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MACJAMS.COM TERMS AND CONDITIONS

Introduction

Simig Media, Inc. ("Simig Media," "we," "us," or "our") is the owner and operator of MacJams.com. In addition to MacJams.com, Simig Media now or in the future is developing and will make available additional websites to complement the goals of furthering the exposure and recognition of artists at MacJams.com. In the foregoing terms and conditions, the term "Simig Sites" shall refer to any site that is wholly owned and operated by Simig Media and relates to music. A list of current Simig Sites shall reside at http://www.simig.com/sites and may be amended from time to time, as applicable.

At Simig Media, our goals are to celebrate, encourage, and benefit independent musicians who write, play, record, or produce their own music. The way in which we seek to achieve this goal is to bring as much exposure (to both other musicians, and to listeners), in as many different ways as we can think of, to as many different artists as possible. In order to utilize various different technologies, features, and functions at MacJams.com and the other Simig Sites, we need artists to grant us certain rights to their music – rights which we believe are limited to those necessary to build MacJams.com and the Simig Sites in ways that accomplish our goals. The Agreement below describes the legal arrangement between participants of MacJams.com and Simig Media. It is intended to offer protection to both parties by making clear what the metes and bounds of the relationship are.

Although every artist should carefully read and understand the terms and conditions below, we also want to make clear the following basic principles that guide both our business and the Agreement below:

1. We do not own your music. You do grant us certain limited rights to use your music, but you retain ownership and are not restricted in any way in what you do with your own music.

2. Except as expressly permitted by this Agreement, we will not use or distribute your music on any other sites, other than from or in connection with the MacJams.com or the Simig Sites.

3. We will not ever charge a license fee for the distribution of your music without your permission. While we may utilize advertising on the Simig Sites, or charge for certain types of access to the Simig Sites, we will never "sell" or charge a license fee for any of your work without your express permission.

4. You may terminate most of the rights that are granted to us. There are a few exceptions to this general rule (please see the terms and conditions below), but in general you may revoke most of the rights granted to us by deleting your song or songs from MacJams.com.

Finally, we would like to thank you, the artist, for visiting and participating in the MacJams community. We hope that the services we offer will make it worthwhile for you to participate and share your works with our community, and we are constantly working to make the benefits of MacJams even better.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE

ACCEPTANCE OF TERMS, REVISIONS

The MacJams.com website is provided by Simig Media, Inc. ("Simig Media") as an information service to registered and non-registered users. By using the MacJams.com website or by registering a username at MacJams.com, you are indicating your agreement to be bound by these Terms of Use ("Terms" or "Agreement"). If you do not agree to these Terms, please do not use the site and exit now.

Except with regard to the section entitled "Material Posted by Visitors," Simig Media may revise these Terms at any time by updating this page and such revisions will be effective upon posting to this page, provided that in the event that we make changes to this Agreement, we will endeavor to notify users of the fact that changes have been made by posting a message on the front page of MacJams.com. Please check this page periodically for any changes. Your continued use of the MacJams.com web site following the posting of any revisions to these Terms will mean that you accept those changes. Changes to the terms and conditions contained in the section entitled "Materials Posted by Visitors" may be modified with the Your assent, whether in writing or by electronic means.

REGISTRATION FOR SERVICES AND SECURITY OF YOUR ACCOUNT

Upon receipt of your online registration by clicking "I AGREE" on the user registration page at MacJams.com, we will provide you with a username and a place to create your own personal password, if you do not already have a user name and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to control the dissemination and use of passwords; authorize, monitor, and control access to and use of your account and password; and promptly inform us of any need to deactivate an account. You grant us the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Simig Sites. We do not assume any responsibility or liability for any information you submit to the web site or for your or third parties' use or misuse of information transmitted or received using the web site.

PRIVACY

Information Collection and Use

Simig Media is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways that vary from what is disclosed in this statement. Simig Media collects information from our users at several different points on our web site.

E-mail

Your e-mail address may be used to contact you for several reasons: (1) to send you information you have requested through the Simig Sites, including but not limited to notifications of new song postings, new forum posts, and other content alerts (2) to send you information relating to your account at MacJams.com, (3) to send you information of a general nature relating to MacJams.com or the Simig Sites, such as newsletters, announcements, or similar content. We do not share your e-mail address with other users or any third parties.

Log Files

We use IP addresses, server sessions, and standard client browser cookies to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. Unless otherwise indicated, this information is not shared with anyone outside of Simig Media or its affiliates (e.g., services that Simig Media uses for site statistics, etc.).

Sharing

We do not share our information with anyone, and we do not use your information for any purpose other than that for which it was collected originally. The demographic and personal information we gather is strictly for our use to communicate with our users based on more personalized areas of interests.

Links

This web site contains links to other sites. Please be aware that we, Simig Media, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Correction/Updating Personal Information

If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove such personal data provided to us. This can usually be done at the member information page or by contacting us through our contact form.

