Jamsy TERMS AND CONDITIONS
These Terms and Conditions apply to the App Jamsy
Last updated 12 February 2018
The Jamsy mobile application is operated by Höylytt AS (“Höylytt”, “we”, “us”, “our” “the Company”), company number: 912 504 190, whose registered office is at Erfjordgata 8, 4014 Stavanger, Norway.
By accessing, installing or downloading the Jamsy mobile application (the “Service” or “the App”) you agree to be bound by and abide by these terms and conditions (the “Terms and Conditions”), whether or not you create an account. If you wish to make use of the Service, please read these terms and conditions.
If you do not accept to be bound by these Terms and Conditions, do not use the Service.
2 Acceptance of terms and Conditions
These Terms and Conditions constitute an electronic contract that establishes the legally binding terms you must accept to use the Service. By accessing, downloading, installing or using the Service or any part thereof you accept the terms, conditions and notices contained or referenced herein, and you consent to have these Terms and Conditions and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your user account. Please print a copy of these Terms of Service for your records. To receive a non-electronic copy of these Terms of Service, please contact us at firstname.lastname@example.org.
If you are accepting these Terms and Conditions on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to do so.
If you are under 18 years old, your legal guardian or parent must consent to your use of the Service, and must accept these Terms and Conditions and, notices or policies contained or referenced herein on your behalf.
3 Amendments to the terms and conditions
These Terms and Conditions may, at our discretion, be amended, modified or replaced at anytime. When material changes to the Terms and Conditions are made, you will be given prominent notice as appropriate under the circumstances, e.g. by displaying a prominent notice within the App or by sending you an email.
In some cases, we will notify you in advance, and your continued use of the Service after the amendment will constitute your acceptance of the amendment. If you do not wish to continue using the App under the new version of the Terms and Conditions, you may terminate use of the Service or contact us.
Any changes to these Terms and Conditions will be published on our website. Continued use of the Service after the amended Terms and Conditions are in force constitutes acceptance of the amended terms.
4 About jamsy (the Service)
The Jamsy App provides an all-in-one music composition tool based on one idea: make it really easy to create and play music, without the need for technical or theoretical prerequisites.
The App includes a number of preset musical styles from which the user may produce melodies. The App is intended to simplify and improve the creation of melodies.
Unless otherwise agreed by the Company in a separate written agreement, the Services are made available solely for your personal, noncommercial use.
5 “AS IS” & Modifications to the service
Höylytt reserves the right at its discretion to modify or discontinue, temporarily or permanently, the Service (or any part thereof), in whole or in part with or without notice. You agree that Höylytt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
Content and services of the App are provided "as is" and without warranty of any kind, including functionality. Höylytt reserves the right at its discretion to discontinue or change the App, including its content and services, in whole or in part. This right also includes updating the App.
You use the Service at your own risk.
6 User Account
In order to use the Service and to start creating melodies, we may require that you set up a user account.
Access to your account will be protected by a username (which must be a valid email address) and password which you will choose at the time you create your account. You may change your password at any time. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Höylytt of any disclosure or unauthorized use of your username or password or any other breach of security at email@example.com and ensure that you log out from your account at the end of each session.
We will be entitled to assume that anyone accessing your account using your username and password is either you or someone authorized by you and you will be responsible for any charges that are incurred by any person through your account. You must notify us immediately if you think that someone has gained unauthorized access to account.
In connection with your use of the Service, Höylytt may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
The Service may require internet connectivity (Wi-Fi) and/or appropriate telecommunication with cellular data connectivity. Höylytt shall have no responsibility or be liable for any costs related to this.
8 Payments and subscriptions
You can purchase products and services in the Jamsy App. The details of such services, and the prices and payment terms that apply, are detailed in the Jamsy App.
For any music packages or other similar products or services to be paid by way of a one-off payment, the products are purchased “as is”, and is considered transferred to you at the time of payment of the purchase price for such products and services.
For any subscriptions purchased in the Jamsy App (“Paid Subscription”), your payment to Höylytt will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you have purchased your Paid Subscription through a third party (e.g. Apple Store), your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
Höylytt may change the price for Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Jamsy App and the services included in the Paid Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Paid Subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
10 Intellectual Property rights
Höylytt owns and retains all proprietary rights in the Service, including, but not limited to all trademarks, trade names, service marks, copy rights and other intellectual property rights related thereto. Using the Service does not give you rights, title or interest in any such proprietary rights in the Service or in the content you access. These Terms and Conditions do not grant you any rights to use the abovementioned whether for commercial or non-commercial use.
