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By visiting Broadjam.com (hereinafter the ìSiteî), submitting Materials or in any manner
availing yourself of any Services offered at, on or through the Site you signify your agreement to
all terms, conditions, policies and notices contained or referenced in this agreement (hereinafter
the, or this, ìAgreementî). If you do not agree with any provision of this Agreement, do not use
the Site or any Service. Your continued use of the Site or any Service following the posting of
any modifications to this Agreement constitutes your express acceptance of such modifications.
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As between you (whether you are an individual
representing yourself, or acting as the representative for a group, band, business entity or association)
and Broadjam, Inc., (referred to as "we," "us" or ìBroadjamî), this Agreement applies to each and every service we
offer (the "Service"). Some particularized Services may be subject to additional terms and conditions set forth in separate agreements.
Broadjam is a Delaware corporation with its principal place of business at 6401 Odana Rd., Madison, WI 53719.
You and Broadjam may be referred to collectively herein as the ìPartiesî
and individually as a ìParty.î
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This Article I applies to any Person who visits, submits Material to
or in any manner avails themselves of any Service offered at, on or through the Site (hereinafter
a ìUserî). As set forth herein, the term, ìUserî includes, but is not limited to, Subscribers and
Hosting Subscribers.
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(a) For purposes of this Agreement the term, ìArtistî shall refer to any individual or group,
whether or not organized as a legal entity, that made any creative contribution to Materials you post at, on or through the Site.
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(b) For purposes of this Agreement the term, ìPersonî shall refer to any individual, corporation,
partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing.
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(c) For purposes of this Agreement the term, ìMaterialsî shall include but is not limited to: sound recordings,
musical compositions, lyrics, pictures, graphics, photographs, text, videos and other audiovisual work, album and other artwork, liner notes and all other original works of authorship.
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Broadjam grants you a personal, revocable, nontransferable, and non-exclusive license to access and make personal use
of the Site and to use the object code of the Site on a single computer, subject to the following terms and conditions:
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(a) You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to
transfer any right in the software for the Site; and
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(b) You do not download (other than page caching) or modify the Site or any portion of it, without Broadjamís express written consent; and
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(c) You do not download (other than page caching), modify or exercise any other exclusive right to any Materials posted on the Site,
without a written license from the owner(s) of such Materials.
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This license expressly excludes any resale or commercial use of the Site or its contents; any collection or use of any product
listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information
for the benefit of any merchant; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site
nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without Broadjamís express written consent.
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(a) From time to time Broadjam may post policies on the Site, including but not limited to our Privacy Policy,
and our Copyright DMCA Policy (the "Policies"). The Policies are incorporated by reference into this Agreement and you agree to their terms.
You should review the Policies frequently and carefully.
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(b) Broadjam shall have the right to review all Materials and in its sole discretion to remove or refuse to post any Materials for any reason.
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(c) Except for User-posted Materials, the entire Site, including all object code and source code, text, graphics, multimedia content,
including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within
the Site or associated therewith, is the sole and exclusive property of Broadjam, Inc. All rights reserved.
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(d) The Site is protected by all applicable federal and international intellectual property laws. No portion of the Site may be reprinted,
republished, modified or distributed in any form without Broadjamís express written permission. You agree not to reproduce, reverse engineer,
decompile, disassemble or modify any portion of the Site. Certain content may be licensed from
third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties.
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(e) You acknowledge that Broadjam retains exclusive ownership of the Site and all intellectual property
rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents,
copyrights, trade secrets or trademarks with respect to the Site or any Service, and Broadjam reserves all rights not expressly granted hereunder.
You shall promptly notify Broadjam in writing upon your discovery of any unauthorized use or infringement of the Site or any Service or Broadjam'
patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Site contains proprietary and confidential information
that is protected by copyright laws and international treaty provisions.
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(f) Violations of this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations
and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
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(g) Subject to our Privacy Policy, no information or Material uploaded or sent to Broadjam at,
on or through the Site will be deemed or treated as confidential.
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(h) You agree to comply with the Acceptable Use Policy (ìAUPî) of any vendor providing bandwidth or related services to Broadjam, including but not limited to the follwing:
Limelight Networks, Inc.: http://www.limelightnetworks.com/terms.html
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Framing and Metatags.
You may not frame or use framing techniques to enclose any Broadjam trademark, logo, or other proprietary information
(including but not limited to images, text, page layout, and form) without Broadjamís express written consent. You may not use any metatags or any other "hidden text"
using Broadjamís name or trademarks without Broadjamís express written consent. Any such unauthorized use shall result in the immediate and automatic termination of all permission,
rights and/or licenses granted to you by Broadjam and may also result in such additional action as Broadjam deems necessary to protect and enforce its legal rights.
