Jukedeck Terms & Conditions
Jukedeck Terms & Conditions
Welcome to Jukedeck! These terms and conditions (together with the other documents referred to in them) (Terms) tell you the terms on which you may make use of our website [and web application] JUKEDECK (www.jukedeck.com) (Jukedeck), whether as an unregistered guest user, or as a registered user in order to access and download music tracks generated by our platform (Music) from us.
Please read these Terms carefully before you start to use Jukedeck.
- Accessing Jukedeck
Jukedeck is intended for personal or business use. To the extent that you use Jukedeck in a business context on behalf of a company or other incorporated entity, you confirm that you are duly authorised by that business, company or other entity to do so.
If you are under the age of majority in the place from which you access Jukedeck, you must have permission from your parent or legal guardian in order to use or register on Jukedeck. In this case any contract formed with us is between us and your parent or legal guardian who is responsible to us for ensuring that you comply with these Terms.
Access to certain content on Jukedeck is made available free of charge to guests and registered users (the Guest Services). By using Jukedeck as a guest you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Jukedeck.
If you become a registered user of Jukedeck, in addition to the Guest Services, you will receive access to additional content and functionality (the Member Services) subject to these Terms.
The Terms applying to the Guest Services and the Member Services are set out below.
- Other Applicable Terms
These Terms refer to the following additional terms, which also apply to your use of Jukedeck:
Our Music Licencing Terms, which sets out the terms on which you can use the Music.
- Information About Us
www.jukedeck.com is a site operated by Jukedeck Ltd. We are a limited company registered in England and Wales under company number 07953149 whose registered office is c/o TechHub, 20 Ropemaker Street, London, EC2Y 9AR.
- Changes To These Terms
If you are using Jukedeck as a guest, we may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on Jukedeck where these specify that they override or supersede these terms.
If you are using Jukedeck as a registered user then you will be asked to read and accept these Terms at the time you register with us to become a registered user. We may revise these Terms at any time and in the event of such a revision, you may be asked to read and accept the revised Terms at the time you log in to Jukedeck as a registered user.
No variation to these Terms may be made save by a variation notified by us on Jukedeck as described above, or else in writing signed by you and us.
- Becoming a Registered User
You must become a registered user of Jukedeck if you wish to download Music. To register you must complete all of the required fields on the signup page.
Your registration with Jukedeck will be on-going unless terminated in accordance with these Terms.
We will confirm our acceptance of your registration by sending you an email to that effect. Your registration will only be completed when we send this confirmation to you.
Only one account per registered user is permitted at any one time. Fake profiles are not permitted. We reserve the right to deactivate any user registrations which (i) do not correspond to the holder of the bank account whose details you give us (if any); or (ii) have not been used for six months or more.
- Your Account And Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
Your account is for your own use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows or has obtained your user identification code or password and/or has accessed your account, you must immediately notify us at firstname.lastname@example.org or via our contact page and change your password.
You are responsible for the acts and omissions of any third parties who use your user identification code or password to access your account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
- The Guest Services And The Member Services
As part of the Guest Services you may access certain limited content and functionality on Jukedeck. The content available under the Guest Services will be determined by us from time to time.
The Member Services will be as made available to registered users on our site from time to time and will include (without limitation) the ability to access and download Music for use subject to these Terms.
We will update Jukedeck from time to time, and may change the content and/or services we provide on it at any time. However, please note that, although we make reasonable efforts to update the content we provide on Jukedeck, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date and we are under no obligation to update it.
We do not guarantee that Jukedeck, or any content on it (including Music), will always be available or be uninterrupted. Access to Jukedeck is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Jukedeck without notice. We will not be liable to you if, for any reason, Jukedeck is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Jukedeck. You are also responsible for ensuring that all persons who access Jukedeck through your internet connection are aware of these Terms and other applicable terms, and that they comply with them.
Jukedeck is intended for use worldwide. Wherever you access and use Jukedeck from, you agree that you will only use Jukedeck in a manner consistent with these Terms and any and all applicable local, national and international laws and regulations. To the extent that your use of Jukedeck is not legal in your jurisdiction, you may not use Jukedeck.
