Terms & Conditions

DOs

  1. Please DO browse, listen to and play around/along with song projects of other jambassador.com members
  2. Please DO download song projects or single channels for personal (non commercial) use from our database
  3. Please DO upload your own jam session contributions (as single channel or as new song project)
  4. Please DO post any legal content in your profile and wherever possible on our platform
  5. Please DO provide information about your band projects, discography,
  6. Please DO publish dates for YOUR upcoming or past concerts
  7. Please DO provide videos and sound links to your profile
  8. Please DO have fun jamming with people from all over the world!
  9. Please DO spread the music and the idea of jambassador.com!

DON'Ts

  1. Do NOT upload music where you infringe any intellectual property rights (meaning: don't play some known tunes and upload it on our platform!)
  2. Do NOT use the song projects from our platform in any commercial way without written permission from the respective member who contributed that song channel
  3. Do NOT post unauthorized advertising to our members without written permission of jambassador.com
  4. Do NOT transmit any chain letters or junk email
  5. Do NOT extract any user data from our websites and/or databases
  6. Do NOT use our platform in any automated way, such as using scripts, spiders, robots and such stuff
  7. Do NOT damage or harm the proper provision of the jambassador.com services in any way
  8. Do NOT use any account data from other members or give third-parties access to your user data or sell or otherwise transfer your member's profile
  9. Do NOT use the jambassador.com service or the information provided on the platform (by users or jambassdor.com) in any commercial way (this includes "hidden advertising" like "private product suggestions" etc. in your profile
  10. Do NOT use our platform or any of our services in a manner inconsistent with any applicable laws and regulations

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Please note: These listings are for the reader's convenience only and have no contractual effect. Please read our full Terms & Conditions below.

General

jambassador.com is the online jam session community that allows musicians from all over the world to listen to what our members played, jam along and upload their own channels. All our members can start their own song projects and invite other members to improvise along.

Furthermore in the community section our members can post their personal profiles and provide some information about themselves. Members can view each other's profiles and make friends. To enrich the experience for our members, it is obligatory to provide some personal information to other members and visitors.

The products and services ("jambassador.com services") offered by jambassador.com ("jambassador.com" or "we") include the jambassador.com online platform with all it's features, the jambassador.com online/offline song contests, stage events (concerts and festivals) and any other features, content, or applications offered from time to time by us in connection with our website jambassador.com (or any related sub domain).

These Terms & Conditions ("terms" or "our terms") sets forth the legally binding terms for your use of any of the jambassador.com services. By using our services, you agree to our terms, no matter whether you use our services as a "visitor" (using without registration) or as a "member" (registered user). For simplicity, we refer to the term "user" for both named user groups.

You are only authorized to use the jambassador.com services if you agree to accept and comply with all applicable laws and to our terms. If you do not agree with our Terms & Conditions, you must not use our services and leave our website immediately. But if you want to become a member, communicate with other members and make use of our jam session platform, you must accept our Terms & Conditions in the registration process.

This agreement includes our privacy policy and any other documents and terms for special services related to jambassador.com which you use. In order to participate in certain additional jambassador.com services, you may be asked to download software or content and/or agree to additional terms and conditions. Unless otherwise stated in the additional Terms & Conditions applicable to the service in which you choose to participate, those additional terms are hereby incorporated into this agreement and part of our user agreement.

We might be forced to modify our Terms & Conditions once in a while. Such modifications shall be effective upon posting the new terms on the jambassador.com website. You agree to be bound to any changes to our terms when you use our services after any such modification is posted. So please review our Terms & Conditions regularly and stop using our service, when you disagree to any of the modifications made.

Please make sure that all content you post on jambassador.com (especially in your profile and our blogs, forums and other communications tools) is in compliance with this agreement and applicable laws.

We emphasize, that jambassador.com assumes no responsibility or liability for any material posted by users. If you become aware of misuse of the jambassador.com platform by any person, please contact us or click on the "Report Content Violation" link at the bottom of any jambassador.com page.

jambassador.com is a free service! You have no vested interest to use our services and we reserve the right to reject, refuse, post, alter, edit or remove any posting (including private communication), or to restrict, suspend, or terminate your access to all or any part of our services. We are furthermore entitled to terminate any of our services without prior notice and without any liability to the users or anybody else. jambassador.com is authorized to sell the project with all its services, database content and what ever else belongs to the jambassador.com service range.