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Linking: Custom Homepage Links
If you are a Hosting Subscriber as defined under Section 3.01 of this Agreement you are granted a personal limited, revocable, nonexclusive, nontransferable license to create and use your Custom Homepage Link subject to your full compliance with all terms and conditions of this Agreement and all Policies, and further subject to the following:
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- Hosting Subscriber expressly acknowledges that Broadjam is the sole and exclusive owner of the registered trademark, BROADJAMÆ.
- Hosting Subscriber expressly acknowledges that this license is granted in consideration of and is conditioned upon Hosting Subscriberís full compliance with the terms and conditions of this Agreement and all Policies appearing on the Site.
- This license shall terminate immediately upon expiration or termination of Hosting Subscriberís hosting subscription or Broadjam membership or if, in Broadjamís absolute discretion and without the necessity of written notice, Hosting Subscriber has failed to comply with any of the terms or conditions of this Agreement or any Policies appearing on the Site.
- Hosting Subscriber agrees to display the following disclaimer prominently at the foot of the home page of Hosting Subscriberís Website: ìHosted by Broadjam. [Hosting Subscriberís Name Here] is not affiliated with Broadjam, Inc. and Broadjam bears no responsibility for the content or use of this site.î
- Without in any way limiting Hosting Subscriberís covenants or obligations under the Hosting Subscription Agreement, Hosting Subscriber warrants and represents that:
- No use of Hosting Subscriberís Custom Homepage Link and no content on Hosting Subscriberís Website will dilute, tarnish, blur or otherwise diminish the value of the BROADJAMÆ mark; and
- Hosting Subscriber will not use, publish or advertise the Custom Homepage Link for any purpose other than identifying the location of Hosting Subscriberís Website; and
- Upon Broadjamís request Hosting Subscriber will provide Broadjam with hard copy samples of any and all advertising, promotional and other tangible materials bearing the Custom Homepage Link, and will provide Broadjam with URLs to any sites or materials anywhere on the Internet pointing to, linking to or otherwise referring to the Custom Homepage Link.
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Linking: Other
You are granted a limited, revocable, nonexclusive license to create a hyperlink to Broadjamís home page, provided that you comply with all of the following:
- The link must be a text-only link clearly marked "broadjam.com" or "www.broadjam.com";
- The link must "point" to the URL "http://www.broadjam.com" and not to any other page within the Site;
- The link, when activated by any user, must display the Site full-screen and not within a "frame" on the linking site;
- The link shall not portray Broadjam or its products or services in a false, misleading, derogatory, or otherwise offensive matter;
- The link may not use any Broadjam logo or other proprietary graphic or trademark as part of the link without Broadjamís prior express written permission; and
- The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking site.
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We reserve the right to revoke our consent to any link at any time in our sole discretion.
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You shall retain full ownership of any and all Materials you submit to Broadjam, at all times, subject only to the
rights and licenses you grant to Broadjam pursuant to this Agreement or any other applicable agreement. If you believe that Materials in which you hold an ownership interest
have been posted to the Site or otherwise submitted to Broadjam without your permission, you must, and hereby agree, immediately to notify Broadjamís Copyright Agent.
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Section 512 of the Copyright Law of the United States (17 U.S.C. ß512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service providerís website.
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Broadjam has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This Section 1.07 is without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to Broadjam.
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How to report a claim of infringement
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If you believe that Material on the Site violates any of your exclusive rights under United States copyright law, you must notify our designated agent.
Section 512 (c)(3)(A) requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below)
and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
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- 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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When filing an infringement claim, please include any URLs identifying the allegedly infringing Material along with any other information that might assist our agentís investigation of your claim.
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Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) Broadjam will undertake to have the disputed Material removed from public view. We will also notify the user who posted the allegedly infringing Material that we have removed or disabled access to that Material. Broadjam has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.
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Please note: If you materially misrepresent that Material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury.
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How to make a counter notification
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If you are a Broadjam user and you feel that Material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification.
Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
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- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Broadjam is allowed under the provisions of Section 512 to restore the removed Material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
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It is Broadjamís policy to terminate subscribers and account holders who are found to be repeat infringers.
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Broadjamís Designated Agent
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Broadjam's designated agent is Kyna Ganshert.
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By mail:
Broadjam Inc.