You agree to not copy, modify, transmit, create and derivative works from, make use of or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible though the App, without first obtaining Höylytt’s prior written consent, or, if such property is not owned by Höylytt, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The Jamsy App and any content related hereto, including, but not limited to, the preexisting and preset tunes (“Höylytt Content”) is the property of Höylytt or Höylytt’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the Jamsy App and the Höylytt Content. The license shall remain in effect until and unless terminated by you or Höylytt. You promise and agree that you will only use the the App and the Höylytt Content for your own personal, non-commercial, entertainment use and that you will not redistribute, promote or transfer the Jamsy App or the Höylytt Content.
11 User-generated content and license
You hereby agree that content you submit to the Service will not contain third party copyrighted material, or material that is subjected to third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Höylytt all of the license right granted herein. By using the Service, and thus accepting these Terms and Conditions, you represent and warrant that you have the necessary rights, licenses, consent and/or permissions to publish the content you submit.
Höylytt reserves the right to remove all user-generated content if properly notified that such content infringes another’s intellectual property. Contents may be removed upon receipt of infringement notice from the infringed third party; court order shall not be required. Höylytt reserved the right to remove content without prior notice and terminate the accounts of repeat infringers.
You understand and agree that Höylytt may, but is not obliged to, monitor and review any content you post or submit when using the Service. Höylytt may delete any content, in whole or in part, that in the sole judgement of the Company violates these Terms and Conditions or the law, or may damage Höylytt’s reputation.
The Jamsy App and the Höylytt Content is licensed, not sold, to you, and Höylytt and its licensors retain ownership of all copies of the Jamsy App and the Höylytt Content even after installation on you mobile handsets, tablets and/or other relevant devices (“Devices”).
You retain ownership to any melodies created by you as a user based on and combining the preexisting and preset tunes in the App (“User Content”). By using the service, you grant Höylytt and its affiliates an irrevocable, perpetual, non-exclusive, sub-licensable, fully paid-up, worldwide right and license to the User Content to (i) use, copy, host, store, perform, display, reproduce, record, play, adapt, modify and distribute the content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by the Company will not infringe or violate the rights of any third party.
The User Content cannot be commercialized by you unless explicitly accepted in writing by Höylytt. Höylytt has the right to a 15 % royalty fee of any revenue resulting from the commercialization of the User Content.
You will indemnify, hold harmless and defend Höylytt and its officers, directors and employees from and against any and all third party claims, disputes, liabilities, damages, losses and costs, including for the avoidance of doubt all costs incurred in connection with any legal proceedings against Höylytt, for claims arising out of or made in connection with your use of the App, including, but not limited to, your infringement of any third party rights.
13 Term and termination
The Terms and Conditions will continue to apply to you until terminated by either you or Höylytt. Höylytt may terminate the agreement or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service’s content or non-compliance with these Terms and Conditions. You may terminate the agreement at any time.
14 Warranty and disclaimer
To the maximum extent permitted under applicable law, Höylytt provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service, including all content contained therein. Hereunder, Höylytt disclaims all implied warranties of completeness, accuracy, security, reliability, merchantability, title, non-infringement, and fitness for a particular purpose. The Company does not warrant that the Service will be uninterrupted or error-free.
The Service may link to third party websites or allow access to third-party services. Such sites or services are not under the control of Höylytt, and Höylytt is not responsible for the content or any link on such sites or for the temporary or permanent of such third-party sites or services.
15 Limitation of Liability
To the greatest extent permitted under applicable law, Höylytt and its affiliates and/or partners shall have no responsibility or liability whatsoever to you for any direct, indirect, special, consequential or incidental loss, damages or liabilities, including, but not limited to loss of income, loss of data, loss of business, profits or revenues, loss of goodwill resulting from your access to or use of or inability to access or use the Service, even if Höylytt or any of its affiliates or partners have been advised of the possibility of such losses, damages or liabilities.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claim and causes of action with respect to damage to your device, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material.
Höylytt is not liable for any potential claim, including but not limited to copyright claims, from third parties regarding the rights to preexisting preset tunes or claims of copyright infringement against User Content.
In any event and notwithstanding any to the contrary contained or referenced to herein, Höylytt’s liability to you for any cause whatsoever, and regardless of the form of action, shall at all times be limited to the amount paid by you, if any, to Höylytt for the Service while you have an account. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and the terms and conditions herein, must be files within one year after such claim or cause of action arose or be forever banned.
16 Governing Law and Jurisdiction
These Terms and Conditions and the use of the App, and all non-contractual relationships arising from or in relation to the App, shall be governed by and construed and interpreted based on the laws of Norway.
By accepting these Terms and Conditions you hereby submit to the exclusive jurisdiction of Stavanger city court, Norway, to settle any dispute which may arise under, or in relation to, these Terms and Conditions or any use of the Service.
These Terms and Conditions apply to you and cannot be transferred to others without the written consent of the other party. Consent cannot be withheld without just grounds.