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Terms of Use · DownToJam

Terms of Use

Last Revised: Mar 4th, 2015


This website (the "Website") is operated by DownToJam. The Terms of Use set forth below are binding on all users of this Website. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Use. DownToJam may change the Terms of Use at any time at its sole discretion. DownToJam reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that DownToJam determines has violated any aspect of these Terms of Use. DownToJam reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by DownToJam.

REQUIREMENTS FOR USE OF THE WEBSITE

Musicians on DownToJam provide their real names (or aliases) and information, and we need your help to keep it that way. Please adhere to the following:

  1. You will not provide any false personal information on DownToJam, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we remove your account from DownToJam.com, you will not create another one without our written consent.
  4. You will not set up an account or use DownToJam if you are under 14 years old.
  5. You will not use DownToJam if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

If you become aware that your child has provided us with personal information without your consent, or you are aware that a child under 14 has signed up for an account on DownToJam.com and provided personal information, please contact us at support@downtojam.com. We do not knowingly collect personal information from children under 14 years of age. If we become aware that a child under 14 has provided us with personal information, we take steps to remove such information and terminate the child's account.

PERSONAL SAFETY

DOWNTOJAM STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE. DOWNTOJAM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.

Your safety and security are very important to us. The nature of this Website promotes the sharing of some personal information by users with other users. DownToJam cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person's home solely using that person's correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via email at support@downtojam.com so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express written consent of the user that has provided such information to you.

PRIVACY

All information submitted on the Website is publicly accessible. Important and private information should not be added to the Website. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See DownToJam's Privacy Policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use.

SECURITY

The Website uses industry leading host providers in the United States to store our Website, content, and data. These data centres use industry standard technology, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; DownToJam cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances. Permanently deleted private messages will remain in the DownToJam database for security purposes.

ACCESS AND PROPRIETARY RIGHTS

As part of your agreement with these Terms of Use, you are authorized to access and use information available on this Website only for purposes of your personal use in order to communicate with other users, or to communicate with DownToJam. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products or services. Violation of this restriction may result in infringement of intellectual property and contractual rights of DownToJam or third parties which is prohibited by law and could result in substantial legal penalties.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us at support@downtojam.com with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable DownToJam to find the alleged infringing material)--i.e., the material's exact electronic location;

  • a description of what the claimed infringement is;

  • the date and time when the claimed infringement occurred;

  • your address, telephone number and email address; and

  • your right or interest with respect to the copyright in the work to which the claimed infringement relates.

Upon receiving a notice of claimed infringement, DownToJam will do the following:

  • forward the notice to the identified user as soon as feasible;
  • remove the material that is claimed to be infringing;
  • notify the person who sent the notice that the notice was forwarded and the material removed, or, if applicable, of the reason why it was not possible to forward it, and/or to remove the material; and
  • retain records that will allow the identified user's identity to be determined for six months beginning on the day on which the notice of claimed infringement was received, or if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which DownToJam receives the notice of claimed infringement.

DownToJam, DownToJam.com, and other identifying marks of DownToJam are proprietary to DownToJam. You may not use these marks for any purpose without the express prior written consent of DownToJam. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of DownToJam or any third party.

In certain instances, DownToJam may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

LICENSE

By publishing Content to any part of the Website, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. This means that DownToJam may use your photo, likeness and persona on the DownToJam landing page, the blog, and in places linking to the blog, including DownToJam newsletters and all associated social media accounts. You may remove such Content from the Website at any time and the license granted above will automatically terminate.

LINKS

This Website may contain links to other websites that are not operated or controlled by DownToJam. Use of these links to access other Internet sites is at your own risk. DownToJam is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. DownToJam establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

CLASSIFIEDS

Using DownToJam. You agree to post in the appropriate category or area of DownToJam and will not do any of the following:

  • violate any laws or our Prohibited Content Policy;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm DownToJam or the interests or property of DownToJam users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of DownToJam;
  • copy, modify, or distribute any other person's content;
  • use any robot, spider, scraper or other automated means to access DownToJam and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to DownToJam.

Abusing DownToJam. Please email support@downtojam.com to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off DownToJam if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies; however, whether we decide to take any of these steps, remove hosted content or keep a user off DownToJam or not, we do not accept any liability for monitoring DownToJam or for unauthorized or unlawful content on DownToJam or use of DownToJam by users.

Content. DownToJam contains stuff from us, you, and other users. You agree not to copy, modify, or distribute DownToJam, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. As part of this license, DownToJam may use your photo, likeness and persona on the DownToJam landing page, the blog, and in places linking to the blog, including DownToJam newsletters and all associated social media accounts. If you believe that your rights have been violated, please notify us at support@downtojam.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. Only the intellectual property rights owner can report of potentially infringing items or listings through DownToJam. If you have a good faith belief that a listing on DownToJam infringes your copyright, trademark, or other intellectual property rights, please see the "Access and Proprietary Rights" section of these terms, above, for our reporting procedure.

Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on DownToJam comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of DownToJam, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

LIMITATION OF LIABILITY. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

Personal Information. By using DownToJam, you agree to the collection, transfer, storage and use of your personal information on servers located in the United States as further described in our privacy policy.

