Legal terms of
use
FOREWORD
imujam is a website for sharing and creating music for everyone from all over the world. Creation is made by several videos and recordings which superimpose themselves to create a new video called Jam.
The purpose of this general terms of use is to define the rights and the duty of the imujam website users and maker. These terms are dated and applicable to the entire site and users. They can be modified and up to date, users will be warned by imujam website.
I. Definitions and fields of applications
When used in the present “General terms of use”, the following terms will have the meaning attributed to them hereafter:
Jam: musical and video content posted on iMuJam Website. Made by a Jammer in which one other jammers may played, it can contains one video or several (until 9) and be composed of one jammer or several.
Jammers: Any person, as a natural or as a legal entity, registered on the iMuJam Website and using iMuJam services.
Users: Any web surfer, registered or not, being a jammer or not, and using iMuJam services.
imujam website: www.imujam.com and its content.
imujam account: account created by the jammer when he subscribed, and in which one are stored his personal data and with which one he can access all our services
CreativeCommon Licence : This is a license enabling jammer to make their video. It allows them to create a video which respects the paternity rights, which can be reproduce as the same and which can’t be used for commercial purposes in any case. A jammer creating his video available under a creative common licence 4.0, by, nc, sa, may not withdraw the authorisations granted by the licence if the terms of this license are being respected. To consult the full details of the licence please
click here
Services: all the services hereafter:
- Creating or deleting an imujam account
- Creating, publishing a jam and participating in a jam
- Accessing to the full content of imujam website
- Withdrawing content
- Accessing the profile and modifying the content
imujam reserves the right to add, modify, delete the services
The presents terms of use apply to all users of imujam website. They apply to all users but aren’t limited to, users surfing on the website, which are sellers, customers, merchants, and/or distributors content.
II. Terms of Access
1. Free access
Now, the 2018/08/01, the access and the use of services are free of charges
2. Subscription and login
To use all the services, you must be registered and have create an account by the registration form proposed by imujam website. During the registration you must accept the present terms of use before using our services. Registration can’t be completed if you don’t. To subscribe you must provide us personals information as valid mail address and a username with a password. The choice of the email address is under the jammer responsibility, if we must contact the jammer, we will do by using this address. The password is also under the jammer responsibility. The user commit himself to choose a secure password and to not communicate that password to anyone and to protect its access.
The jammer can’t log out at any moment by using the log out button meant for that purpose.
If during the log in, the jammer checks the box “remember me” a cookie will be created in his browser, allowing him to be directly identified during his next visits and access the services.
3. Modifying the account
As per the law on information technology and individual freedom, 6 January 1978, jammers have the right to modify his personals data. To do so they must log to their dedicated space, access their profile and click on the link to modify the profile, then they will be able to modify what they want.
4. Deleting the account
Jammers have the rights to delete the account. To do so they must send an email to contact@imujam.com and writing DELETING in the object of their mail. Then it’ll be treated manually.
5. Prior technical requirements
To access and use the services of imujam, the jammer will require:
- A compatible terminal
- A satisfactory knowledge of the internet and networks
- Internet access
- A valid email address or a Facebook account
- One of the two browsers: Google Chrome or Mozilla Firefox
6. Terms of access to imujam website
- To registered on the website, you must be of age and not under guardianship according to the French law, it means having 18 years old and do not be placed under guardianship. A person under age or with guardianship can register on imujam website only if he has the approval of his parents or his legal guardians. imujam reserves the right, at any moment, to ask to a jammer a way to prove his age or to prove that his parents or guardians allow him, to registered and to use the services.
- During his registration, the jammer will be expected to give information concerning his identity, whether by his email address or by his Facebook account. For the safety of all and in case of a dispute, imujam reserves the rights to ask the jammer to confirm his identity.
III. Offered services and contents
To consult the list of the offered services, refer to the paragraph I. Objects and application fields.
Accessible contents on imujam website:
1. Jams
The jams are free to access for viewing and in all imujam website whether you are registered or not. Each video self-employed is under the liability of his maker or his publisher. The jammer creating or posting a video is totally responsible.
