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THEJAZZVNU TERMS OF USE

 

Last Updated August 1, 2010

IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS OF USE (“TERMS OF USE“) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THEJAZZVNU, LLC, ITS SUPPLIERS, VENDORS AND LICENSORS (“THEJAZZVNU“) AND GOVENS YOUR USE OF WWW.THEJAZZVNU.COM (“WEBSITE“) AND THEJAZZVNU’S ONLINE STREAMING MUSIC SERVICE (“THEJAZZVNU SERVICE“).

 

BY VISITING THIS WEBSITE AND/OR BY CHECKING THE “I ACCEPT” BUTTON AND USING THEJAZZVNU SERVICE, YOU ACKNOLWDGE AND AGREE THAT YOUR USE IS SUBJECT TO THESE TERMS OF USE. ADDITIONALLY, ANY AND ALL USES OF THIS WEBSITE AND THEJAZZVNU SERVICE ARE SUBJECT TO THEJAZZVNU PRIVACY POLICY (“PRIVACY POLICY“). THEJAZZVENU RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO ALTER OR UPDATE THIS WEBSITE, THEJAZZVNU SERVICE, THESE TERMS OF USE, AND/OR THE PRIVACY POLICY AT ANY TIME. BY CONTINUING TO VISIT THIS WEBSITE AND/OR USE THEJAZZVNU SERVICE AFTER ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY SUBSQUENT CHANGES AND ACKNOWLEDGE THAT THEJAZZVNU WILL HAVE NO LIABLITIY TO YOU AS A RESULT.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, CLICK ON THE “CANCEL” BUTTON, DO NOT CREATE A USER ACCOUNT (DESCRIBED BELOW) AND DO NOT USE THEJAZZVNU SERVICE.

PARENTAL ADVISORY
IF YOU ARE BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THEJAZZVNU SERVICE IS NOT DESIGNED FOR CHILDREN UNDER THE AGE OF 18. THE JAZZVNU SERVICE MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE, DEPICTIONS OF VIOLENCE, SEX AND/OR SUBSTANCE ABUSE – PARENTAL DISCRETION IS ADVISED.

 

SPECIAL NOTICE REGARDING MINORS (COPPA)
TheJazzVnU does not knowingly collect personal information from persons under the age of 18 or allow them to register a User Account. If you are under the age of 18, you must not attempt to register with TheJazzVnU and/or submit any personal information. If it comes to TheJazzVnU’s attention that personal information has been collected from a person under the age of 18, TheJazzVnU will delete this information as quickly as possible. If you believe that TheJazzVnU may have personal information from or about a child under the age of 18, please contact TheJazzVnU at privacy@TheJazzVnU.com. If TheJazzVnU learns that a minor is using TheJazzVnU Service, TheJazzVnU will require verified parental or guardian consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

 

USER ACCOUNTS
To use TheJazzVnU Service you will be required to create a user profile providing certain information such as your name, address, payment information, a valid email address, user name and password (“User Account”). You are solely responsible and liable for all activity occurring under your User Account including your User Account settings, keeping your contact and payment information up-to-date preferences, and maintaining the confidentiality of your password. If you believe there has been unauthorized activity on your User Account, please contact TheJazzVnU immediately at support@TheJazzVnU.com.

 

THIRD PARTY TECHNOLGY AND SERVICES
This Website and TheJazzVnU Service contain products and services supplied by third party vendors such as payment and hosting services. Each vendor may have its own terms of use and privacy policy governing its products and services. Your use of this Website and TheJazzVnU Service is subject to your acceptance of these respective terms of use and privacy policies.

 

LICENSE
Subject to your compliance with these Terms of Use, TheJazzVnU grants you a limited, non-exclusive, non-transferable, non-assignable license to use TheJazzVnU Service for personal and non-commercial use only.