Attn: Kyna Ganshert
6401 Odana Rd.
Madison, WI 53719
By phone: (608) 274-5134 ext 230
By fax: (608) 273-3635
By e-mail: legal@broadjam.com
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By accepting this Agreement and/or submitting Materials to Broadjam, you expressly warrant and represent the following to Broadjam and acknowledge that Broadjam is relying upon such warranties and representations:
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(a) That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.
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(b) That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on the terms provided herein and to grant Broadjam the nonexclusive licenses set forth herein.
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(c) That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein or to grant Broadjam the nonexclusive licenses set forth herein.
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(d) That your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your Materials; that if your Materials contain any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials; and that your Materials do not otherwise infringe on the intellectual property rights of any person or entity.
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(e) That neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.
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(f) That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.
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(g) You agree to sign and deliver to Broadjam any additional documents that Broadjam may request to confirm Broadjamís rights and your warranties and representations under this Agreement.
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(h) You acknowledge that Broadjam is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Broadjam, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
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(i) All representations, warranties or covenants made herein by you shall survive termination of this Agreement.
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(j) All warranties and representations made by you herein are made for the
benefit of Broadjam and its sub-licensees and may be enforced separately by
Broadjam and/or by any contractually designated sub-licensee of Broadjam.
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In consideration of Broadjam's efforts to provide your work with public exposure, you expressly authorize Broadjam and its sub-licensees to transmit, stream, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to Broadjam, in accordance with the provisions of this section. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant Broadjam and its sub-licensees the following licenses with respect to any and all Materials you submit.
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Public performance license for compositions. If you are a member of the American Society of Composers, Authors & Publishers (ASCAP) or one of its foreign affilates, you will be compensated by ASCAP in accordance with its royalty distribution rules for performances of your musical compositions on the Site that originate in the United States.
For any performances that originate outside of the United States, you hereby grant Broadjam and its sub-licensees a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide.
If you are not a member of a performing rights society, or you are not a member of ASCAP or one of its foreign affiliates,
you hereby grant Broadjam and its sub-licensees a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide.
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Public performance license for sound recordings. You hereby grant Broadjam and its sub-licensees a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide.
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Reproduction licenses for compositions and sound recordings. Although copyright law is evolving to accommodate the digital environment, certain key issues remain unresolved.
One such issue is the extent to which reproduction licenses are required for compositions and sound recordings made available on interactive streaming services.
We choose to resolve the issue contractually, until statutory or case law provides more definitive guidance. Accordingly, you hereby grant Broadjam and its sub-licensees
nonexclusive reproduction licenses for all compositions and sound recordings included in your Materials; provided, however, that unless by separate agreement you have chosen to make your Materials available for sale through Broadjamís digital download store, such reproduction licenses are limited in scope and apply only
to the extent necessary to make your Materials publicly available via Broadjamís interactive streaming services.
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Podcasts. From time to time Broadjam may invite you to submit your Materials for inclusion in downloadable content files known as ìpodcasts.î Podcasts are non-live entertainment programs spotlighting the work of Broadjam members and are made available for download in unprotected media, free of charge, at the Site. Broadjam will not include your Materials in podcasts without your consent. If you choose to grant such consent, however, you also (and hereby do) grant to Broadjam and its sub-licensees all licenses reasonably required for podcasting, including nonexclusive reproduction and public performance licenses for all compositions, and nonexclusive reproduction and public performance licenses for all sound recordings, embodied in any Materials of yours selected for inclusion in Broadjam podcasts. You further release Broadjam and its sub-licensees for any and all liability arising from any alleged failure by Broadjam or any of its sub-licensees to obtain appropriate licenses for the use of any Materials of yours selected for inclusion in Broadjam podcasts.
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Sub-licensees designated by Broadjam to transmit, stream, broadcast, publicly display and/or publicly perform your Materials may pay a fee to Broadjam for facilitating access to such Materials and you hereby agree that Broadjam shall be entitled to collect and retain 100% of all such facilitation fees without any obligation to you.
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Broadjam shall have the right and license to use, and license others to use, your Materials for the purpose of promoting our products
and services, and to use all names, likenesses, biographical materials, logos, marks or trade names of you and all individuals performing on or otherwise represented in your
Materials without any payment to you or any other Persons, entities, groups or associations, in accordance with the provisions of this section. All rights and licenses you grant to Broadjam pursuant to this Section shall terminate when,
in accordance with this Agreement, you exercise your right to request removal of any or all Materials.
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(a) You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Broadjam shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any Broadjam Service.
