Cashjams, Inc. (the "Company", “Us”, “We”, “Cashjams”) IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. USE OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. The Company PROVIDES THIS AGREEMENT (the "LICENSING AGREEMENT", “AGREEMENT”) ON AN "AS-IS" BASIS. The Company MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
- “Website”: www.cashjams.com
- “The App” The Cashjams Radio App
- "General User(s)": Any person who signs up for a cashjams.com or Cashjams Radio account and does not become a Promoter (see below) or an Artist (see below). The General User account is the main account for any Artist or Promoter user of the Platform, and receives all revenue generated by Artist or Promoter sub accounts.
- "Collection": The combined Works submitted to the Platform by an Artist
- "Users": General User, Artist, or Promoter collectively
- "Promote" or “Promotion”: A feature on the Platform when a Promoter purchases "Promotional Rights" from an Artist user. The Promoter is given a personalized hyperlink by the Platform to apply to social media sites to generate Artist Works streams and sales. Promoters will share in the proceeds with the Artist from sales of Artist’s Work only from sales generated from the Promoter’s personalized hyperlink (defined below as “Promotional Purchases”) using the P/A Split (as defined below) for the work the Promoter paid to Promote, within the 30 day timeframe The ability to Promote a song is only available if the Artist enables the song for Promotion, and the Promoter pays for the right to do so.
- “Promotional Purchase(s)”: Not to be confused with the PRP, The Promotional Purchase is when a User purchases an Artist’s Work where the lead was generated from a Promoter using their personalized hyperlink during the active 30 day promotional period. Revenue from a Promotional Purchase is distributed to the Promoter and artist using the P/A Split (defined below).
- "P/A Split": After a PRP between an Artist and Promoter has occurred, every Promotional purchase of Artist Work that is generated by the Promoter using their personalized hyperlink during their 30 day Promotional Rights period is subject to a P/A Split. From each transaction, Artists shall receive a percentage of the net sale proceeds, and the Promoter shall receive a percentage of the net sale proceeds both of which are set by the Artist prior to the PRP. The Platform shall always retain 5% of the gross sale proceeds as a CJ Transaction Fee (as defined below), and 5% of the gross sale proceeds shall go to the designated Charity (as defined below). P/A Split percentages are subject to change at the Artist's sole discretion provided they honor the P/A split agreed upon for any current or outstanding Promotional Rights a Promoter may have with the Artist.
- "Charity": For every transaction between General Users, Artist users and Promoter users, including Promotional Rights Purchases, or any purchase of an Artist Work from the Platform, five (5.00) percent of the sale proceeds shall be donated by the Company to a qualified non-profit organization of the purchaser’s choice for song purchases, and the Promoter’s choice for Promotional Rights purchases. A list of qualified non-profit organizations can be found on the Platform. All fees generated by, or paid to the Platform are exempt from the donation calculation.
- "Distribute": means to make available to the public the original Works as appropriate, through sale, streaming on the Platform, or through Promotional Rights
- "You": means an individual or entity exercising rights under this Licensing Agreement
- "Reproduce": means to make copies of the Work by any means, including without limitation, by sound or visual recordings and by fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
- "User Download": A User purchase of a downloadable copy of an Artist’s Work submitted to the Platform. All User Downloads are given an infinite, non-exclusive, world-wide, royalty free, fully paid, license of personal enjoyment of the User Download, from the Artist who submitted the Work, to the User who purchased the User Download.
General User Terms and Conditions
- Acknowledge this Licensing Agreement is terminated once your account on the Platform has been removed, cancelled or terminated by you.
- Acknowledge you are bound by this Licensing Agreement once you upgrade your account to an Artist or Promoter or use a feature or transaction on the Platform.
- Artist Work is presented "as-is." The quality of the Artist Work is at the sole discretion of you, and no refunds shall be given on any purchase on the Platform.
- Understand that the Artist determines the price at which Artist Works shall be sold as User Downloads, and the price of Artist Works is subject to change from time to time as the Artist deems necessary.
Artist User Terms and Conditions
By agreeing to the terms of this Licensing Agreement, you:
- Acknowledge this is a non-exclusive Licensing Agreement and is unenforceable once your account on the Platform has been removed, cancelled or terminated by you, and all Promotional Rights agreements have been fulfilled, and it is unavailable to Works that have been removed by you from the Platform.
- Agree to become a Licensor of all your Works submitted onto the Platform to any Promoter who executes a PRP to any of your Works, of which you become the Licensor and the Promoter the Licensee.
- Understand that should you decide not to allow your Work to be Licensed any longer, it must be removed from the Platform.