The jammer commits to not publish videos which are not related to imujam activity, meaning creating musical videos. All other uses, especially commercial purposes, are prohibited and we’ll be deleted.
The jammer must know during his registration and when he creates a video, that it will be linked to his account. This video may be used by other jammers following the purpose of imujam, musical creation. They may add new content on that video.
2. Inappropriate or illegals contents
By its status of content provider to public broadcasting, imujam will deploy all the resource needed to promptly remove inappropriate or illegals contents.
If you find any content of this type during your experience on imujam website, you can report it by clicking on the “report” button, and the lower right corner of the video.
According to the law n°2004-575 of the 2004 June 21st for the “trust in digital economy”, article 6, your report must contain the following information:
- The notification date
- If the notifying party is a natural person: his last name, first names, profession, address, nationality, date and place of birth; if the applicant is an artificial person : its legal status, its name, its head office address and the body legally representing it
- The name and address of the recipient, or, in the case of an artificial person, its company name and head office address
- The description of the disputed facts and their precise location
- The grounds on which the content must be withdrawn, including a description of the legal information and proof of the facts
- A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the proof that it has not been possible to contact the author or publisher.
Please be aware that without this information we may not be able to withdraw the video of the website.
Are considered inappropriate or illegal the following contents:
- Non-following the purpose of imujam website, meaning any videos that weren’t made for musical creation
- With a commercial purpose
- Nudity or sexual content
- Harmful or dangerous contents
- Hateful contents
- Harassment or cyberbullying
- Spam, misleading metadata and scams
- Threatening contents
- Which unrespect privacy
- Impersonation
In its capacity of a services producer, in violation of the presents terms of use and in the legal obligation to answer the article 6 of the law previously named, imujam reserves the right to, before the court:
- Withdraw any content matching one or several of the criteria mentioned above, reported by an user or not.
- Suspend, during all the time of the proceeding, the account of the jammer concerned
- Delete the account, at the end of the proceeding, if the jammer has truly post inappropriate or illegal contents.
Users and jammers must know, according to the law “2004, june 21st”, article 6, paragraph 4, that the fact for anyone to present to the producer of services, hereafter imujam, a content or an activity as being illegal or inappropriate, in the purpose of obtaining its withdrawal or to cease his broadcasting, when he knows that information false, is punishing of one year of imprisonment and of 1500 Euros penalty.
In this case, imujam has the right to suspend or to delete an account for any false information or reporting about the withdrawal of a video or a content when the proceeding is the one named in the paragraph 4 of the law named above.
3. CREATIVE COMMONS Licence
All of the videos made and published on imujam website are under the creative common license 4.0, by, nc, sa. To know more about it please
click here.BY: represent the respect of the paternity right of the work. It’s the assignment clause.
NC: means non-commercial. Any commercial uses are prohibited
SA: Share Alike, means that sharing the video must be done identically. You can’t modify it.
All the jams on the website are under the rights of this license. Therefor, the jammers commit to read the terms of the license and understand them before posting a video on the website. Publishing a video is under the sole liability of the jammer. imujam is not liable for any videos posted or maded on its website.
A jam made under the rights of the creative commons license can’t be withdraw if its respect the rights of the license.
4. Duration on the services
The services are accessible as long as the jammer have an imujam account. However, if the jammer broke the law ou the current regulation and/or the presents terms of use, his account and all his data may be deleted. In this case, he won’t have access to the services, nevertheless, according to the creative common licence, the jams will be retained on imujam website until he makes the express request, to imujam, to remove them. This rule does not apply if the account was deleted for inappropriate or illegal contents.
IV. Rights and obligations of users and jammers
According to the Data Protection Act of January 6th, 1978, concerning personal data and Digital Freedom, each jammer has the right to: access his information, modify them or delete them. He can exercise his rights by referring the articles 3 and 4, II. Terms of access of theses legal terms.
With respect to any, and to the community, the jammer agrees:
- To comply with all the laws et applicable regulations
- To use the services for their purposes. Any commercial use is prohibited
- Not to post illegal or inappropriate contents (Art III. 2.)