Broadjam provides no assurances whatever that any of your Materials will ever be accessed or used by Broadjam, its visitors, Subscribers or sub-licensees nor, if so accessed or used, that your Materials will continue to be available for any particular length or period of time.
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(b) A possibility exists that the Site or any Service could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or any Service. Although we attempt to ensure the integrity of the Site and every Service, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or any Servicesí completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable. For copyright infringement claims, see Broadjamís Digital Millennium Copyright (DMCA) Policy, set forth in Section 1.07 of this Agreement.
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(c) The Site and any Service may be discontinued at any time, with or without reason or cause.
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(d) Broadjam disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Material. Broadjam disclaims any and all responsibility for harm resulting from downloading or accessing any information or Material on the Internet or through the Site.
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(e) THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED ìAS IS,î WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BROADJAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BROADJAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY BROADJAM SERVICE. BROADJAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF BROADJAM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. BROADJAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
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(f) BROADJAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
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(g) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
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(a) NEITHER BROADJAM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, ìBROADJAMî),
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE
OR ANY BROADJAM SERVICE OR ANY LINKED SITE, EVEN IF BROADJAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND IN NO EVENT SHALL BROADJAMíS TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY,
TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY BROADJAM SERVICE, FROM INABILITY TO USE THE SITE OR
ANY BROADJAM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY BROADJAM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE
OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY BROADJAM SERVICE. THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL
FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY BROADJAM SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY BROADJAM SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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(b) SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
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(c) WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL BROADJAM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
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(a) All content included on this Site, including but not limited to text, graphics, logos, button icons, images, data compilations, code and source code, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith, are the property of Broadjam or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. The compilation of all content on this Site is the exclusive property of Broadjam and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of Broadjam or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.
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(b) ìBroadjamÆ,î ìBroadjamÆ Top 10,î ìMetajamÆî, ìbroadjam.comî, ìMusicians of Broadjam,î Mini MoB, MoB, Pro MoB, PRIMO MoB and other trademarks, service marks, logos, labels, product names and service names appearing on the Site (collectively, the ìMarksî) are owned or licensed by Broadjam. Marks not owned by Broadjam or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Broadjam.
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(c) You agree not to copy, display or otherwise use any Marks without Broadjamís prior written permission. The Marks may never be used in any manner likely to cause confusion, disparage or dilute the Marks and/or in connection with any product or service that is not authorized or sponsored by Broadjam.
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Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com/
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(a) We make no representation that products or services available on or through the Site or any Service are appropriate or available for use in other locations other than the United States. Those who choose to access the Site or any Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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(b) Products, including software, made available through the Site or any Service are further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site or any Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or any Service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such Service or product that we provide.
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From time to time, Broadjam may sponsor contests and games (hereinafter, "Broadjam Contests"). All Broadjam Contests are governed by specific rules. By entering Broadjam Contests you accept and become subject to such rules. Such rules supplement, incorporate by reference and are to be read together with and not to limit the provisions of this Agreement. Any conflicts or inconsistencies between Broadjam Contest rules and this Agreement shall be resolved on a case-by-case basis. We urge you to read the applicable rules, which are linked from each particular Broadjam Contest, and to review our Privacy Policy which, in addition to this Agreement, governs any related information you submit.
By contract, Broadjam may also provide certain services (including, without limitation, advertising, promotion and submission processing services) for contests, radio play, and publishing and licensing opportunities that are supplied by others (hereinafter, "Third Party Destinations"). Broadjam bears no responsibility, and hereby disclaims all liability, for any aspect of any Third Party Destination, including but not limited to the awarding of prizes and licensing and publishing placements. Any claim you may have regarding a Third Party Destination must be pursued exclusively with the individual or group, whether or not organized as a legal entity, that supplied the Third Party Destination (ìDestination Providerî).
Third Party Destinations may be governed by
specific rules. Broadjam plays no role in the development or enforcement of
rules for Third Party Destinations and is not a party to any contract such
rules may be deemed to create with Artists who submit their Materials to Third
Party Destinations.
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Without in any way limiting any other provisions of this Agreement, Broadjam makes no representations whatsoever about any other website that you may access through the Site.
When you access another website, you understand that it is entirely independent from this Site, and that Broadjam has no control over the content of such website nor of its policies.
In addition, a hyperlink to another website does not mean that Broadjam endorses or accepts any responsibility for the content, use or policies of the linked website or that the
policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site.
Further, it is up to you to take precautions to ensure that whatever links you select or software you download, from any site whatever, is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
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Upon receipt of your written request, Broadjam will remove any of your Materials from the Site within a reasonable period of time. Broadjamís licenses to use such Materials will continue
for any copies of such Materials that may have been disseminated in any format or media prior to the actual removal of such Materials from the Site.