Terms of use

By using the jambassador.com services, you warrant that (a) all registration information you submit is truthful and accurate; (b) you will keep such information up to date and make changes when necessary; (c) you are 16 years of age or older; (d) your use of our services does not violate any applicable laws or regulation.

Our Terms & Conditions shall remain in full effect as long as you use our services or websites. As a member you may terminate your membership at any time without providing any reasons. You can terminate your membership by following the instructions posted in the "My Account" section on jambassador.com. Please note that this agreement will also remain in effect after the termination of your membership.

Although the memberships are free of charge at the moment, we reserve the right to introduce and later change fees for certain services at any time without notice. You agree, in case of a termination of your membership (either by you or by us) all advance payments will not be refunded.

When you sign up to become a member, you might have to choose a user name and a password. We advise you to keep the confidentiality of your password and not to disclose your password to any third party. In the unlikely event that you get access to other member's account data, you agree not to use these data to access the accounts at any time and inform the member of this event so he/she can change the password. You also agree to notify jambassador.com immediately if you observe any unauthorized use of your account or access to your password. Please note: You are solely responsible for any and all use of your account. This means when content violations will be traced back to your account, you can be held responsible for the violations with all effects.

All our services are for personal, non-commercial use only and must not, directly or allusively, be used in connection with any commercial operations - except those that are triggered or endorsed by jambassador.com itself. Illegal and/or unauthorized use of our services or data (e.g. collecting user data by electronic or other means) is strictly prohibited.

Furthermore unauthorized commercial advertisements, links, and other forms of direct of indirect advertising will be removed from member's profiles without notice and may result in termination of the membership with all negative effects. Appropriate legal action will be taken for any illegal or unauthorized use of our services; claims of damage will be reserved.

IMPORTANT: Propriety rights and content regulations!

You agree to inform yourself about prevailing copyright laws before posting any content on our website. You assure to abide all copyright laws and propriety rights in all content you post on jambassador.com (and its sub domains) and on or through our services in general! This especially applies to all music posted by you on our jam session platform(s). You are especially NOT allowed to upload (also when played by you) songs and/or compositions that fall under prevailing copyright laws!!! Only royalty free content or your own compositions/improvisations may be uploaded in our databases.

All content posted by the members on the jambassador.com platform is for private use only!!! Furthermore jambassador.com does not claim any ownership rights in the music, creative work, text, images, photos, videos, sounds, or any other works of authorship, or any other materials (all covered by the term "content") that you post to our platform and/or our other services. After your content is posted on jambassador.com (or any of our other services) you still retain all ownership rights in such content and, of course, you are still free to use your content in any other way or context.

That means in reverse, that you are NOT allowed using other member's content for any direct or indirect commercial means without their permission (if not explicitly stated by the members in their profiles). Feel free to contact the respective member to find a commercial agreement that both sides agree to. We point out, that jambassador.com has nothing to do with these commercial agreements between members! Therefore we will not claim any interest or royalty payments for our users. This all lies in the responsibility of the respective members.

But by posting/publishing or uploading any content on or through our services, you hereby grant to jambassador.com a limited, but absolutely free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the jambassador.com services. You waive all rights to make any claims against jambassador.com or its owners or employees for using any content that lies in your ownership rights. But you grant us the right for sublicensing your content to our content partners, affiliates and advertising partners (etc.) to reach the world and spread your content.

You might ask why! Okay, because without this license, we would not be able to provide the cool and peaceful jambassador.com services to you or anybody else in this world. Sharing content is exactly the idea behind a community! But take it easy, the license you grant to jambassador.com is a non-exclusive one. That means you are free to license your content to anyone else in addition to us, fully-paid or royalty-free.

The license you grant us is limited to our services and does not include the right to sell your content without your permission - except, when the whole jambassador.com service is sold to a successor.

