WHOJAM is a community of musicians who wish to share unique musical experiences. Please note that the JAMMERS are clearly informed and acknowledge that the video and musical content they broadcast via the WHOJAM Website is under the Creative Commons license
WHOJAM ACCOUNT: refers to the area created by the web surfer to become a JAMMER and to use all of the features of the Service, and in which his personal information is stored.
JAMMER: refers to any web surfer, as a natural person, registered on the WHOJAM Website and using the Services for his personal requirements to the exclusion of any habitual or commercial activity, and possessing a WHOJAM Account for this purpose providing him with access to the advanced features of the Service.
CREATIVE COMMONS LICENCE: this is a license enabling JAMMERS to copy, distribute and communicate the JAMS by any means and in any form. A person making his work available under a Creative Commons License may not withdraw the authorisations granted by the licence if the terms of this license are being respected. To consult the full details of the licence please click here.
SERVICES: refers to all of services, namely:
WHOJAM reserves the right to modify/add/delete Services.
USER: refers to any natural person accessing the Service, whether or not he is a JAMMER.
Free use: The use of the Services is free of charge.
The JAMMER may log out of the Service at any time (via the logout section). If the JAMMER ticks the "Remember me" tick box, a cookie is created in his browser to directly authenticate him and enable him to access the Services.
Prior technical requirements: To use the services, the JAMMER will require:
Consequently, the JAMMER accepts and understands that the performance of the Services may be affected according to the resources used by the JAMMER. Furthermore, the JAMMER is responsible for his Internet subscription and WHOJAM may not be considered liable for the invoicing terms of the JAMMER’S ISP or phone operator regarding the use of the Service.
Capacity to enter into contractual relations: In order to be able to access the Services, the JAMMER must be aged at least 18 years of age and possess full legal authority to enter into a contract, or, if he is not, must be able to provide proof that his legal representatives agree to this.
Transparency vis-a-vis the WHOJAM community: The JAMMER will be invited to supply information to identify himself, by registering via Facebook or by completing the form available on the WHOJAM Website. The information which the JAMMER supplies to WHOJAM during registration must be complete, accurate and up-to-date. WHOJAM reserves the right to request that the JAMMER confirms his identity, his eligibility and the information supplied, by all appropriate means.
Posting Jams: The JAMMER may post JAMS on condition that he is the holder of all rights concerning the content posted on the WHOJAM Website. The JAMMER is solely liable for his JAMS and consequently guarantees WHOJAM against any legal action initiated concerning a JAM which violates a third party's rights.
Respect for the WHOJAM community: The JAMMER agrees:
Pursuant to article L121-21-8 of the Consumer Code, the JAMMER has no right of withdrawal when he has confirmed his registration on the WHOJAM Website, thereby accessing the digital content of the WHOJAM Website.
Withdrawal of illegal content:
In its capacity as the hosting provider, WHOJAM
will promptly remove any illegal content posted on the WHOJAM Website. Any web surfer and in particular the JAMMERS may provide notification of content and JAMS which are clearly illegal. This notification may be submitted by e-mail to the following address [email protected] mentioning the following in the subject line of the e-mail "NOTIFICATION CONTENU ILLICITE"(ILLEGAL CONTENT).
Please note that pursuant to article 6 I 5) of the law of June 21, 2004, the notification must mention:
The JAMMER acknowledges that WHOJAM is in no way liable for or connected with the reliability of the Internet network. Consequently, WHOJAM may not be considered liable for any problems caused by the operation of the Internet or if the JAMMER is the victim of a virus or other threats via the WHOJAM Website.
WHOJAM declines all liability in the event of the non-performance or poor performance of its contractual obligations caused by the JAMMER, particularly when entering his data and posting JAMS.
WHOJAM may not be considered liable or considered as having failed in its present obligations for any late performance or non-performance related to a case of force majeure as defined by the case law of the French courts.
WHOJAM is not liable for and will not be required to make good or compensate for any possible consequential losses suffered by any JAMMER or a third party due to the use of the Services. The term "consequential losses" refers to all losses which do not result exclusively and directly from a fault on the part of WHOJAM.