- Downloading and using music from Jukedeck
Jukedeck allows registered users to download Music generated by Jukedeck (Downloaded Music) for use in accordance with these Terms. Any downloading of Music from Jukedeck creates a contract between you as the licencee and us as the licensor of the Downloaded Music, subject to these Terms.
Our website will guide you through the steps you take to generate and download Music.
You must pay any applicable fee for downloading the Music in question before you are able to download the Music.
You agree that, by requesting the download of Music from Jukedeck, you thereby consent to immediate performance of the contract between us and acknowledge that you will lose any right of withdrawal from the contract once the download of the Music has begun.
The terms on which you can use Downloaded Music are set out on our Jukedeck Music Licencing Terms.
- Intellectual Property Rights
You acknowledge that any and all intellectual property rights (including without limitation copyright and related rights) of any kind existing anywhere in the world (Intellectual Property Rights) subsisting in, or in relation to, Downloaded Music, shall be owned by Jukedeck (or our licensors) unless you purchase the Copyright.
To the extent that any Intellectual Property Rights subsisting in or in relation to Downloaded Music vest in you, you hereby assign (and in the case of copyright, by way of a present assignment of future copyright) to us any such rights absolutely with full title guarantee and free from encumbrances and agree (at our request and cost) promptly to execute such further documents and to perform any further acts as are required to give full effect to clauses 10.1 and 10.2. In addition you hereby waive, in respect of any Downloaded Music, any and all moral rights to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
If any claim is made against you for copyright infringement of a third party musical composition, or in our reasonable opinion such claim is likely to be made against you, we reserve the right (without charge to you) to (a) procure the right for you to continue using the Downloaded Music in accordance with these Terms; (b) modify the Downloaded Music so that it ceases to be infringing; or (c) replace the Downloaded Music with non-infringing Music provided always that the Downloaded Music has not been materially edited. In the cases of (b) or (c) above, you agree either to replace the Downloaded Music with the modified or replacement version, or (if the modified or replacement version no longer suits your needs) to cease using the Downloaded Music, to use all efforts to remove it from circulation and to receive a refund of the fees paid for the Downloaded Music.
We are the owner or the licencee of all Intellectual Property Rights in relation to Jukedeck, the website, the platform generating the Music and in the content published on it. All such rights are reserved.
Except as expressly provided under the Jukedeck Music Licencing Terms, you must not modify the paper or digital copies of any materials you have printed off or downloaded from Jukedeck in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of the content provided by us on Jukedeck must always be acknowledged.
Save as expressly permitted under these Terms, you must not use any part of the content on Jukedeck for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Jukedeck in breach of these Terms, your right to use Jukedeck will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Jukedeck’s system uses machine learning to learn from existing musical works in order to create new music. You acknowledge and irrevocably agree that (regardless of whether you purchase the Copyright in the Downloaded Music) Jukedeck may use the Downloaded Music for the purposes of musical and/or technical analysis (including without limitation the right to store, transmit, adapt, transcribe, and process for purposes of training the Jukedeck systems).
- Limitation Of Our Liability - The User’s Attention Is Particularly Drawn To This Clause
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Subject to the provisions of clause 10.3, you acknowledge that:
Your choice and use of Downloaded Music is solely your responsibility. In particular you are responsible for ensuring (and we make no representation or guarantee) that the Downloaded Music in the electronic format downloaded from Jukedeck is compatible with other content in conjunction with which you use it or otherwise fit for the purposes for which it is intended to be used by you; and
we are not liable in any way for any loss or damage of any kind incurred as a result of your use of the Downloaded Music.