For all this it's important, that you warrant that (i) you own the content posted by you on or through our platform or that you otherwise have the right to grant a license such as stated above; (ii) the posting of your content on or through our platform does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of anybody. When you upload non-royalty-free content, you agree to pay for all claimed royalties, fees, and any other legitimate claims by any person against the distribution of that content. You accept that jambassador.com cannot be held responsible for your actions and the content you distribute on or through our services!

On the other side, all content not provided by members on jambassador.com is protected by copyright, trademark, patent, trade secret and other laws (if applicable), and jambassador.com owns and retains all rights in all such non-user-provided content and in the overall jambassador.com services. Copies, reproductions and other use of our content are only authorized through written permission of Michael Malsch (please also read our privacy policy to that matter).

Of course we grant you a limited, revocable, non-sublicensable right to reproduce and display our content (excluding any software code) solely for your personal use of our services

As also stated in our privacy policy, we retain the right to delete any content that (in our very personal judgement) violates our Terms & Conditions or which we think, may be offensive, illegal or violate any other rights. Because of the considerably large amount of content, jambassador.com assumes no responsibility for monitoring our platform or any other service for inappropriate content or conduct. If at any time we decide, in our sole discretion, to review/monitor the jambassador.com services, we nonetheless assume no responsibility for the content, no obligation to modify, alter, remove any of that inappropriate content, and no responsibility for the conduct of the user submitting any such content.

Responsibility for content

The members are solely responsible for the content posted in the member's profiles and any content/information that is transmitted to other members. jambassador.com does not endorse and has no control over such content. Content is not (but might be randomly) reviewed by jambassador.com staff prior to posting and does not necessarily reflect the opinions or policies of jambassador.com. We make no warranties, directly or implied, to the accuracy and reliability of the content or any other piece of information that has been published/uploaded/posted/transmitted by our members.

As a member, you are allowed (no, we even ask you) to do:

(a)post any legal and harmless information in your profile and on jambassador.com;
(b)provide the information that is asked for (band projects, discography and so on);
(c)provide dates for YOUR upcoming or past concerts;
(d)provide videos and sound links to your profile;
(e)use all content of the platform (excluding, what is named elsewhere in this agreement) in a non-commercial manner;
(f)download sound channels from other members;
(g)upload appropriate sound files and channels to the platform;
(h)have fun jamming with people from all over the world;
(i)spread the music!

The following (but not limited to) incomplete list of content and actions is definitely prohibited. Any violations will cause appropriate legal action against the publisher/member.

As a user you are NOT allowed to publish content that:

(j)is offensive or that promotes racism, hatred or physical harm of any kind;
(k)includes, advocates or supports child pornography, fraud, trafficking in obscene material, drug dealing, gambling, spamming, viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(l)harasses or triggers any kind of harassment of anyone;
(m)contains violence, or contains links to adult websites;
(n)denunciates anybody, is false or misleading or promotes illegal activities;
(o)violates copyrights or any other applicable laws;
(p)involves anything that could be considered as "spam" in the broadest sense;
(q)contain restricted or hidden pages or images;
(r)could be considered as "phishing" in the broadest sense;
(s)includes photographs with other people without these people's consent;
(t)includes provocative or otherwise offending, explicit, (…) member profiles photographs with the intention to draw traffic to the member's profile;
(u)can be judged as "commercial use" in the broadest sense.

Furthermore, as a user you are NOT allowed to:

(a)advertise anything to any member without written permission of jambassador.com;
(b)transmit chain letters or junk email;
(c)extract any user data from our websites and/or databases (in order to protect our members, we reserve the right to restrict the number of emails sent by or the number of page views of profile pages for certain members);
(d)cover or obscure the banner advertisements anywhere on our website by any means;
(e)use our platform in any automated way, such as using scripts, spiders, robots and such stuff;
(f)damage or harm the proper provision of the jambassadr.com services in any way;
(g)use any account data from other members or give third-parties access to your user data or sell or otherwise transfer your member's profile;
(h)use the jambassador.com service or the information provided on the platform (by users or jambassador.com) in any commercial way (this includes "hidden advertising" like "private product suggestions" etc. in your profile;
(i)use our platform or any of our services in a manner inconsistent with any applicable laws and regulations.