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing. Send questions, comments or complaints to support@downtojam.com

PROHIBITED CONTENT POLICY

The Ads you post on DownToJam must adhere to all applicable laws. The posting of Ads on DownToJam relating to illegal, offensive or regulated goods and services is prohibited. DownToJam may delete any such Ads and may also terminate your account at its discretion if you post any such Ads.

The list below provides several examples of what can't be posted on DownToJam, but it is not an exhaustive list:

  • Adult or Erotic Products and Services
  • Alcoholic Beverages
  • Baby Walkers
  • Blood, Bodily Fluids and Body Parts
  • Burglary Tools
  • Car seats manufactured prior to January 1st, 2012
  • Counterfeit currency, stamps or coins
  • Counterfeit Products
  • Electronic Surveillance Equipment designed or used primarily to illegally intercept/record the private actions or interactions of others without their knowledge or permission
  • Embargoed Goods
  • Escort or accompanying services
  • Government and Transit Uniforms, IDs and Licenses
  • Health or weight loss products that have not been approved by Health Canada
  • High-Powered Laser Pointers
  • Drugs and Drug Paraphernalia (this includes both legal and illegal narcotics or pharmaceuticals) or any mention of related items, services or activities
  • Illegal Services
  • Ivory or bone (Examples include: Bone from animals that produce ivory, carved and uncarved ivory, manufactured items containing actual ivory, and so on)
  • Hazardous Materials
  • Fireworks, Destructive Devices and Explosives
  • Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
  • Items which encourage or facilitate illegal activity (such as mod chips or modding services)
  • Knives, excluding collectable knives and swords (unsharpened, fantasy/antique) and kitchen utensils, cutlery
  • Lottery Tickets, Sweepstakes Entries and Slot Machines
  • Massage Service Ads posted by anyone who is not a Registered Massage Therapist (RMT) and who is unable to provide insurance receipts for customers
  • Massage Service Ads with full body photographs. Photographs are to be limited to head shots or photographs of the facility
  • Massage may also be included as part of an Esthetics package by a registered Esthetician but may not be offered on its own
  • New merchandise or services from network marketing companies, independent franchisees or distributors, or similar representatives*
  • Obscene Material and Child Pornography
  • Offensive Material
  • Pesticides
  • Pictures or images that contain nudity
  • Police Badges and Uniforms
  • Prescription Drugs and Devices
  • Prostitution or Ads that offer sex, sexual favours or sexual actions in exchange for money
  • Recalled items
  • Satellite products that violate the Radiocommunication Act
  • Sexual services, including webcamming
  • Solicitation of other users except by placing an Ad
  • Stocks and Other Securities
  • Stolen Property
  • Tobacco and Related Items
  • Taxidermied Animals (Taxidermy Services are permitted as this is a legal service)
  • Tobacco Products or other smoking related items (hookahs, e-cigarettes, herbal blends etc.)
  • Meat for human consumption (meat for dogs is allowed in Pets> Accessories)
  • Used Cosmetics
  • Weapons and related items, services or activities (such as firearms, firearm parts and magazines, ammunition, Airsoft rifles or parts, BB and pellet guns, replica weapons, tear gas, stun guns, archery equipment, and martial arts weapons)
  • Representatives from reputable direct sale companies (such as Avon, Tupperware, Watkins) are permitted to post one (1) Ad in the most appropriate Services Category of their closest DownToJam City, advertising their presence, or any new product lines or promotions that are available. Any Ads in the Buy and Sell sections, or any Ads attempting to recruit new representatives will be removed.

* Users must be at least 16 to post Ads on their own. Ads for our younger users must be posted by an adult for security reasons.

NOTICES AND DISCLAIMERS

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT DOWNTOJAM'S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by DownToJam at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. DownToJam's provision of any such information is not intended to constitute an endorsement or recommendation, by DownToJam, of such products or services.

LIMITATION OF LIABILITY: IN NO EVENT SHALL DOWNTOJAM BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE OR BY A USER OF THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. DOWNTOJAM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF DOWNTOJAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT DOWNTOJAM CORRECT THE MATTER OR, IF DOWNTOJAM FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

LAWS AND REGULATIONS

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario without regard to its conflict of law provisions. You agree that the proper forum for any dispute regarding these Terms of Use or your use of DownToJam is in the courts of Ontario, Canada.

Information on this Website may be subject to Canadian export control restrictions. Despite the above, it is possible that your use of this Website may be subject to the laws of other countries if you are not located in Canada. You are required to use DownToJam in a manner that complies with the laws of your own country as well as with these Terms of Use.

UNIQUE AND BONA FIDE PROFILE

You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide musician-seeking purposes (for example, you may not use the Website solely to compile a report of compatible musicians in your area or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services. DownToJam reserves the right to remove a profile if it decides the information on the profile, including profile pictures and links to music, is offensive, inaccurate, untrue, or distasteful.

COMMERICIAL USE PROHIBITED

The Website is for your personal use only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of messages you send or receive and electronically filtering or throttling or terminating your messages.

CONDUCT

In your digital interactions with other users (including, but not limited to: site messages, instant messages, etc.), you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. DownToJam reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, remove any user profile that is deemed to have engaged in harassment or mischief. As part of these efforts, DownToJam may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user's conduct is harmful to the community.