It is furthermore hereby stipulated that WHOJAM does not control the websites which are directly or indirectly linked to the WHOJAM Website. Consequently, it declines all liability for any information published on such sites. Links to third-party websites are supplied for information purposes only and no guarantees are provided concerning their content.
WHOJAM collects data via the WHOJAM Website concerning the Users and more particularly the JAMMERS, including by means of cookies. It is possible to deactivate cookies by following the instructions supplied by the web browsers.
The data collected by WHOJAM is used to improve the JAMMERS’ experience and more particularly to process registrations or information concerning the JAMMERS, the satisfactory operation of the Services and more generally of the WHOJAM Website. The JAMMERS’ data is stored confidentially by WHOJAM in compliance with its declaration no.1768083 v 0 submitted to the CNIL (French data protection authority). The JAMMERS’ data will only be transferred to third-parties after having obtained their consent and/or having informed them.
The JAMMERS may de-register at any time by accessing their WHOJAM Accounts.
In compliance with law number 78-17 (modified) of January 6 1978 concerning data files and personal liberty, each JAMMER has a right to access, modify or delete his own data. He may exercise this right directly via his WHOJAM Account or by sending an e-mail to [email protected] with "MY DATA" in the subject line and providing proof of his identity (copy of a suitable means of identification).
Furthermore, the JAMMER may request the termination of the WHOJAM Account at any time.
Protection of copyright: In its capacity as a hosting provider, WHOJAM will promptly remove any content posted without authorisation and in violation of copyright. To do so, a fast-track procedure has been set up and the author himself or his representative must contact WHOJAM sending it the necessary items of proof by e-mail to the following address: [email protected] mentioning the following in the subject line of the e- mail "COPYRIGHT”.
Protection of the WHOJAM Website: Apart from the "JAMS" which are under the Creative Commons license , all visual and audio components of the WHOJAM Website, including the underlying technology used are protected by copyright, trademark and/or patent rights. These components are the exclusive property of WHOJAM. Accordingly, they may not be reproduced without the prior written authorisation of WHOJAM.
Consequently, it is prohibited to use, change, publish on any medium whatsoever, create derivative works or exploit and use in any way whatsoever (particularly for commercial purposes) all or part of these components of the WHOJAM Website.
Any total or partial representation of the WHOJAM Website without WHOJAM’S prior express consent is prohibited and will be considered as an act of infringement punishable under the terms of the Intellectual Property Code.
The Services are accessible from the moment the WHOJAM Account is created. In the event of its termination for failure to comply with the present terms, access to the Services and the JAMMER’S profile will be deleted. The JAMS will however be retained, in accordance with the terms of the Creative Commons licence
Throughout the whole negotiation process and until its completion, the parties agree that they will not initiate any legal action against one another, for the conflict constituting the subject of the said negotiation. As an exception, the parties are authorised to use summary proceedings or request the issuing of an ex parte order. Any possible legal action before the summary jurisdiction or the launch of ex parte proceedings will not result in the renunciation by either party of the amicable settlement clause, unless they have expressly agreed otherwise.
Le présent site Internet wwww.whojam.com est édité et exploité par la société Société par actions simplifiée, au capital de 15 557 € dont le siège social est situé au 6 Rue Leonard de Vinci, 53000 Laval, immatriculé au Registre du commerce et des sociétés de Laval sous le numéro 790 258 974, numéro TVA FR 31 790258974.
Vous pouvez nous joindre par courrier électronique à l’adresse [email protected] ou par téléphone au +336 63 31 86 90.
Le directeur de la publication et de la rédaction est Monsieur Stanislas AMSELLEM, ayant les qualités de Président Directeur Général de la société WHOJAM.
Informations relatives à l’hébergeur : ONLINE SAS BP 438 75366 PARIS CEDEX 08 ; Joignable par téléphone du lundi au vendredi de 8h à 19h au 0 184 130 000 (Appel non surtaxé) ou par fax au 0899 173 788 (1,35€ par appel puis 0,34€/min) ou par adresse courriel : [email protected]Whojam SAS
This document was last updated on November 19, 2014