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You agree that, at any time, Broadjam may revise, change or modify any terms and conditions of this Agreement and/or any aspect of any Service, without notice to you.
You can review the most current version of this Agreement at any time at: http://www.broadjam.com. When using any Service, you and Broadjam shall also be subject to any guidelines,
Policies or rules applicable to such Service which may be posted on the Site from time to time. All such guidelines, Policies or rules are hereby incorporated by reference into this Agreement and you agree to their terms.
Any such revisions, changes or modifications shall be binding and effective immediately upon posting of same to the Site.
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(a) Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Broadjamís option.
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(b) This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns.
Except for Policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the
Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof.
If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit
the essential purposes of the Agreement to be achieved. The Partiesí various rights and remedies hereunder shall be construed to be cumulative.
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(c) This Agreement shall be deemed to have been made in the State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin
without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, and you hereby waive any jurisdictional, venue or inconvenient forum objections.
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(d) Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
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(e) Each Party hereto agrees to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this Agreement.
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(f) Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
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(g) No breach of this Agreement by Broadjam shall be deemed material unless the Party alleging such breach shall have given Broadjam written notice of such breach, and Broadjam shall fail to cure such breach within thirty (30) days after its receipt of such notice.
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(h) All notices required to be sent to Broadjam under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to Broadjam Inc., 6401 Odana Rd., Madison, WI 53719 Attention: Legal (or such other address or addresses as may be designated by Broadjam herein).
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(i) All duties, liabilities, obligations, warranties, representations, covenants, authorizations, agreements and restrictions undertaken by and/or imposed upon you in connection with this Agreement shall be deemed to apply jointly and severally to all members collectively and each member individually of any group at any time comprising the Artist whose recordings or other Materials you post, upload or otherwise make available to Broadjam.
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(j) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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(k) Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice:
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- The provider of service is Broadjam, Inc. 6401 Odana Rd., Madison, WI 53719, telephone (608) 271-3633
- There is no charge for using the Site. Charges for Subscriptions and particular Services are available by contacting Broadjam at the above address, Attention: Customer Service.
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(l) You agree to defend, indemnify and hold Broadjam harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of any Service, and/or (c) the use of any Service by any other person using your Username. Broadjam may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
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You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
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(a) This Article II applies to any Person (hereinafter a ìSubscriberî) who subscribes to any member subscription service offered by Broadjam, including but not limited to, by way of example, Mini MoB, MoB, Pro MoB or PRIMO MoB (hereinafter a ìSubscription Serviceî). For purposes of this Agreement all Subscribers are also Users as defined herein.
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(b) You agree to provide true, accurate, current and complete information about yourself as prompted by the subscription registration processes (such information being your "Account Information"). You further agree that, in providing such Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Account Information as required for your use of and access to the Site and any Service, as applicable.
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(c) As a Subscriber, you will receive a unique username and password in connection with your account (collectively referred to herein as your "Username"). You agree that you will not allow another person to use your Username to access and use the Site or any Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Broadjam is not liable for any harm caused by or related to the theft of your Username, your disclosure of your Username, or your authorization to allow another person to access and use the Site or any Service using your Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Site or any Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data transmitted while using the Site or any Service cannot be guaranteed.
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The term of any Subscription Service shall commence when the Subscriber initiates payment for such Subscription Service or, if the Subscription Service is complimentary, when the Subscriber registers for such Subscription Service.
All Subscription Services will extend for an initial period of one year (the "Term") and, unless terminated as provided herein,
shall renew automatically for successive one-year periods. During the Term, the Subscriber shall be afforded the full use and benefit
of the applicable Subscription Service as described on the Site (the "Service Benefits"), which Service Benefits may be revised by Broadjam
from time to time without notice to the Subscriber. Due to technical considerations, certain Service Benefits may not be available to the
Subscriber immediately upon commencement of the Term, but shall be provided to the Subscriber as soon as commercially reasonable.
Please direct any questions about Subscription Services or Service Benefits to Broadjam by email at: customerservice@broadjam.com or by US mail at: Broadjam Inc., 6401 Odana Rd., Madison, WI 53719, Attn: Customer Service.
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The Subscriber agrees to:
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(a) provide current, complete and accurate information about the Subscriber as required by the application process; and
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(b) maintain and update such information as needed to keep it current, complete and accurate.
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Subscriber acknowledges that Broadjam relies and will rely upon the accuracy of such information as supplied by Subscriber.