Understand that you, the Artist, determines the price at which your Works shall be sold on the Platform for:
- User Downloads for personal enjoyment and use, and that the price can be determined and adjusted by you within the limits set by the Platform
- Promotional Rights Purchases and that the price of PRPs can be determined and adjusted by you within the limits set by the Platform
- Allow any and all Promoter Users to pay you for Promotional Rights at any time, based on the parameters and pricing set forth by you on the Platform, for Works uploaded by you onto the Platform.
- Understand for each and every PRP from a Promoter, you the Artist become the Licensor, and the Promoter becomes the Licensee.
- Shall allow Promoter Users to Promote your Work for monetary gain via the Platform once they have executed a PRP for your Work. All Promotional Purchases of your work generated by Promoters will be subject to the P/A Split determined by you within the limits set by the Platform, and the CJ Transaction Fee & Charity donation set by the Platform.
- Understand that all PRPs, purchases, and Promotional Purchases are final and no refunds shall be granted.
- Agree to the CJ Transaction fee for all PRPs, Promotional Purchases and all Work sales from the Platform.
- Represent that you are the Original Author of all Work you submit onto the Platform, or have the legal authority to represent the Original Author of the Work.
- Understand that all Works are presented on the Platform "as-is," That the quality of any Works is at the sole discretion of you, and that no refunds shall be granted for any transaction on the Platform.
- Will honor any and all Promotional Rights for the duration of this Licensing Agreement.
- Will allow Promoters, General users and the Platform to Distribute all Work you submit onto the Platform.
- Will allow the Platform to Reproduce your Work for User Purchase downloads, audio streaming, and any other means the Platform deems necessary for both full versions and audio clips of your submitted Works.
- Acknowledge this Licensing Agreement is perpetual until terminated by one of the parties and that it becomes bilateral when a Promoter executes a PRP on any of your Works, making you the Licensor and them the Licensee for 30 days.
- Will allow any Users to purchase downloadable copies of your Work from the Platform, at a price set by you, the Artist, and grant these Users a limited, worldwide, non-exclusive, royalty-free, fully paid up, license for their personal enjoyment of the Work.
- Acknowledge that your Works shall remain active on the Platform with the ability to be sold, streamed, downloaded, and displayed until all Licensing Agreements and PRPs have been fulfilled in entirety, even if you delete your account, or any of your Works.
Promoter User Terms and Conditions
By exercising any PRP to an Artist’s Work on the Platform, you accept and agree to be bound by the terms of this Licensing Agreement. Upon a PRP with an Artist, the Artist becomes the Licensor, and you become the Licensee. To the extent this Licensing Agreement may be considered to be a contract, the Licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.
By agreeing to the terms of the Licensing Agreement, you:
- Acknowledge that this Licensing Agreement is not relevant to you once your account on The Platform has been removed, cancelled or terminated by you.
- Understand that the Artist determines the price at which their Works shall be sold for both User Downloads, Promotional Purchases and PRPs, which is subject to change from time to time as the Artist deems necessary.
- Agree to become a Promoter of all Artist Works you elect to buy Promotional Rights to using the Platform’s PRP function.
- Understand that all PRPs are final, and that no refunds will be granted.
- Understand that all Works on the Platform are presented "as-is," that the Quality of any Works is at the sole discretion of you, and that no refunds shall be granted for any transaction on the Platform.
- Agree for each and every PRP from you to an Artist, that You become the Licensee, and the Artist becomes the Licensor for the Work, not the Artist’s Collection, and this relationship ends thirty (30) days after the execution of a PRP.
- Agree all Promotional Purchases of Works you generate as an active Promoter will be subject to the P/A Split, which is set by the Artist, and the CJ Transaction Fee, and you shall have no claim to any sales of Works that are not from your personalized hyperlink, which is given to you by the Platform when you purchase Promotional Rights to an Artist’s Work.
- Agree to the CJ Transaction fee for all PRP, and for all Work sales from the Platform.
- Will honor any and all Promotional Rights entered into by you for the duration of the agreement.
- Will only Promote Artist Works that you have purchased using the PRP functions on the Platform and will only Promote Artist Works using the Promotion tools given to you by the Platform and you understand that all other means of distribution or solicitation is strictly prohibited.
- Acknowledge that this is an on-going, non-exclusive Licensing Agreement that can be entered into at any time and can be cancelled at any time by deleting your account, once you have honored all active Promotional Rights agreements.
Fair Dealing Rights
Nothing in this Licensing Agreement is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
Subject to the terms and conditions of this Licensing Agreement, Licensor hereby grants Licensee a non-exclusive, thirty (30) day license to exercise the rights in the Work as described above for every PRP from any Promoter/Licensor, commencing on the date of the PRP. Every PRP from a Promoter begins a new Promotional Rights Licensing Agreement, until the Artist removes the Work from the Platform, after which no additional PRP or Licensing Agreements can occur between Users for the Work.
