CASHJAMS TERMS OF USE

Welcome to Cashjams.com & Cashjams Radio, a service provided by Cashjams, Inc. (“Cashjams”, the "Company" “we” “our”, or “us”).

These Terms of Use (“Terms of Use”, Terms of Service”) govern your use of Cashjams.com (the “Website”), and the Cashjams Radio app (the “App”), together called (the “Services”, the “Platform”).

These Terms of Use, together with our Privacy Policy, Licensing Agreement, and any other terms specifically referred to in any of these documents, constitute a legally binding agreement (the “Agreement”) between you and Cashjams in relation to your use of the Services.

YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY CASHJAMS, YOU AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF USE, PRIVACY POLICY, AND LICENSING AGREEMENT, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY CASHJAMS.

Cashjams reserves the right, in its sole discretion, to refuse to provide its services to you or any customer.

1. Acceptance of Terms of Use

Please read these Terms of Use, our Privacy Policy, and Licensing Agreement, very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Services. By accessing or using the Services, registering an account, or by viewing, accessing, streaming, uploading, downloading or purchasing any information or content from or to the Platform or participating in any activity the Platform offers, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, and Licensing Agreement, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.

This agreement is in effect as of Dec 01, 2013. The Terms of Use, Privacy Policy and Licensing Agreement shall apply at all times while you utilize the Platform.

We reserve the right to change this Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Use periodically to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

2. Description of the Platform

Cashjams is a company that facilitates the streaming, buying, selling, and promotion of Recordings (defined sec. 3) submitted by users of the Platform. Registered users of the Platform may submit, upload and post Recordings text, photos, pictures, graphics, comments, and other content, data or information (together “Content”) which will be stored by Cashjams at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, the App and elsewhere. Content you own shall be known as “Your Content” (defined sec. 9). There are three (3) types of user classifications on the platform all of which are chosen by you:

  1. (“General User”): A free account on the Platform that allows an individual (“User”) to browse, stream and purchase Recordings, post Content to external sites on behalf of the up-loader/owner, and for the monetary gain of the up-loader only. The General User account is the primary account, and every member of the Platform must maintain a General User account in compliance with the Terms of Use and Licensing Agreement. The General User will also manage their earned monies (if applicable), deposited money (if applicable), and can withdraw money from their account in compliance with the Agreement.
  2. (“Artist”): A General User can opt to create an Artist profile, a sub account to the General User account, which then enables the now Artist to upload Recordings that are subject to the Terms of Use, Licensing Agreement, Privacy Policy and all copyright law(s). The uploaded Recordings can be viewed, streamed, purchased, and posted to external sites by General Users and visitors to the site, and can be viewed, streamed, purchased, Promoted (see Licensing Agreement definition of “Promote”), and posted to external sites by “Promoter” users (defined below), of which all Users (defined below) are subject to the Terms of Use and Licensing Agreement.

    A General User creating an Artist profile must be either:

    • An unsigned Artist with no affiliation to any other third party, or royalty collecting agency of any kind, unless they have been granted permission by their label, management, or any other agency relationship that has ownership in the Artist's Content.
    • A Person or entity with the legal and fiduciary right to manage the Recordings or Content being uploaded to the Platform.

    All Artist users may only submit Recordings and/or Content that are their original work, and/or have complete ownership of the Recordings and/or Content including, but not limited to: music, composition, lyrics, and production, unless authorized to do so on behalf of the Artist, by the Artist, or owner of the Recordings and/or Content.

  3. (“Promoter”): A General User can opt to become a Promoter which enables them to Promote (see Licensing Agreement definition of “Promote” (henceforth “Promote”, “Promotion”) an Artist’s Recordings for monetary gain, subject to the Terms of Use, and Licensing Agreement.
  4. All three user classifications shall collectively be called (“User(s)”) (User name classifications are subject to change at the sole discretion of Cashjams).