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(a) Termination by Subscriber. Subscriber may terminate any Subscription Service at any time by providing Broadjam with written notice pursuant to this Agreement. Such termination will be effective after the paid period. In the case of termination by the Subscriber, the period that is already paid for will not be reimbursed. The Subscription Service will remain active until the end of the paid period.
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Subscriberís request for termination shall also be deemed a request for the removal of all Material posted on the Site, pursuant to Section 1.17 of this Agreement.
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Broadjam is not bound by, nor should Subscriber rely upon, any representation by any agent, representative or employee of any third party that Subscriber might use to apply for a Subscription Service.
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(b) Termination by Broadjam. Broadjam may terminate a Subscriberís Subscription Service at any time, for any reason, by providing Subscriber with written notice thereof, effective upon transmitting such notice to the email address Subscriber supplied to Broadjam. In the event Broadjam terminates a Subscriberís Subscription Service due to Subscriberís failure to meet the terms and conditions of this Agreement, Broadjam will not refund any portion of Subscriberís annual subscription fee and, if Subscriber has chosen to participate in a Payment Plan offered for such Subscription Service, Broadjam will immediately bill, in total, any remaining balance due and owing to Broadjam, to Subscriberís credit card. If Broadjam chooses to terminate a Subscriberís Subscription Service for reasons unrelated to the Subscriber, Broadjam will refund to Subscriber the portion of any annual subscription fee for which Broadjam has not yet performed or provided services.
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(c) Cancellation refunds are governed by the provisions of Section 4.04 of this Agreement.
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(a) As consideration for a Subscription Service, Subscriber agrees to pay Broadjam all applicable subscription fees as posted on the Site at the time Subscriber
applies for the Subscription Service. All subscription fees are due immediately pursuant to the payment option Subscriber chooses, and are non-refundable except
as otherwise provided herein. Broadjam may exercise all available remedies to collect fees due and owing for any Subscription Service.
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(b) Broadjam may, at its sole discretion and for any Subscription Service, offer
Subscriber the option to pay Subscriberís annual subscription fee in monthly
installments (a ìPayment Planî). If Subscriber elects a Payment Plan, Subscriber
agrees to provide Broadjam with a valid credit card number, which Broadjam will
charge on a monthly basis for twelve (12) consecutive months, in an amount each
month equal to 1/12th of the subscription fee for the Subscription Service, plus
a finance charge, until the Subscription Service is terminated pursuant to this
Agreement. By providing credit card billing information, Subscriber shall be
authorizing Broadjam to charge that credit card until termination of the
Subscription Service. Broadjam shall have the right immediately to discontinue
Subscriberís Service Benefits if Broadjam does not receive payment when due.
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In order to change any of Subscriberís account information, Subscriber must use the User Name and the Password that Subscriber selected when Subscriber registered as a Broadjam User. In no event will Broadjam be liable for any unauthorized use or misuse of Subscriberís User Name and Password.
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Subscriber agrees that Subscriberís failure to abide by any provision of this Agreement or any Broadjam operating rule or policy, Subscriberís willful provision of inaccurate or unreliable information as part of the application process, Subscriberís failure to update Subscriberís information to keep it current, complete or accurate, and/or Subscriberís failure to respond to inquiries from Broadjam concerning the accuracy of Subscriberís account information shall be considered a material breach of this Agreement. If within ten (10) calendar days after Broadjamís provides notice (in any form and via any method of delivery) to Subscriber of such material breach, Subscriber fails to provide evidence, reasonably satisfactory to Broadjam, that Subscriber has not breached its obligations under this Agreement, Broadjam may terminate all Services, Subscription and otherwise, without further notice to Subscriber.
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This Article III applies to any Person (hereinafter a ìHosting Subscriberî) who subscribes to any web hosting subscription service offered by Broadjam, including but not limited to, by way of example, PRIMO MoB (hereinafter a ìHosting Serviceî). For purposes of this Agreement all Hosting Subscribers are also Subscribers and Users as defined herein.
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(a) Hosting Subscriber represents and warrants to Broadjam that:
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Hosting Subscriber has read and understands Broadjamís DMCA policy;
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Hosting Subscriber has the power and authority to enter into and perform Hosting Subscriberís obligations under this Agreement generally and this Article III specifically;
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Any website that Hosting Subscriber develops and/or displays, performs, broadcasts, transmits or otherwise makes available by or through a Hosting Service (hereinafter, the Hosting Subscriberís ìWebsiteî) does not and shall not contain any content, materials, data, work of authorship, trade or service mark, trade name, link, advertising or service that actually or potentially violates any applicable law or regulation or infringes or misappropriates any proprietary, intellectual property, contract or tort right of any person;
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Hosting Subscriber owns Hosting Subscriberís Website content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to use, reproduce, publicly perform and publicly display the content on and within Hosting Subscriberís Website; and
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Hosting Subscriberís Website will not be used in connection with any illegal activity.
