Last Updated August 1, 2010
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”).
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
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.
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.
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:
Attn: Customer Service
1101 N. Mountain View Avenue, Tacoma, WA 98406
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.
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.
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.
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
GOVERNING LAW AND JURISDICTION; ARBITRATION