PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with Jingle Punks Music LLC or its subsidiaries or affiliates (collectively, “Jingle Punks”). By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Jingle Punks for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by Jingle Punks and unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof (“Jingle Punks Content”), is owned by Jingle Punks, its licensors, clients, content providers and registered users.
All elements of the Site, including the Jingle Punks Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The Jingle Punks site and content are strictly intended for customers and content providers of Jingle Punks. You may not use this Site or any Jingle Punks Content for any purpose not related to your business with Jingle Punks. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Jingle Punks Content without, or in violation of, a written license or agreement with Jingle Punks; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Jingle Punks Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Jingle Punks product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Jingle Punks Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Jingle Punks has adopted a policy of terminating, in appropriate circumstances and at Jingle Punks’s sole discretion, account holders who infringe the intellectual property rights of Jingle Punks or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Jingle Punks Legal Department 646 Broadway Suite 302 New York, NY 10012 Phone: (646) 478-7472 Fax: (815) 301-8273 E-mail: contact [AT] jinglepunks.com
We may give notice of a claim of copyright infringement by e-mail to a user, or by written communication.
Jingle Punks Trademarks, the Jingle Punks logo, and any other product or service name or slogan contained in the Site are trademarks of Jingle Punks and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jingle Punks or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Jingle Punks” or any other name, trademark or product or service name of Jingle Punks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jingle Punks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Jingle Punks logo or other proprietary graphic of Jingle Punks to link to this Site without the express written permission of Jingle Punks. Further, you may not frame any Jingle Punks trademark, logo or other proprietary information, including the Jingle Punks Content, without Jingle Punks’s express written consent.
Jingle Punks makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Jingle Punks and Jingle Punks is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Jingle Punks provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Jingle Punks of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Jingle Punks shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Jingle Punks, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Jingle Punks immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Jingle Punks.
You agree to defend, indemnify and hold harmless Jingle Punks, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Jingle Punks Content, or your violation of any rights of another.
THIS SITE AND THE JINGLE PUNKS CONTENT ARE PROVIDED “AS IS” AND JINGLE PUNKS AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. JINGLE PUNKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE JINGLE PUNKS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT JINGLE PUNKS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE JINGLE PUNKS CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE JINGLE PUNKS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Jingle Punks uses reasonable efforts to ensure the accuracy, correctness and reliability of the Jingle Punks Content, but we make no representations or warranties as to the Jingle Punks Content’s accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Jingle Punks does not guarantee their accuracy.
Jingle Punks explicitly disclaims any responsibility for the content or availability of information contained in the search index or directory. Jingle Punks also disclaims any responsibility for the completeness or accuracy of any directory or search result. You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Site at your sole risk and further agree that Jingle Punks shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL JINGLE PUNKS, ITS SUBSIDIARIES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE JINGLE PUNKS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JINGLE PUNKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JINGLE PUNKS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JINGLE PUNKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JINGLE PUNKS FOR ACCESS TO OR USE OF THE SITE.
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions and your Use of the Site or the Jingle Punks Content. Please note that your use of the Site or the Jingle Punks Content may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Jingle Punks or relating in any way to your use of the Site or the Jingle Punks Content resides in the courts of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York located in New York County in connection with any such dispute and including any claim involving Jingle Punks or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
YOUTUBE/GOOGLE CREATOR VIDEOS NON-EXCLUSIVE SYNCHRONIZATION / MASTER USE LICENSE AGREEMENT
Individuals registered with Google Creator Videos (each, a “Licensee”) are hereby granted the following license set forth below with respect to the Jingle Punks JinglePlayer™ Exclusive In-House Music Library (the “JinglePlayer Library”).
1. As used herein:
“Content” shall mean audiovisual content created by Licensee and available through the Interactive Service.
“Interactive Service” shall mean www.youtube.com, a site or application that transmits and/or provides access to transmissions of audiovisual content to third party users at their request or direction via the Internet wireless data network, telephone system (to the exclusion of music-on-hold services) or a similar transmission facility.
“Term” shall mean the period expiring on December 17, 2013.
“Transmissions” shall mean all transmissions of Content available through the Interactive Service.
“Users” are all those to whom Transmissions are made, or to whom access to Transmissions are provided by the Interactive Service.
2. Grant of License. Subject to the terms hereof, Jingle Punks hereby grants to Licensee the non-exclusive right and license (the “License”) to publicly perform, by means of Transmissions, non-dramatic renditions of each musical composition and master recording as may be set forth in the JinglePlayer Music Library from time to time (collectively, the “Tracks”) in synchronization and/or timed relation to Content, but not otherwise, and to copy and make reproductions of such Content incorporating any Track. Licensee acknowledges and agrees that all rights in and to the Tracks, whether now known or hereafter in existence, that are not licensed hereunder are specifically reserved by the Jingle Punks. Upon expiration of the Term, the License shall continue solely with respect to Tracks synchronized with and incorporated in Content prior to the expiration of the Term.
3. Limitations on License.
(a) The License extends only to Licensee and the Interactive Service and is limited to performances presented by means of Transmissions, and by no other means.
(b) Nothing in this JinglePlayer Use Agreement grants Licensee, or authorizes Licensee to grant to any User, or to anyone else, any right to reproduce, copy, distribute or publicly perform by any means, method or process whatsoever, any of the Tracks licensed by this JinglePlayer Use Agreement, including, but not limited to, transferring or downloading any such Track to a computer hard drive, or otherwise copying the Tracks onto any other storage medium, or any transmission, retransmission, further transmission, or accessing of any of the Tracks, except as such Tracks are incorporated in Content and solely to the extent permitted by the Interactive Service.
4. Limitation on Liability. Jingle Punks shall not be liable to Licensee for any indirect, special. punitive or consequential damages, including but not limited to loss of anticipated profits, in connection with or arising from this JinglePlayer Use Agreement and shall not be liable for any loss, damage, claim or liability arising from or related to any software program, data errors, digital transmission errors, failures, interruptions or delays, regardless of cause or notice of any potential liability regarding the same.
5. Non-Exclusivity. All rights granted hereunder are granted on a non-exclusive basis and Jingle Punks shall have the right to grant licenses for the use of the Tracks to other licensees. Upon the expiration of the Term or any renewals thereof, the respective rights granted to Licensee herein shall automatically revert to Jingle Punks and any further use of the Tracks shall be unauthorized, except as provided in Section 2 above.
6. Governing Law. This JinglePlayer Use Agreement shall be governed by and subject to the laws of the State of New York applicable to agreements made and to be wholly performed within such state. Any controversy arising under this JinglePlayer Use Agreement, if litigated, shall be adjudicated in a court of competent jurisdiction within the City and County of New York, and the parties hereby submit, agree to the jurisdiction of, and waive any claim of forum non-conveniens with respect to the exclusive jurisdiction of such courts.
7. Entire JinglePlayer Use Agreement/Modification. This JinglePlayer Use Agreement sets forth the entire agreement between Jingle Punks and Licensee with respect to the subject matter hereof and may not be modified or amended except by written agreement executed by the parties hereto.
8. Reservation of Rights. All rights not granted hereby to Licensee are expressly reserved by Jingle Punks.
Notwithstanding any of these Site Terms, Jingle Punks reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Jingle Punks. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Jingle Punks reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Jingle Punks at contact [AT] jinglepunks.com