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(b) Hosting Subscriber is responsible for ensuring that there is no excessive overloading on Broadjam's DNS or servers. Broadjam prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Broadjam. Hosting Subscriber agrees that Broadjam reserves the right to remove Hosting Subscriberís Website temporarily or permanently from its hosting servers if Hosting Subscriberís Website threatens the stability of Broadjamís network.
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(c) Hosting Subscriber may not use Broadjam's servers or Hosting Subscriberís Website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or any other abusive activities. Server hacking or other perpetration of security breaches is strictly prohibited and Broadjam reserves the right to remove websites that contain information about hacking or links to such information. Use of Hosting Subscriberís Website as an anonymous gateway is prohibited.
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(d) Hosting Subscriber agrees not to engage in unacceptable use of any Hosting Service, including, without limitation, use of any Hosting Service to:
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disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email;
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disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
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disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
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create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
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export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
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interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account which Hosting Subscriber does not have authorization to access or at a level exceeding Hosting Subscriberís authorization;
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disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or
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engage in any other activity deemed by Broadjam to be in conflict with the spirit or intent of this Agreement or any Broadjam policy.
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Subject to the terms and conditions of this Agreement, Broadjam shall attempt to provide Hosting Services for twenty-four (24) hours a day,
seven (7) days a week throughout the term of Hosting Subscriberís subscription. Hosting Subscriber agrees that from time to time the Hosting
Service may be inaccessible or inoperable for any reason, including, without limitation, equipment malfunctions; periodic maintenance procedures
or repairs which Broadjam may undertake from time to time; or causes beyond the control of Broadjam or which are not reasonably foreseeable by Broadjam,
including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion
or other failures. Hosting Subscriber agrees that Broadjam makes no representation or assurance that Hosting Services will be available on a continuous or uninterrupted basis.
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At all times, Hosting Subscriber shall bear full risk of loss and damage to Hosting Subscriberís Website and all of Hosting Subscriberís Website content.
Hosting Subscriber is solely responsible for maintaining the confidentiality of Hosting Subscriberís Password and account information. Hosting Subscriber
agrees that Hosting Subscriber is solely responsible for all acts, omissions and use under and charges incurred with Hosting Subscriberís account or
password or any of Hosting Subscriberís Website content. Hosting Subscriber shall be solely responsible for undertaking measures to:
(i) prevent any loss or damage to Hosting Subscriberís Website content; (ii) maintain independent archival and backup copies of Hosting Subscriberís
Website content; (iii) ensure the security, confidentiality and integrity of all of Hosting Subscriberís Website content transmitted through or
stored on Broadjam servers; and (iv) ensure the confidentiality of Hosting Subscriberís password. Broadjam's servers and Hosting Services are not an archive
and Broadjam shall have no liability to Hosting Subscriber or any other person for loss, damage or destruction of any of Hosting Subscriberís content.
If Hosting Subscriberís password is lost, stolen or otherwise compromised, Hosting Subscriber shall promptly notify Broadjam, whereupon Broadjam shall suspend
access to Hosting Subscriberís Website by use of such password and issue a replacement password to Hosting Subscriber or Hosting Subscriberís authorized representative.
Broadjam will not be liable for any loss that Hosting Subscriber may incur as a result of someone else using Hosting Subscriberís password or account, either with or without Hosting Subscriberís knowledge.
However, Hosting Subscriber could be held liable for losses incurred by Broadjam or another party due to someone else using Hosting Subscriberís account or password.
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(a) Broadjam does not tolerate the transmission of spam. We monitor all traffic to and from our Web servers for indications of spamming
and maintain a spam abuse compliant center to register allegations of spam abuse.
Customers suspected to be using Broadjam products and services for the purpose of sending spam are fully investigated.
Once Broadjam determines there is a problem with spam, Broadjam will take the appropriate action to resolve the situation.
Our spam abuse compliant center can be reached by email at hosting@broadjam.com.
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(b) Broadjam defines spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimilies (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive such communications from the sender. This can include, but is not limited to, the following:
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Email messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Guestbook or website forum postings
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(c) Broadjam will not allow its servers or services to be used for the purposes of spam as described above.