Notification of Changes

If we decide to change our privacy policy, we will make best efforts to post those changes on our site at MacJams.com so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY

Except as otherwise indicated, and expressly excepting any user- submitted materials, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, and animation) are owned by Simig Media and are protected by domestic and international copyright, trademark, patent and/or other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are copyright Simig Media, Inc., all rights reserved. Permission is granted to download and print materials from this web site for the sole purposes of personal viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this web site, whether in electronic or other form, without our express prior written permission of is strictly prohibited.

All trademarks, service marks, and trade names are proprietary to us or to other respective owners as the case may be.

DIGITAL MILLENNIUM COPYRIGHT NOTICE

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.

If you believe that your work has been copied and is accessible at our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512.

Our agent for notice of claims of copyright infringement on or regarding this web site can be reached as follows:

BY MAIL: Simon Walter-Hansen, MacJams.com, c/o Simig Media, Inc., 14390, S. Robert Trail, Rosemount, MN 55068.

BY E-MAIL: dmca@macjams.com

Repeat infringers will have their accounts terminated.

MATERIALS POSTED BY VISITORS

MacJams is a community by music lovers, for music lovers. An important part of our vision includes the open sharing of original musical compositions with visitors to MacJams and the Simig Sites. We want to share your works with the world in fun and interesting ways, and in order to do so, we need you to grant us certain legal rights. Those rights are described below.

BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE SENDING ANY MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO FILES, VIDEO FILES, TEXT FILES, AND ALL WORKS OF AUTHORSHIP ("CONTRIBUTIONS") TO US OR TO THE MACJAMS.COM WEB SITE, YOU WARRANT THAT YOU OWN ALL NECESSARY RIGHTS (OR WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED SUCH RIGHTS TO YOU OR TO SIMIG MEDIA) TO POST, SUBMIT, LINK, UPLOAD, OR OTHERWISE SEND TO US ANY SUCH MATERIAL, AND TO GRANT TO US THE RIGHTS DESCRIBED IN THIS AGREEMENT. YOU ALSO GRANT TO SIMIG MEDIA THE FOLLOWING LICENSES TO ANY CONTRIBUTIONS UPLOADED OR SUBMITTED TO ANY SIMIG SITE:

1. While we do not own your music and you retain unrestricted use and ownership of your music, we need to have certain limited rights to use your music for the proper functioning of the services Macjams and the Simig Sites offer to members and the listening public, therefore, by submitting any audio or visual works, including accompanying artwork, lyrics, or other related items (collectively "Songs") on or to Macjams, you hereby grant to us A LIMITED, NON- EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, LICENSE TO USE, COPY, PUBLISH, DISPLAY, BROADCAST, DISTRIBUTE, AND MODIFY (ONLY FOR THE LIMITED PURPOSES BELOW) SUCH SONGS ON, FROM, OR THROUGH THE MACJAMS.COM SITE OR ANY OTHER SIMIG SITE. Because the nature of copyright law in the digital arena is not settled, without limiting the foregoing and to avoid any doubt, you agree that the above license grant shall authorize us to:
  • Convert Songs using different codecs or bit rates, as reasonably necessary to optimize the services we provide from MacJams or the Simig Sites.
  • Modify ID3 tags or similar information in Songs so that we may include information about the artist, title, genre, and other pertinent information.
  • Make your Songs available for download and/or playing to users of MacJams or the Simig Sites, under the terms of the Creative Commons license you select during Song upload/submission.
  • Make your Songs available for streaming and listening through "radio" or "player" or "playlist" features of the MacJams or Simig Sites, or on the song profile pages thereof.
  • Make your Songs available through an embedded "radio," "player," "playlist," "applet," "widget" or application that can be viewed and accessed from the Simig Sites, third party websites or as a standalone applet, widget, or application, however all song data may be streamed only from MacJams.com or another Simig Site and all other restrictions on the use of Songs under this Agreement shall apply.
  • Include your Songs in Podcasts, which shall be defined as audio recording containing more than one Song and including "intro," "outro," and/or "filler" material, similar to a radio broadcast. For any Song we include in a Podcast, you authorize us to (i) make modifications to Songs, such as adjusting EQ settings and making similar technical adjustments to improve the audio quality of Songs; (ii) distribute and broadcast the Podcasts from MacJams and the Simig Sites, and to submit the Podcasts for inclusion in Podcast tracking and indexing services such as, but not limited to, the iTunes podcast service.

THE FOREGOING LICENSE MAY BE TERMINATED BY YOU AT ANY TIME BY CHOOSING TO DELETE YOUR SONG(S) THROUGH THE ADMINISTRATIVE INTERFACE AVAILABLE TO YOU THROUGH YOUR MACJAMS.COM ACCOUNT, AND WILL TERMINATE AUTOMATICALLY IF YOU OR WE DELETE YOUR ACCOUNT AT MACJAMS.COM, SUBJECT TO THE FOLLOWING:
  • With respect to any Song that is included in a Podcast while the license above is in effect, any termination of our rights above, as they pertain to our ability to distribute such Podcast must be submitted to us in writing, with 30 days prior notice, so that we may have a reasonable time to take down the applicable Podcast.