 

RESTRICTIONS
You are expressly prohibited from engaging in (or assisting others to engage in) any action or conduct that could reasonably interfere with this Website or TheJazzVnU Service including: (a) storing, editing, changing, preparing any derivative work of, or altering in any way any of the music streamed through TheJazzVnU Service; (b) selling, leasing, assigning, sublicensing or otherwise transferring TheJazzVnU Service; (c) modifying, translating, editing, reverse engineering, decompiling or disassembling this Website and/or TheJazzVnU Service; (d) creating derivative works based upon TheJazzVnU Service; (e) altering, destroying or otherwise removing any proprietary notices embedded within TheJazzVnU Service; or (f) gaining unauthorized access to other User Accounts (“Prohibited Conduct”).

 

TheJazzVnU may, in its sole discretion, immediately suspend or terminate your access to TheJazzVnU Service if it believes that you have, or intend to engage in any Prohibited Conduct.

 

PAYMENT
You agree to pay all fees and charges associated with your use of the JazzVnU Service (your “Subscription”) on a timely basis; all such fees and charges (including any taxes and late fees, as applicable) for your Subscription will be charged on your credit card on a monthly or annual basis as determined by you. You will maintain valid credit card information in your Account Information. If payment is not received by TheJazzVnU from your credit or debit card issuer or its agents, you agree to pay all amounts due within thirty (30) days following a written demand by TheJazzVnU.

 

ELECTRONIC COMMUNICATIONS
By providing TheJazzVnU your email address, you consent to TheJazzVnU using your email address to send you service-related notices, including among other things notices required by law, in lieu of postal mail and information related to your Subscription. You may not opt out of service-related emails. TheJazzVnU may also use your email address to send you other messages, including information about TheJazzVnU and special promotions and information. You may opt out of such non-service-related emails by following the instructions in the relevant correspondence, changing your account settings, or sending an email to opt-out@TheJazzVnU.com. You may also opt out of receiving non- non-service-related emails by sending mail to the following address:

 

TheJazzVnU
Attn: Customer Service
1101 N. Mountain View Avenue, Tacoma, WA 98406

 

COPYRIGHTS
Any and all copyrights residing on this Website and TheJazzVnU Service attributable to TheJazzVnU are the sole property of TheJazzVnU. Any and all music available by TheJazzVnU Service is used under license by TheJazzVnU, the property of its respective owner(s), and protected by United States and international copyright laws. No underlying right, title or interest in or to any music will pass to you by virtue of using TheJazzVnU Service.

 

TRADEMARKS
TheJazzVnU and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts, and service names) displayed on or within TheJazzVnU Service or on this Websites are trademarks of TheJazzVnU or respective licensors and are protected by U.S. and international law (“Marks”). The Marks may not be used in connection with any product or service without the owner’s express written permission and all goodwill associated with the use of such Marks will inure to the benefit of their respective owners.

 

THIRD PARTY LINKS
TheJazzVnU may provide links to other sites over which TheJazzVnU has no control. TheJazzVnU is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party websites or resources.

 

COPYRIGHT COMPLAINTS
TheJazzVnU respects the intellectual property of others. If you believe content appearing on TheJazzVnU has been used in a way that constitutes copyright infringement, please follow TheJazzVnU Copyright Infringement Notification procedures located here and which are incorporated into these Terms of Use by this reference.

 

PRIVACY
Please review TheJazzVnU’s Privacy Policy located here which also governs your use of this Website and TheJazzVnU Service and which is incorporated into these Terms of Use by this reference.

 

SECURITY
TheJazzVnU uses commercially reasonable measures to protect unauthorized access and TheJazzVnU Service. REGARDLESS OF THE EFFORTS THEJAZZVNU UNDERTAKES WITH RESPECT TO SECURITY OR OTHERWISE, THEJAZZVNU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THEJAZZVNU SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THEJAZZVNU WILL BE ERROR-FREE OR SECURE.

 

IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY AND YOUR USER ACCOUNT WILL BE TERMINATED.

 

FEEDBACK
TheJazzVnU does not accept unsolicited feedback, suggestions or other information about this Website or TheJazzVnU Service. If you provide comments, email suggestions or feedback, TheJazzVnU will be free to use any of the same for any purpose, including improving its products and services and creating derivative technologies without additional compensation.

 

PROMOTIONS AND COMPETITIONS
TheJazzVnU may run promotions or competitions which will be governed by separate set of terms and conditions. A link to these terms and conditions will be found on this Website, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details and any eligibility requirements.