In relation to these Terms including the Guest Services and the Member Services:
to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Jukedeck or to any Music or other content on it, whether express or implied
save as expressly set out in these Terms (including clause 10.3), we will not be liable to any user for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, whether direct or indirect and even if foreseeable, arising out or in connection with use of, or inability to use, Jukedeck including your use of, or reliance on, any Downloaded Music or other content displayed on Jukedeck and any use of the Guest Services or the Member Services. In particular (but without limiting the previous exclusion), we will not be liable for the following:
loss of profits, sales, business or revenue;
loss of agreements or contracts;
loss of anticipated savings
loss of business opportunity, goodwill or reputation;
loss of use or corruption of software, data or information; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Jukedeck or your downloading of any Downloaded Music or other content on it, or on any website linked to it.
Subject to clauses 11.1 to 11.4, our total liability to any user (whether as a guest or a registered user), whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to the fee paid by you in respect of the Downloaded Music to which the liability relates.
- Scope Of Use Of Jukedeck
You may use Jukedeck only for lawful purposes. You may not use Jukedeck:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy, re-sell, decompile, reverse engineer or have reverse engineered any part of Jukedeck in contravention of these Terms (including via screen scraping or other automated means);
to ensure by appropriate and reasonable steps that third parties, including (if applicable) your own employees, cannot make unauthorized use of the Product. You shall be liable to Jukedeck for any loss or damage in this context.
not to impersonate any other registered users; and
not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other registered users; (ii) any part of Jukedeck, its platform or its security measures; (iii) any equipment or network on which Jukedeck is stored; (iv) any software used in the provision of Jukedeck; or (v) any equipment or network or software owned or used by any third party.
- Content Standards
These content standards apply to any content you submit (User Content), upload or link to Jukedeck from time to time, and to any Projects in which you incorporate Downloaded Music under the Jukedeck Licencing Terms.
You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any Materials and other content as well as to its whole.
User Content and Projects must not:
contain any material which is defamatory or inaccurate of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote indecent or sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
contain video, audio photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty (including your terms of enrolment with an educational establishment and its policies and procedures) or a duty of confidence;
advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of Jukedeck;
be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
disseminate or otherwise disclose another person's personal information without his or her prior permission, or collect or solicit another person's personal information for commercial or unlawful purposes; or
otherwise damage or be likely to cause damage to our business or our reputation (including by competing directly with our business).
- Ending Your Registration And Terminating Your Licence To Use Downloaded Music
You may at any time, and without the need to provide any reason, end your registration with us by sending us an email to email@example.com. Your registration will end on the first working day after receipt by us of your request for closure.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of Jukedeck (including your use of Downloaded Music) and/or receipt of the Guest Services or the Member Services. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use Jukedeck including the suspension or cancellation of your registration;
termination of your licence to use Downloaded Music;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and
disclosure of such information to your academic institution or law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any other action we reasonably deem appropriate.
In the event that we terminate any licence granted to you to use Downloaded Music, you must use all reasonable efforts to remove such Downloaded Music from circulation, including by removing all Projects incorporating such Downloaded Music from any websites on which they are published.
- Bugs And Viruses
We do our best, but we cannot guarantee that Jukedeck will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access Jukedeck. You should use your own virus protection software.
You must not misuse Jukedeck by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Jukedeck, the server on which Jukedeck is stored or any server, computer or database connected to Jukedeck. You must not attack Jukedeck via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Jukedeck will cease immediately.
- Linking To Jukedeck
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Jukedeck must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
- Third Party Links And Resources In Jukedeck
Where Jukedeck contains links to other sites and resources provided by third parties who are not under our control, including, without limitation, advertisers, these links are provided for your information only.
We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
- Applicable Law
These Terms, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales
- Trade Marks
“Jukedeck” is a trade mark of Jukedeck Ltd.
This agreement does not grant permission to use the trade names, trade marks, service marks, or product names of Jukedeck, except as required for reasonable and customary use in describing the origin of the Tracks.
- Contact Us And Dispute Resolution
To contact us, please email firstname.lastname@example.org or use our contact page. If you have any comments or complaints regarding our website or the services you have received from us, please email email@example.com or use our contact page.
If you are unhappy with any Music downloaded from Jukedeck or are concerned that any Music deriving from Jukedeck that you have come into contact with breaches these Terms, please email firstname.lastname@example.org.
Thank you for visiting Jukedeck.
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