Jameasy designs products and tools that help you achieve your musical play and practice goals and empower and inspire you to lead a music closer, more active life. These Terms of Service (“Terms”) apply to your access and use of the Jameasy Service, which is provided to you by Jameasy, Inc. (“Jameasy”). The “Jameasy Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services. Jameasy and its affiliates are referred to as “Jameasy,” “we,” “us,” or “our” in these Terms.
You must accept these Terms to create a Jameasy account and to access or use the Jameasy Service. If you do not have an account, you accept these Terms by using any part of the Jameasy Service. If you do not accept these terms, do not create an account or use the Jameasy Service. The Jameasy Play Terms of Service are set forth below and are incorporated into these Terms.
2. USE OF THE JAMEASY SERVICE
Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Jameasy Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Jameasy Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Jameasy Service.
You may only connect to the Jameasy Service using (i) a device that is manufactured, distributed, or sold by Jameasy itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Jameasy Service with any device that is not manufactured, distributed, or sold by Jameasy itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Jameasy device); otherwise intends to resemble or purports to be a Jameasy device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Jameasy Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
3. CREATING AN ACCOUNT
Full use of the Jameasy Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a h4 password. You are responsible for all activity that occurs in association with your account. Jameasy is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Jameasy Service or your account.
4. NECESSARY EQUIPMENT
Full use of the Jameasy Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Jameasy Service and it is your responsibility to ensure the equipment’s functionality.
5. POSTING YOUR CONTENT ON THE JAMEASY SERVICE
Jameasy may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the Jameasy Service. You retain all rights to Your Content that you post to the Jameasy Service. By making Your Content available on or through the Jameasy Service you hereby grant to Jameasy a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Jameasy Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Jameasy Service, and your use of the Jameasy Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Jameasy Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Jameasy Service, or which may expose us or our users to any harm or liability of any type.
Jameasy may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Jameasy Service.
6. JAMEASY’S RIGHTS
“Jameasy Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Jameasy Service. Jameasy Content, the Jameasy Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Jameasy Service. Our logos and any other Jameasy trademarks that may appear on the Jameasy Service, and the overall look and feel of the Jameasy Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Jameasy Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. WHAT YOU CAN DO ON THE JAMEASY SERVICE
The Jameasy Service is intended for your personal, non-commercial use.
Jameasy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Jameasy Service, (2) access and view the Jameasy Content, (3) access and use the software and mobile applications provided by the Jameasy Service, and (4) use the software that is embedded into Jameasy devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Jameasy Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Jameasy Content, Jameasy Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Jameasy or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Jameasy Service: (1) use, display, mirror, or frame the Jameasy Service or any individual element within the Jameasy Service, including the layout and design of any page, without Jameasy’s express written consent; (2) use Jameasy’s name, any Jameasy trademark or logo, or any Jameasy proprietary information without Jameasy’s express written consent; (3) access or tamper with non-public areas of the Jameasy Service, Jameasy’s computer systems, or the technical delivery systems of Jameasy’s providers; (4) test the vulnerability of any Jameasy system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Jameasy or any of Jameasy’s providers or any other third party (including another user) to protect the Jameasy Service; (6) access the Jameasy Service or Jameasy Content through the use of any mechanism other than through the use of an Authorized Connection, Jameasy Service, or Jameasy API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Jameasy provides to you or any other part of the Jameasy Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Jameasy Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Jameasy’s sole discretion.
9. OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Jameasy Service, Jameasy Content, or Your Content or to review or edit any Jameasy Content or Your Content, but we have the right to do so for the purpose of operating the Jameasy Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Jameasy Service, any Jameasy Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Jameasy Content, Your Content, or your use of the Jameasy Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Jameasy Service, and in response may take any action we may deem appropriate.
10. DMCA/COPYRIGHT POLICY
Jameasy respects the intellectual property of others and expects its users to do the same. It is Jameasy’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see Jameasy’s DMCA/Copyright Policy.
11. TERMS OF SALE AND RETURNS AND WARRANTY
Jameasy’s Terms of Sale and Returns and Warranty Policy apply to purchases made from Jameasy. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Jameasy’s acceptance. We may accept, decline, or place limits on your order for any reason.
12. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Jameasy, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
13. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Jameasy or its partners. It is your responsibility to carefully review those terms and conditions.
14. ALERTS AND NOTIFICATIONS
As part of your use of the Jameasy Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Jameasy Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
15. THIRD-PARTY SERVICES
16. CHANGES TO THE JAMEASY SERVICE
Jameasy may change or discontinue, temporarily or permanently, any feature or component of the Jameasy Service at any time without notice. Jameasy is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Jameasy Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Jameasy products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Jameasy Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Jameasy Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22.
THE JAMEASY SERVICE AND JAMEASY CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE JAMEASY SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Jameasy Service or Jameasy Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Jameasy Service or any Jameasy Content.
You will indemnify and hold harmless Jameasy or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Jameasy Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. LIMITATION OF LIABILITY
NEITHER JAMEASY, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE JAMEASY SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE JAMEASY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JAMEASY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL JAMEASY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE JAMEASY SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO JAMEASY FOR USE OF THE JAMEASY SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JAMEASY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JAMEASY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Jameasy and you regarding the Jameasy Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Jameasy and you regarding the Jameasy Service and Jameasy Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Jameasy Service. When you use the Jameasy Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Jameasy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jameasy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Jameasy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Jameasy Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Jameasy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jameasy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
Jameasy Inc, A-12F, Heungdeok IT valley, Giheung-gu, Yongin-si, Gyeonggi-do, Republic of Korea