 

DISCLAIMER OF WARRANTIES
THEJAZZVNU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THEJAZZVNU SERVICE OR THIS WEBSITE FOR YOUR PURPOSES, OR THAT THEY WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THEJAZZVNU SERVICE AND THIS WEBISTE ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEJAZZVNU BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR THEJAZZVNU SERVICE, EVEN IF YOU HAVE ADVISED THEJAZZVNU OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOUR EXCLUSIVE REMEDY AND THEJAZZVNU’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THESE TERMS OF USE, THIS WEBSITE OR THEJAZZVNU SERVICE FOR ANY REASON WHATSOEVER WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE (1) YEAR OF THE THEN CURRENT SUBSCRIPTION FEES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON.

 

THEJAZZVNU WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THESE TERMS OF USE DUE TO INTERRUPTIONS, LIMITATIONS, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET RESULTS DELAYS, DELIVERY FAILURES OR ANY OTHER DAMAGES BEYOND ITS REASONABLE CONTROL.

 

INDEMNIFICATION
You will indemnify and hold TheJazzVnU (its officers, employees, agents, parents, subsidiaries, affiliates, licensors, business partners, vendors and suppliers) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with (a) your breach of these Terms of Use including, without limitation, the infringement by you of any third party intellectual property rights, and/or (b) your use of TheJazzVnU Service.

GOVERNING LAW AND JURISDICTION; ARBITRATION
These Terms of Use will be governed by and construed under the laws of the State of Washington without regard to conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with or otherwise relating to these Terms of Use, this Website, TheJazzVnU Service, or any breach or alleged breach hereof (“Claim”) will, upon the request of any party involved, be submitted to and settled by arbitration in or around the City of Seattle in the State of Washington; provided, that the following will apply in all cases: (a) there will be only one arbitrator (excluding arbitrators from JAMS) chosen by an independent third party mutually acceptable to both parties; (c) the arbitrator will mitigate all costs of the arbitration to comport with the amount in controversy; (d) the arbitration in its entirety (including discovery, preparation, hearings, motions, etc.) will not exceed a total of twenty (20) hours, and will begin and conclude within ninety (90) days of the date the party seeking arbitration of a Claim provides notice of such Claim; (e) discovery will be limited in a manner to comply with the time and budget constraints set forth in subsections (d) and (e); (f) the arbitrator will cite applicable law to support all findings of fact and conclusions of law; and (g) the prevailing party in any arbitration brought under these Terms of Use will be entitled to recover from the other party its reasonable attorney’s fees and related costs of the arbitration, which fees and costs will be included in and become part of the arbitration award. Any award rendered will be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.

 

REMEDIES
Notwithstanding any of the foregoing, you agree that monetary damages may be inadequate to compensate for the unique losses to be suffered in the event of your breach of these Terms of Use, and that TheJazzVnU will be entitled to, in addition to any other remedy it may have under these Terms of Use or at law, injunctive relief including specific performance of the terms of these Terms of Use without the necessity of posting bond.

 

GENERAL
These Terms of Use, along with the Privacy Policy constitute the complete and final agreement between you and TheJazzVnU with respect to your use of this Website and TheJazzVnU Service. If any provision of These Terms of Use is held invalid, illegal or unenforceable, it will be deemed reformed or omitted to the extent determined by such court and the remainder of these Terms of Use will remain valid and enforceable. TheJazzVnU may transfer or assign these Terms of Use (its terms, conditions and obligations), this Website and TheJazzVnU Service, in whole or in part, to any third party of its choosing. This Terms of Use will inure to the benefit of and be binding upon your respective successors and permitted assigns. Failure or delay by TheJazzVnU in exercising any rights or remedy under these Terms of Use will not operate as a waiver of any such right or remedy now or in the future. You and TheJazzVnU are independent parties and nothing in these Terms of Use create an employment, partnership or agent relationship.

 

CONTACT US
If you have questions regarding these Terms of Use, please contact TheJazzVnU at:

 

TheJazzVnU
Attn: Terms of Use
Email: support@TheJazzVnU.com