For the avoidance of doubt: Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensee shall be solely responsible for legally, and financially settling these matters. The Licensor, the Company, and the Platform shall not be required to pay any fine, fee, or royalty to any other party other than the parties set forth in the P/A Split. The Licensor has agreed above that he or she and his or her Works are not represented by or contractually obligated to any other person, society, or any entity of which they are required to answer to in regards to Works submitted, streamed, purchased, distributed, displayed, or Promoted on the Platform.
Waivable Compulsory License Schemes: In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by you of the rights granted under this License.
Voluntary License Schemes: The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by you of the rights granted under this Licensing Agreement.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
The provisions of this Licensing Agreement that are intended by their nature to survive the termination or cancellation of this Licensing Agreement will survive the termination of this Licensing Agreement.
The license granted in this Licensing Agreement is expressly made subject to and limited by the following restrictions:
- Licensee may Promote the Licensor’s Work only under the terms of this Licensing Agreement.
- Licensee and Licensor agree to this Licensing Agreement for every PRP that occurs while their account and their Works are active on the Platform.
- Licensor may not offer or impose any terms on the Work that restrict the terms of this Licensing Agreement or the ability of the Licensee of the Work to exercise the rights granted to that Licensee under the terms of this Licensing Agreement.
- Licensee may not sublicense the Work.
- Licensee may not alter or modify the Licensor’s Work in any way.
- Licensee shall never claim any ownership to Licensor’s Work, other than Promotional Rights when applicable, and shall attribute all copyrighted ownership to the Licensor when applicable.
Representations, Warranties and Disclaimer
LICENSOR OFFERS THE WORK AS-IS AND REPRESENTS THAT THE WORK IS HIS OR HER PROPERTY TO DO AS THEY WISH. LICENSOR GUARANTEES HE OR SHE IS THE SOLE OWNER OR DESIGNATED REPRESENTITIVE OF ALL COPYRIGHTS TO THE WORK. ANY CLAIMS AGAINST THE LICENSEE OR THE COMPANY IN REGARDS TO LICENSOR’S WORK SHALL BE THE SOLE REPONSIBILITY LEGALLY AND FINANCIALLY OF THE LICENSOR.
All Users/Licensors/Licensees represent that they are at least 18 years of age, or 13 years of age under the direct supervision of a legal parent or guardian.
Users shall indemnify, defend and hold harmless the Company, and all persons and assets in relation to the Company, regardless of responsibility, from all Users, expenses, suits, liabilities, damages, attorney fees and claims of any type, including but not limited to those arising out of copyright infringement, royalty disputes, and third party claims. All legal and financial disputes shall be the sole responsibility of the User whose Work is in question. Users acknowledge that the Company and the Platform are merely facilitating an environment to conduct business for Users benefit, and the Company is not responsible for any transaction that occurs on the Platform
This Licensing Agreement and the rights granted hereunder will terminate automatically upon any breach by user, Licensee or Licensor, or after the Promotional Rights term of thirty (30) days has expired. Individuals who have purchased copies of Licensor’s Works through the Platform by means of Downloading, Purchases, or PRP are entitled to the personal use and enjoyment of the purchased work indefinitely.
Notwithstanding the above, Licensor reserves the right to release the Work under different license terms and means other than through the Platform, or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License or any other license that has been, or is required to be, granted under the terms of this Licensing Agreement, and this Licensing Agreement will continue in full force and effect unless terminated as stated above.
Artists acknowledge that this Licensing Agreement becomes a binding contract with any Promoter that executes a PRP on the Platform for any of Artists active submitted Works on the Platform, which commences immediately after the PRP has taken place and concludes 30 days later.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licensing Agreement, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
The Company is free to edit or amend any part of this Licensing Agreement from time to time in its sole discretion. It is the User’s responsibility to refer to this Licensing Agreement on a regular basis to learn of these changes. The Company, Licensor and Licensee must honor the version of the Licensing Agreement that was static on the Platform at the time of the PRP for each and every PRP, even if a new version of this Licensing Agreement exists on the Platform during a Promotional Rights licensing period.
No term or provision of this Licensing Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the Licensor and the Licensee to be charged with such waiver or consent.
These rights and subject matter take effect in the jurisdiction in which the Company conducts its primary business. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this Licensing Agreement, such additional rights are deemed to be included in the Licensing Agreement; this Licensing Agreement is not intended to restrict the license of any rights under applicable law
Cashjams, Inc. Notice
The Company is not a party to this License, and makes no warranty whatsoever in connection with the Work. The Company will not be liable to you or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this Licensing Agreement.