Important Note: When you send unsolicited bulk email ("spamming"), or any other unsolicited mass communication to our jambassador.com members, you acknowledge that you will have caused substantial harm to our reputation. Because it is hard to estimate the "amount of harm" you caused by sending bulk mail to our members, you already agree to pay jambassador.com 65 € for each unsolicited email or other unsolicited entity of communication.

We reserve any right to report violations against these terms to law enforcement authorities.

When you believe that your work has been posted on the jambassador.com services in a way that infringes your copyrights, please contact us.

Disputes between members

All members are solely responsible for their own actions and interactions on or through the jambassador.com services. Disputes between members can be monitored by jambassador.com (but we are not obliged to do that).

Don't forget to read our privacy policy too

Our privacy policy applies and is incorporated into this agreement by this reference.

Legal disclaimers

jambassador.com is not responsible for any unlawful, copyright infringing, incorrect or incomplete content posted on or through the jambassador.com services.

Especially links in the member's profiles may contain links to other websites. jambassador.com is neither responsible for the accuracy of the content or opinions expressed in the member's profiles, nor on such linked websites. Those external/linked websites are in no way monitored or checked by jambassador.com staff for accuracy of their content. Therefore any inclusion of linked websites on the jambassador.com websites (including links from any related subdomain) does not imply approval of the linked website or represents the opinion of jambasador.com. Accessing third-party websites (this includes websites of our partners) is at own risk.

We take no responsibility for any error, omission, interruption, deletion, defect, or any other way of loss of user data or line failure connected to our services or the provision of any of those services. We do not guarantee a full accessibility of our services at all times. jambassador.com also shall not be held responsible for damages or loss of information on the user's computers, especially in relation with the participation of users in certain campaigns on our platform or as effect from downloading materials in connection with the jambassador.com services (or from our partners).

Under no circumstances shall jambassador.com be responsible for any loss or damage, including personal injury or death, resulting directly or implied from the use of any of the jambassdor.com services (online or offline), from any content posted or action taken on or through the jambassdor.com platform by employees of jambassador.com or any of our users, no matter if online or offline.

All our services are provided "as is". We do not guarantee or promise any specific result from using any of our services. It's just supposed to be fun! Okay, may be an ambitious A&R might scout you - but we don't promise!

Limitation of Liability

You assume all responsibility and risk for use of this website and the jambassador.com services and materials including without limitation any of the information contained therein.

In no event shall jambasador.com or our directors, employees, share holders or agents be liable to any user of its services (or any related third-party) for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these Terms & Conditions, including without limitation your use of, reliance upon, access to, or exploration of this website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (incl. negligence), infringement of intellectual property rights or otherwise.

jambassador.com's liability is in any case for any cause whatsoever, regardless of the form of action, at all times be limited to the amount paid (if any) by the user to jambassador.com (or its subsidiaries) during the time of the user agreement or the term of membership!

Disputes

The jambassador.com services are hosted in Germany. For all disputes, German and European laws apply and shall be governed by the state of Berlin in Germany. You agree to exclusive personal jurisdiction and venue in the state and federal courts of Germany. For any legal adjustments of differences between the parties, the German language shall be used.

Indemnity

You agree to indemnify jambassador.com for all claims caused by your action on or through the jambassador.com services, subsidiaries, affiliates etc. You are aware that you are fully responsible for your own actions on or through our services.

And finally

All users accept this agreement by using our services which means at least browsing our website or using our services in any other way. All of our provider-user-relationship will be covered by this agreement, the failure of jambassador.com to enforce any right from the above stated Terms & Conditions shall not operate as a waiver of such provision.

The sub headlines in the above Terms & Conditions are for the reader's convenience only and have no contractual effect. If any provision of this agreement is unlawful, incomplete, void or unenforceable, that provision will be replaced by one that has the intended effect but is applicable. It does not affect the validity and enforceability of any remaining provisions.

I have read, understood and agree to all of the provisions and terms stated above (or if not, will not use and immediately leave the jambassador.com services).

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