2. We understand and appreciate that some users would like to share their music with members of the MacJams and Simig Sites with more restricted rights than those above. Therefore, we offer to users the option to choose "Restricted Rights" for their Songs, when they are uploaded to MacJams. If you choose such "Restricted Rights," then the license you grant to us, above, shall include the following additional restrictions and limitations:
  • We may not intentionally make your Song available for direct download as a stand-alone file to users of MacJams or the Simig Sites (please note that we cannot prevent all possible technological means of recording "streamed" audio).
  • We may not make use of your Song in Podcasts unless we have received express authorization from you, provided by e- mail, through the MacJams.com "notes" system, or any other reasonable form of communication.
  • We may not make use of your Song in any "radio," "player," "playlist," "applet," "widget" or application described above, except as such features may be utilized directly on the MacJams or any Simig Sites (and not any third party sites).

All songs submitted to MacJams prior to the effective date of this Agreement with the "Disable song download button" option selected, will hereafter be considered to be licensed to us under the "Restricted Rights" above.

3. So that we may maintain and administer Macjams and the Simig Sites, you hereby grant to us A LIMITED, NON-EXCLUSIVE, ROYALTY-FREE, LICENSE TO MAKE AND MAINTAIN COPIES OF EACH SONG SOLELY FOR THE PURPOSE OF INTERNAL, NON-PUBLIC USE IN THE EVENT OF A DATA OR EQUIPMENT FAILURE, OR FOR DOCUMENTARY AND RECORD KEEPING PURPOSES, OR AS REQUIRED BY ANY LAW, LEGAL PROCEEDING OR PROCESS. Any backups maintained will not be accessible to anyone but the administrators of MacJams.com, may not be distributed, and may not be used for any reasons other than those explicitly set forth in this paragraph 3.

4. With respect to all submissions or postings to MacJams, exclusive of Songs, and including but not limited to forum posts, song comments, product reviews, story comments, images, links and similar content, you grant to us a limited, non-exclusive, royalty- free license to use, copy, reproduce, and distribute such submissions from MacJams or the Simig Sites, as reasonably contemplated by the operation of such sites.

5. In addition to the limitations contained in the license grants above, Simig Media hereby agrees that it may not and will not under any circumstances charge a license fee to, or otherwise directly sell or charge any third party for the distribution of any Contribution uploaded by you. Nothing in this paragraph, however, shall limit Simig Media’s right to utilize advertising, paid memberships, or other commercial endeavors through MacJams or any of the Simig Sites, provided no license fees are charged directly for any individual or groups of Contributions.

YOU AGREE THAT YOU WILL NOT UPLOAD, POST, EMAIL, OTHERWISE TRANSMIT, OR POST LINKS TO ANY CONTENT THAT INFRINGES ANY PATENT, TRADEMARK, SERVICE MARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF ANY PARTY, OR WHICH CONTRIBUTES TO THE INDUCEMENT OR FACILITATION OF SUCH INFRINGEMENT.

DISCLAIMER

Simig Media does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, MacJams.com or any of the Simig Sites. The information set forth on this web site may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials will be at your own risk.

THE SERVICES, MATERIALS AND INFORMATION ON OUR WEB SITE ARE PROVIDED "AS IS." SIMIG MEDIA SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR INFORMATION PROVIDED AT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SIMIG MEDIA MAKES NO GUARANTEE WHATSOEVER THAT ANY OF ITS SERVICES MAY BE AVAILABLE AT ANY TIME, AND RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT OR REFUSE ANY SUBMISSION, FOR ANY REASON, AND AT ANY TIME.

INDEMNIFICATION AND RELEASE

By accessing MacJams.com or any Simig Site, you agree to indemnify Simig Media and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of such sites and/or any services or products available through such sites. In addition, you hereby release us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at our web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MACJAMS BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that MacJams.com or any Simig Site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk.

MISCELLANEOUS

You agree not to disrupt, modify or interfere with the functioning of MacJams.com, any Simig Site, or any services provided on or through our such sites, or with any associated software, hardware or servers, in any way and you agree not to impede or interfere with others’ use of our web site. You also agree not to alter or tamper with any information or materials on, or associated with, our web site or services provided on or through our web site. Further, you will not abuse or harass any person through your use of any Simig Site.

Simig Media may, at its option, refuse, cancel, terminate, delete, or refuse to post, any content submitted to MacJams or any Simig Site, for any reason.

These Terms are governed by the substantive laws of the State of Minnesota, without respect to its conflict of laws principles. You agree that any claims or legal actions arising out of or relating to these Terms or your use of our web site shall be commenced and maintained only in a state or federal court located in the State of Minnesota and you hereby submit to the jurisdiction and venue of any such court in connection with any such claim or action.

If any provision or portion of these Terms is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Failure to abide by any portion of these Terms shall revoke your privilege to visit our web site. We may take appropriate steps to block your access and/or institute any other appropriate measures at our sole discretion.

Updated November 8, 2007