In order to use our products and services, Hosting Subscriber shall abide by all applicable laws and regulations,
including but not limited to the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, as well as Broadjam's no-spam policies.
Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from
the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an
opt-out method in the footer of the email or fax. Upon request by Broadjam, conclusive proof of optin may be required for an email address or fax number.
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(d) If Broadjam determines that Hosting Services are being used in association with spam, Broadjam will re-direct, suspend,
or cancel such Hosting Service for a period of no less than 2 days. The Hosting Subscriber will be required to respond by
email to Broadjam stating that Hosting Subscriber will cease to send spam and/or have spam sent on their behalf.
Broadjam will require a non-refundable reactivation fee to be paid before Hosting Subscriberís Website, email boxes
and/or other Hosting Services are reactivated. In the event Broadjam determines the abuse has not stopped after services
have been restored the first time, Broadjam may terminate all Services associated with the Hosting Subscriber.
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This Article IV applies to all Users.
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Fees and prices appearing on the Site are based on United States dollars. Payments for any Service or purchase made on or through the Site shall be made to Broadjam in United States dollars, except as provided in Section 4.05 herein.
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You agree to pay for all fees and charges incurred under your Broadjam account or Username. If you have configured the account associated with your Username (your "Account") to pay for Services or purchases with a credit or debit card or similar form of payment (a "Cardî payment method), you authorize any and all charges and fees incurred under your Account to be billed from time to time to your Card account. Regardless of the method of payment, it is your sole responsibility to advise Broadjam of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee, purchase or Service; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.
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The following shall apply if you cancel a Subscription Service (see Section 2.04).
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(a) Monthly Billing Subscriptions. No refunds will be issued for monthly billing subscriptions. If monthly billing is selected and is not cancelled by the end of the monthly period (30 days from the sign up date), your Card will be billed at the beginning of the next 30 day period. In order to avoid additional charges to your Card, you must contact Broadjam Customer Service by email (customerservice@broadjam.com) at least 5 days before your next billing period, to cancel your Subscription Service. Your email should include the following: registered name on the account, registered email address on the account, and the service to be cancelled.
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(b) Annual Billing Subscriptions. No refunds will be issued for annual billing subscriptions. Such cancellations will be effective after the paid period. The Subscription Service will remain active until the end of the paid period.
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(c) Annual Subscription Upgrades. Subscription Service upgrades may be cancelled at any time. However, no refunds will be issued for Subscription Service upgrade cancellations. If you cancel an upgrade, the cost of the upgrade will be applied toward your previous Subscription Service membership level prior to upgrading. This will extend such previous Subscription Service for the number of days equivalent to the upgrade purchase price.
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(a) Merchants who elect to be paid in Download Purchase Credits (ìDPCsî) for sales at the Broadjam Downloads Store (the ìBDSî), Buyers who choose to purchase DPCs and Users who otherwise obtain DPCs (collectively, ìHoldersî of DPCs) shall hold DPCs subject to the provisions of this Section 4.05 as well as all rules and policies posted on the Site relating to DPCs.
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(b) DPCS ARE NONRETURNABLE AND NONREFUNDABLE.
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(c) All DPCs shall expire if not redeemed within one (1) calendar year from the date of issuance.
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(d) Holders shall have no right to redeem DPCs for anything other than products or services that are:
- available for purchase on the Site; and
- wholly controlled by Broadjam.
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(e) Holders shall have no right to demand cash or any other thing of value in exchange for DPCs, except as provided in Section 4.05 (d).
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(f) Interest shall not accrue on DPCs.
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Checks issued by Broadjam to any User, for any purpose, are VOID after 180 days from the date of issue.
Users who fail to cash Broadjam-issued checks within such 180-day period will be charged a $2.00 fee for re-depositing funds from the stale check to the Userís account.
Users requesting replacement checks will be charged an additional $5.00 fee for issuance of the replacement check.
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The following shall apply if you purchase Broadjam's Deliveries services.
Refunds will not be issued for Broadjam Deliveries services. If you experience a technical problem related to Broadjam Deliveries services, Broadjam will take steps in accordance with Section 1.10 to ensure your transaction is completed successfully. Broadjam may at its sole discretion convey complimentary services to you in the event of a verified technical problem.
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If you are unclear about any provision of this Agreement, please contact legal@broadjam.com. You may also write to us at Broadjam Inc., 6401 Odana Rd., Madison, WI, 53719 USA. This Site is owned and operated by Broadjam, Inc.
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Last Updated: 4/2/2008
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