GENERAL TERMS OF USE

The present general terms of use (hereafter referred to as the "General Terms of Use") apply to all use of WHOJAMS services by a web surfer (hereafter referred to as the "JAMMER") on the www.whojam.com website (hereafter referred to as the "WHOJAM Website").

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 Cc be1f4c2b2b6facf072f4f5643124b9265b7c5ce4e9a802a696d41f8c60362ad9

The JAMMER must carefully read the present terms and accept them before confirming registration with the WHOJAM Website. By clicking on the "I have read and accept the GTU" tick box, the JAMMER acknowledges that he has read, understood and unconditionally accepted the General Terms of Use without limitations.

Definitions

When used in the present General Terms of Use, the following terms will have the meanings attributed to them hereafter:

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.

JAM: musical and video content posted by a JAMMER in compliance with the present General Terms of Use. The JAMS are subject to the Creative Commons license.

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: Cc be1f4c2b2b6facf072f4f5643124b9265b7c5ce4e9a802a696d41f8c60362ad9 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:

  • Creating/Deleting a WHOJAM Account
  • Publishing, improving and sharing content by creating or participating in a JAM
  • Removing content
  • Accessing the content of the WHOJAM Website
  • Using the JAMROULETTE, a random means of finding JAMS from all around the world
  • Inviting friends to JAM on the WHOJAM Website

  • 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.

Purpose

The purpose of the present General Terms of Use is to establish the contractual requirements concerning the respective rights and obligations of WHOJAM and of the JAMMERS with regard to the performance and use of the Services. These General Terms of Use are dated and may be modified and updated at any time, with the JAMMERS being informed of this on the WHOJAM Website.

Free access to the Services

Free use: The use of the Services is free of charge.

Prior identification requirements: To make full use of the Services, you must register and create a WHOJAM Account by completing the registration form to identify the JAMMERS. By registering, the JAMMER must understand and accept the present General Terms of Use. Connection to the Services requires you to enter a username and password. This username and password are confidential and are under the responsibility of the JAMMERS.

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:

  • A satisfactory knowledge of the Internet, of networks and of the equipment he uses
  • A compatible terminal
  • Internet access
  • Google Chrome
  • A Facebook or e-mail account

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.

Rights and Obligations of the JAMMERS

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:

  • To comply with all applicable laws and regulations;
  • To use the Services for the purpose for which they are defined. Any misuse, particularly of a commercial nature, is strictly prohibited;
  • Not to post content which violates applicable laws and regulations (for example: the ban on broadcasting JAMS which are shocking, defamatory or which is prejudicial to persons or property; the ban on broadcasting a JAM which violates the intellectual property rights of a third party), etc.
  • Not to slow down or adversely affect the organisation of, or otherwise adversely affect the operation of the WHOJAM Website;
  • To inform WHOJAM if any JAM contravenes the applicable regulations and/or causes offence and/or is morally reprehensible.
  • To inform WHOJAM of any information in his possession which may have an impact on the application of the present terms and conditions;
  • To choose a screen name which does not infringe the rights of third parties. In particular,
  • the JAMMER agrees not to usurp the identity of any person or organisation;
  • To treat his login information as strictly confidential as the JAMMER is solely liable for any damages caused by the use of the Services.

Acceptance of the Creative Commons Licence:

The JAMS are subject to the Creative Commons license. Cc be1f4c2b2b6facf072f4f5643124b9265b7c5ce4e9a802a696d41f8c60362ad9 Consequently, the JAMMER is liable for his JAMS and must imperatively consult the terms of this license before posting his JAMS. In particular the JAMMER is informed that:
  • Once the JAM has been posted, works based on this may be produced: the other JAMMERS may add to it and make use of it.
  • The content may not be withdrawn if the terms of the license are being respected.
  • It is formally prohibited to make any commercial use of the JAMS.

Naturally, all rights concerning the works are subject to French law and as an example the JAMMERS must comply with the moral right of each author concerning his JAM.

Right of withdrawal

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.

The rights and obligations of WHOJAM

Service Continuity: WHOJAM agrees that within the framework defined by the present General Terms of Use, it will deploy all necessary resources to ensure the performance and continuity of the Services by the JAMMERS. However, the JAMMER accepts that maintenance may be carried out on the WHOJAM Website at any time.

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 notification date
  • If the notifying party is a natural person: his last name, first names, profession, address,nationality, date and place of birth; if the applicant is an artificial person (a company): its legal status, its name, its head office address and the body legally representing it.
  • The name and address of the recipient, or, in the case of an artificial person, its company name and head office address.
  • The description of the disputed facts and their precise location.
  • The grounds on which the content must be withdrawn, including a description of the legal information and proof of the facts.
  • A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the proof that it has not been possible to contact the author or publisher.

In this case, and in the case of any violation of the present terms, in addition to its entitlement to avail itself of its rights before the courts WHOJAM also reserves the right to:
  • Suspend the account of the JAMMER presumed to be blameworthy for the duration of the proceedings thus initiated.
  • Following these proceedings, delete the account of the JAMMER having posted the illegal content.

JAMMERS who have been the subject of sanctions and in particular whose accounts have been deleted agree that they will not open a new account on WHOJAM.

Liability

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.

The JAMMERS’ personal data

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).

Suspension and termination

WHOJAM may suspend or terminate the Services at any time with no compensation payable, by notifying the JAMMERS of this. This suspension/termination of Services may occur among other things in the event of violations of the present General Terms of Use or in the event that this becomes necessary for reasons related to security or the integrity of the Services.

Furthermore, the JAMMER may request the termination of the WHOJAM Account at any time.

Intellectual property right

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 Cc be1f4c2b2b6facf072f4f5643124b9265b7c5ce4e9a802a696d41f8c60362ad9 , 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.

Hypertext links:
Any person publishing a website and wishing to create a direct link to the WHOJAM Website must request WHOJAM's consent in writing. This authorisation may be revoked following a decision by WHOJAM Hypertext links to the WHOJAM Website using techniques such as framing or insertion via hypertext links are strictly prohibited.

Duration of the Services

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 Cc be1f4c2b2b6facf072f4f5643124b9265b7c5ce4e9a802a696d41f8c60362ad9

Jurisdiction and applicable law

THE PRESENT GENERAL TERMS OF USE IN ADDITION TO THE RELATIONSHIP BETWEEN WHOJAM AND THE JAMMER ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF ANY DISPUTE OR LITIGATION, ONLY THE APPEL COURT OF PARIS WILL BE CONSIDERED AS HAVING JURISDICTION.

However, prior to any referral to the state courts or arbitration councils the parties will seek to negotiate in a spirit of fairness and good faith with a view to reaching an amicable settlement should any conflict arise concerning the present General Terms of Use, including with regard to their validity.

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.

Mentions légales :

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
www.whojam.com
27 rue du chemin vert
75 011 Paris
+33 6 63 31 86 90
[email protected]

This document was last updated on November 19, 2014