 

USER shall have the right to use the royalty-free loops for its purposes only. Respective rights are not transferrable.   

 

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 in order to obtain all rights necessary.

 

 

Data Security

 

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.

 

The Privacy Policy can be found here: www.jamahook.com/privacy 

 

 

Links

 

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 contents were 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.

 

 

USER’s Responsibility for Uploaded Content 

 

The USER is solely responsible for any content submitted to JAMAHOOK by the USER or on USERS behalf by third parties and all provisions of this agreement shall apply to such content. The USER warrants and represents that it owns and retains, or has obtained from the content owner, all necessary rights to transmit all content submitted to JAMAHOOK in accordance with this agreement, including, without limitation, all necessary copyrights and neighboring rights. The USER specifically indemnifies and holds JAMAHOOK harmless for any claims, debts or allegations relating to any content it submits and/ or posts pursuant to this agreement.

 

 

Ownership and Grant of Rights to JAMAHOOK

 

It is understood that any content uploaded or otherwise made available by the USER, such as sound files, photos, films, texts and other content is owned by the USER and not by JAMAHOOK.

 

To put JAMAHOOK legally in the position to provide its services, the USER has to grant certain rights to JAMAHOOK: The USER hereby grants to JAMAHOOK, along with its successors and assigns, a worldwide, limited, non-exclusive, perpetual, transferrable, royalty-free license to use, transcode, edit, display, copy, publish, post, exhibit, broadcast, stream, transmit, communicate, perform, distribute, and disseminate the USER’s content on JAMAHOOK’S websites and/ or to incorporate such USER content into any form, medium, or technology now known or later developed, as long as such content is stored on JAMAHOOK and related websites and/ or SOFTWARE. The license granted to JAMAHOOK by the USER shall permit publication of the USER’s content on other third party websites which will assist JAMAHOOK with getting more viewers to see the USER’s content, including any derivative works based on, or compilation including, such content, for the purposes set forth in this agreement including any uses necessary to effectuate the intent thereof. The USER hereby grants to JAMAHOOK the right, in JAMAHOOK’s sole discretion, to process and/ or make changes such as deletions to the content in order for such content to comply with all applicable laws, rules, and regulations (collectively, “Laws”) and JAMAHOOK policies and procedures, and to deter third party intellectual property (e.g. copyright) infringement. Specifically, the USER agrees that JAMAHOOK may place a digital watermark on sound files or other content submitted by the USER to JAMAHOOK to identify the sound files or other content. The USER also understands and hereby consents and agrees that JAMAHOOK may enable USERS and others, to create and/ or post comments, ratings, reviews and the like (collectively, “Viewer Comments”) about such USER on its websites and PRODUCTS. The USER expressly releases JAMAHOOK and its affiliates from any and all liability arising in connection with the Viewer Comments or JAMAHOOK’s use of the content.

 

Notwithstanding any provision hereunder to the contrary, JAMAHOOK shall have no obligation to enforce USER’s copyrights, neighboring rights or other intellectual property rights associated with the content submitted and/ or posted. The USER acknowledges that intellectual property theft is rampant on the Internet, and that content may be stolen, copied or otherwise infringed by third parties over which JAMAHOOK has no control. Should any such infringement occur, the USER shall bear the sole obligation of enforcing the USER’s intellectual property rights, should it desire to do so. JAMAHOOK retains the right to enforce its own copyrights, license rights, and other intellectual property rights associated with the JAMAHOOK network. The USER will, at all times, reasonably cooperate with JAMAHOOK and its counsels in respect of any suspected infringement or suit for infringement, including, without limitation, testifying, and by making available any records, papers, information and the like when reasonably requested by JAMAHOOK.

 

 

Grant of Rights provided to other USERS

 

In case the USER sells or licenses content to another USER, The Seller hereby grants to the Acquirer, along with its successors and assigns, a worldwide, perpetual, transferrable license to use, transcode, edit, use it to create any derivative works based on the content, to display, copy, publish, post, exhibit, broadcast, stream, transmit, communicate, perform, distribute, and disseminate the content for all intents and purposes and/ or to incorporate such content into any form, medium, or technology now known or later developed. 

 

Every Seller has the right to define if he wants to sell his content to other USERS in the sense of a buyout, without any further participation on the income, or if he wants to participate on the income generated from the exploitations of the musical works which include some of his Content. To do so, the Seller may define the scope of the usage rights to the content he sold respective licensed to Acquirer, according to the chosen settings in the rights’ box which appears during the order process. The settings in the rights’ box define the sale or license terms under which the USER allows the usage of the content by the Acquirer.

 

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.

 

 

Representations, Warranties, Covenants and Indemnity by the USER 

 

The USER hereby represents, warrants, and covenants to JAMAHOOK, Acquirer and their licensees as follows:

  1. That the USER owns or possesses the legal authority to transfer or grant to JAMAHOOK and Acquirer any license rights, intellectual property rights, other legal or equitable rights necessary or required to permit the posting of the content on JAMAHOOK’s Network, including without limitation, all copyrights and artist’s releases of all persons appearing in said content sufficient to permit the legal use.

