Terms and Conditions
Jammify is a music platform that makes it possible to create music with everyone from all over the world.
You are kindly requested to read this Agreement carefully. If you agree with the terms and conditions as set out in this Agreement please click on the “I accept button” below, if not, please click in the “I do not accept button” which will bring you back to the homepage.
The terms and conditions of this Agreement shall apply to the relationship between the company incorporated under Dutch Law Pro Music Creater B.V. (hereinafter referred to as: “Jammify”) and any party using the website www.jammify.com to create the musical works and/or recordings.
Article 1 – Definitions:
In this Agreement the following words and expressions shall have the following meanings unless the context requires otherwise:
Artist: any User creating, providing to - or editing a Work by using the Service,
Free User: the user of the Service free of charge.
Pro User: the user of the Service paying a Service Fee to Jammify for the benefits as set out in article 3.
Pro User Fee: the monthly fee of [Starting from 5 Euros per month] payable by Pro Users to Jammify.
Service: the software of Jammify which shall be made available to the Artist through the Website.
Soundcloud: the online music platform Soundcloud.
User: any Free User and/or Pro User.
Website: the website as set out on the URL www.jammify.com.com.
Works: all musical works and/or sound (live) recordings (including performances thereof) or parts thereof submitted by the Artist to be included in the Service.
Article 2 – Subject of this Agreement
2.1 The Artist submits Works for open source use and/or exploitation by Users using the Service. Jammify shall make the Works available for open source use to Users by uploading the Works on Sound Cloud. The Artist agrees that all Users are entitled to use, amend, edit and exploit the Works as submitted by the Artists and uploaded by using Sound Cloud.
2.2 The Artist is not entitled to withdraw the Work after submitting any (amended or edited) Work on the Website.
2.3 The Artist shall always provide to Jammify in good time and/or by request of with any information and/or documentation with regard to the Works.
Article 3 – Pro User Fees and benefits
3.1 Jammify shall arrange for Free users to have  MB's available on the Website, while Pro Users shall have [25.000] MB’s available on the Website.
3.2 Pro Users shall upon receipt of the Pro Music Fee by Jammify have access to the Pro User benefits as set out in the Pro User settings on the website.
Article 4 - User obligations
The User guarantees that is shall not provide any Works or amended versions thereof as provided to Jammify in whole or in part as mobile telecom, audio content such as ringtones, ring back tones, sound escapes, multi media messaging services (MMS) voice messaging, greeting mail services or other content application now or in the future known.
Article 5 – Artist warranties
5.1 The Artist hereby represent and warrants to Jammify that:
the Artist is the sole owner of all copyrights to the Works and authorised to license Jammify and its Users to use, amend and/or edit the Works.
the Artist have the full power and authority to enter into this Agreement and to license the Users to use, amend and/ or edit the Works;
the Artist has not transferred it’s rights to (or performance to the) the Works to any Collective Copyright Organisation (such as Buma/Stemra, SABAM etc.) and/or any collective Neighbouring Rights Organisation (such as SENA, NORMA, URADEX, and/or MICROCAM;) and that the Artist has not signed and shall not sign any exploitation agreement with regard to the Works and/or the performance thereof; and
The Artist guarantees that nothing which is associated with the Works and/or the Performances infringes any copyright or any other rights of any third Party, or is in any other way unlawful towards a third Party.
5.2 Jammify reserves the right to remove the Works at any time from the Service at its own discretion .
Article 6 – Moral rights
6.1 In the event that the Artist discloses to Jammify a name, indication of the Work or designation of the Artist, the Artist thereby waives it’s right pursuant to article 25 of the Dutch Copyright Act (“Auteurswet”) to oppose against a notification or publication of the Work under such name, description and specification.
6.2 In the event that pursuant to article 1 of the Dutch Neighbouring Rights Act, the Artist is the performer of the Work and the Artist disclosers to Jammify a name, indication of the Performance of the Work or designation of the Artist, the Artist hereby waives it’s right pursuant to article 5 of the Neighbouring Rights Act (Wet Naburige rechten) to oppose against a notification or publication of the performance of the Work under such name or indication or against designation of the Artist.
Article 7 – Complaints
7.1 In the event that a User finds that Jammify did not fulfil its obligations towards a User, User will notify Jammify in writing within eight (8) days after discovery. In order for Pro Music Creactor to be able to reacts adequately, User shall describe in detail which obligation Jammify did not perform.
7.2 In the event Jammify agrees with a complaint, Jammify will have the opportunity to fulfil its obligation towards user once again. In the event that this is according to objective standards not possible Jammify shall only be liable within the framework of article 10
Article 8 – Intellectual property
All intellectual property rights related to the Service and/or the trade name and trademark Jammify belong all times to Jammify.
Article 9 – Force Majeure
9.1 Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement, if such failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
9.2 Notwithstanding the article 8.1, the Artist declares and warrants towards Jammify that the Works do not contain viruses interfering with the computer systems and/or data used by Jammify.
Article 10 – Indemnity
10.1 The Artist indemnifies Jammify against any claim of third Parties, all costs related thereto and financial consequences of such claims for Jammify under the guarantees as mentioned in article 4.
10.2 The Artist shall indemnify Jammify against any claim of third Parties concerning the fact that the Works and/or performance of the Artist as provided on the Website contains any statement or material which are obscene or incriminating for third Parties.
Article 11 – Liability
Jammify shall not be liable towards the User or the Artist for damages of what ever nature arisen in connection with the exploitation of the Works and/or any performance of the Artist as provided on the Website and/or in connection with this Agreement, accept in the case of intent or gross negligence.
Article 12 – General
12.1 This agreement shall form the entire agreement between the User and/or Artist and Jammify there have not been any conditions, obligations, promises or other provisions, orally or in writing, explicitly or implicitly, on which one could trust, other than included in this agreement.
12.2 This agreement may only be change in writing signed by or on behalf of both Parties.
12.3 This agreement shall be governed by Dutch law. Any dispute resulting from or in connection with this agreement shall be submitted to the competent Court of Amsterdam, The Netherlands.