- To report any illegal or inappropriate contents, referring to the procedure (Art III. 2.)
- To inform imujam for any misconducts, known by him, against the presents terms of use.
- Not to usurp someone else identity when he chooses his user name. Someone else may be natural or legal person.
- Not to slow down or sabotage, voluntarily or involuntarily, the overall imujam project.
- Not to harm the project howsoever.
- To respects the present terms of use that he must have read and sign, by ticking a checkbox during his registration.
The jammers who have their account suspended by imujam commit not to recreate another one as long as the suspension procedure is not over
The jammers who have their account deleted by imujam commit not to create new account on imujam website.
V. Rights and obligations of imujam.
1. Rights and obligations
imujam agrees to deploy all necessary resources to ensure the performance and continuity of the services by jammers and users. However, it can interrupt the services to maintain the website for best performance. The jammers and users will be warned about the date and duration of planned maintenance.
imujam commit to process all request from users by chronological order, and if it’s necessary by priority to theses which are more important, and to answer them in a timely manner. The requester agree that the process can’t be immediate since it’s not automated for a better quality of answer.
imujam agrees to do everything it can to withdraw illegals or inappropriate contents which can be on the imujam website and to report it to the competent authority.
2. Liability
imujam is not liable for the following cases:
- If the system reliability or the user’s internet connexion are questionable
- If the user’s computer is affected by any kind of threat or virus that blocks him to access to the services
- In the event of losses of any kind, incurred by a third party, resulting from the use of the services
- In the event of poor performance or non-performance related to a case of force majeure established by the French Law
- If the informations on imujam and its services, performances or any other kinds are false, wrong or incomplete on other websites than imujam, according to the fact than the data provided by imujam will only be released on imujam website, on offical social media's account of imujam and on imusic-school.com
VI. Jammer's personnal data
imujam collects users' and jammers' data by its website and specifically by the means of cookies. The data collected are the one the jammer gave us during his registration, on the website or with Facebook.
The data collected is used to make to login process more easier and to improve the jammer's experience on our website.
In compliance with the GDPR (General Data Protection Regulation) of may, 25th 2018, during his login on imujam website, the user will be able to see which cookies are used by the means of a flag on the website and will be able to choose the ones that they will keep or refuse.
Jammer's data is stored confidentially by imujam according the current legislation. It won't be transfered to a third-parties without the jammer's consent or having the jammer informed.
According to the General Data Protection Regulation, each jammer has the right to access, modify, delete his own data. These article can be read on the legal website of the GDPR.
VII. Hypertext link and copyright
1. imujam Website
Except for the jams wich are under the CREATIVE COMMONS licence, all the contents of imujam (pictures, texts, images, videos, sounds...) including the underlying technology used, belongs to imujam and are protected by copyright. These contents are the sole property of imujam. Therefore, they cannot be reproduced without the prior written consent of imujam.
As a result, it is strictly forbidden to use, modify, publish, to create derivative works, in any form or to use for commercial purposes these contents, as a all or separately.
Any total or partial reproduction of imujam website and of these elements, without imujam's prior express content is prohibited and will be considered as an act of infrigement punishable under the terms of the intellectual property code.
2. Hypertext links
Any person who want to create a link to imujam website, in particular with using a "deep link" refering to a specific part of the website, on his website, must ask for imujam's prior written consent before creating his link.
VIII. Applicable Law and Jurisdiction
The present terms of use in addition to the relationship between imujam and the jammers or users are governed by the french law. In the event of any dispute, and without an amicable agreement, only the High court of Bastia will be considered as having jurisdiction.
However, before any court action, parties will seek to negociate, in a spirit of fairness and good faith with the view to reach an amicable settlement based on the present terms of use.
During the whole negotiation process and until its completion, keeping in mind the principle of good faith, the parties agree that they will not initiate any legal action against one other unless they have expressly agreed to each other.
IX. In the case of modification of the general terms of use
The present terms of use can be modified at any time by imujam. In this case, the user or the jammer will be notified when he will enter imujam's website and will have to read it again and signed the new general terms.
X. Legal Notice