  2. That the USER has made no other agreements, obligations, commitments or legal encumbrances that might prevent or interfere with the rights and license that the USER has granted hereunder or that might prevent JAMAHOOK and Acquirer from using the content as provided in this agreement.

  3. That the content is wholly original and has not been copied or sampled in whole or in part from any third party’s work or source that is not owned or licensed to the USER, and that the sound files and other data contained in the content are not “stock material” of other providers.

  4. That no claim has been made against the USER in relation to the content or otherwise, and that the USER knows of no claim that the content infringes the intellectual property rights or violates the rights in any other work and/or of any person, song, recording, film, or corporation whatsoever.

  5. That all obligations with respect to the content, including, without limitation, all salaries, royalties, present and future license fees, service charges and the like, if any, have heretofore been fully paid. 

  6. That the content:  (a) is not illegal or contrary to Law; (b) does not promote illegal activities or link to websites or social media promoting illegal activities; (c) does not promote or link to violence contrary to Law; (d) is not harassing, defamatory, hateful, abusive, libelous, or obscene; (e) does not link to websites that contain content that is illegal, defamatory, hateful, abusive, libelous, or obscene; (f) does not involve depictions of actual or simulated sexual activity; (g) does not display the genitals or pubic area; (h) has not at any time been the subject of any prosecution, investigation or civil action by any party or governmental agency.  JAMAHOOK reserves the right, but undertakes no obligation, to delete, remove or refuse to publish any content that it believes to be illegal, obscene, offensive or in violation of this agreement or its policies and procedures. USER waives any and all claims relating to such removal. 

  7. That nothing in the content constitutes or suggests an offer to engage in unlawful conduct or behavior, a solicitation or meeting to engage in unlawful conduct or behavior, or a communication relating to unlawful conduct or behavior of any kind, in all cases, with respect to all applicable Laws.  Such content is strictly prohibited and posting same will result in termination of USER’s account with JAMAHOOK.  

  8. That if USER is conducting a business that is described or featured in the content submitted to JAMAHOOK by USER or that is on USER’s website or USER’s own social networking site, that said business complies with all applicable laws, and that USER has obtained all necessary licenses, permits and authorizations to engage in such business from all applicable agencies and authorities.

  9. That the USER shall defend, indemnify and hold harmless JAMAHOOK and its affiliates, and the Acquirer and licensees from and against any action, suit, claim, judgments, penalties, losses, damages, costs, charges, including reasonable attorney’s fees, and other losses whatsoever which may be obtained or imposed by reason of the breach of any representation, warranty, covenant, or agreement or a misrepresentation made by USER hereunder or any claim that any of the content submitted by USER, or posted by the USER, infringes any intellectual property rights or another rights of any third party on account of the use of the content. User further agrees to reimburse JAMAHOOK and affiliates and the Acquirer and licensees for any costs, including attorneys’ fees that occur in responding to claims, requests, court orders, law enforcement requests, or other legal process involving the USER.  

  10. That USER’s submission of any content which violates the requirements set forth in this agreement may constitute a material breach of this agreement, allowing JAMAHOOK to immediately terminate same.

 

 

Limitation of Liability for Submitted Content

 

The USER agrees that JAMAHOOK and its affiliates shall not be responsible or liable in any way or to any degree for the loss or damage to any content supplied or submitted by the USER to JAMAHOOK.  The USER expressly acknowledges that USER is only supplying copies of the content to JAMAHOOK, and that JAMAHOOK is under no obligation to maintain backup copies of any content submitted by USER or return content to the USER.

 

USER agrees that JAMAHOOK shall not be responsible or liable for the acts or omissions of any users that contact the USER or visit USER’s websites via JAMAHOOK or otherwise (“Traffic”).  Such Traffic comes AS-IS without any warranties of any kind whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or quality.  

 

The USER agrees that JAMAHOOK shall not be responsible or liable for the actions of any person who responds to the content provided by the USER and posted on JAMAHOOK or used within the SOFTWARE. USER specifically releases JAMAHOOK from any and all claims arising as a result of interactions with third parties in relation to content posted on JAMAHOOK or used within the SOFTWARE.  

 

 

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 for a period of 3 months and is automatically extended by a further month (“period of Agreement”) each time unless terminated at fourteen calendar days’ written notice to the end of the relevant period of agreement by either party to 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.

 

 

Product Maintenance

 

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.

 

 

Confidentiality

 

The SOFTWARE and PRODUCT and samples 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 

 

USER agrees that the USER is the creator and producer of its content and is solely responsible for any content that is posted on the network or SOFTWARE of JAMAHOOK, and accepts all obligations associated with the content as described elsewhere in this agreement.  

 

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.

 

 

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.

 

 

Interpretation 

 

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.

 

 

Assignment

 

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 acquired on JAMAHOOK 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.