The Platform is a music marketplace where Artist and Promoter users can enter into a non-exclusive Licensing Agreement with one another, henceforth (“Promotional Rights”), at their own discretion, to encourage and facilitate the buying, selling, streaming, and promotion of the Artist’s submitted Recordings to the Platform. These transactions are subject to the limitations spelled out in the Terms of Use, and Licensing Agreement and are between an Artist and Promoter ONLY. Cashjams does not represent any member of any Promotional Rights transaction. Consideration from Promoter to Artist, for Promotional Rights is set by the Artist and agreed to by the Promoter, within the limitations set by Cashjams on the Platform. Promotional Rights is to be strictly used with services provided on the Platform ONLY and shall apply to Content on the Platform only. Proceeds from Recording sales, Promotional Rights, Promotional Purchases (defined below) and Streaming Ad Revenue (defined below) will be dispersed accordingly to the General User account(s), in compliance with the Agreement. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Platform (who may or may not be registered users of the Platform) to buy, view, listen to and share Content uploaded and made available by registered Users.

We may, from time to time, release new tools and resources on the Platform, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms that we may release for those specific services or features.

3. Recordings

The term "Recordings" shall be defined as any sound recordings that you submit to the Platform. All Recordings submitted to the Platform are subject to the Terms of Use and Licensing Agreement. Cashjams, in its sole discretion, reserves the right to reject any materials (including, without limitation, Recordings, text, images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your sole expense, in the format(s) required by Cashjams. Technical descriptions of such format(s) will be provided to you upon request. In no circumstances shall Cashjams have any liability with respect to the quality, sufficiency or other aspect of the creation and delivery of your Recordings.

All Artist users may only submit Recordings that are their original work, and/or have complete ownership of the Recordings and/or Content including, but not limited to: music, composition, lyrics, and production, unless authorized to do so on behalf of the Artist, by the Artist, or owner of the Recordings and/or Content

4. GRANT OF RIGHTS.

  1. The rights granted hereunder shall include the sale of Recordings by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services, Promotional Rights, and Promotional Purchases.
  2. By clicking the "I Agree" button, you irrevocably grant to Cashjams, throughout the world, the non-exclusive right:
    1. to sell, copy, distribute, stream, display and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) on the Platform
    2. to collect all income deriving therefrom and disperse accordingly; and
    3. to use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and Cashjams’ general business.
  3. You agree that you will not use the Platform to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Cashjams may disable access to and/or terminate your account and/or remove or disable access to any Recordings, Content, or any associated materials you provide to Cashjams in the event that Cashjams receives any claim that, if true, would constitute a violation of your representations and warranties hereunder.
  4. 4. You agree that Cashjams may freeze any and all revenues in your account that are received in connection with Recordings, Content, or other materials submitted by you which Cashjams believes, in its good faith discretion, violate the Terms of Use and Licensing Agreement, and that such revenues will be forfeited by you if Cashjams determines, in its good faith discretion, they are the result of any type of fraudulent activity and/or copyright infringement. You agree that you will not be entitled to reimbursement for any fees paid by you to Cashjams in the event Cashjams disables access to your account, your Recordings and/or any other materials you provide to Cashjams or the Platform
  5. 5. You agree that Cashjams may terminate your account and withhold any earned revenue if you violate the Terms of Use, Licensing Agreement, or in Cashjams’ good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.

5. Payment

  1. Cashjams will pay your General User account one hundred percent (100.00%) of Net Income (as defined in Section 5.2 below) in the form of Credits (as defined in Section 6 below) which can be redeemed for USD (US dollars) via a check from the Company (see Section 6 below) that is mailed to a location of your choosing subject to our Terms of Use and Licensing Agreement. Net Income will be posted to your General User account on the Platform in a reasonable amount of time after Cashjams’ receives it. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion so long as you abide by the minimum withdrawal amount set by the Company (sec. 6). You will be responsible for any bank fees or other charges related to such withdrawals if applicable. All withdrawals are subject to a maximum of a sixty (60) day waiting period for the delivery of withdrawn funds to allow Cashjams enough time to ensure that the User accounts are in good standing, and compliant with the Terms of Use, Licensing Agreement, federal, state, and copyright laws.
  2. "Net Income" shall be defined as Cashjams’ actual receipts from transactions relevant to your Recordings on the Platform, less any tax, fee or other charge related to the sale(s) of your Recordings in accordance with the Terms of Use and Licensing Agreement. You hereby waive any right to digital artist royalties, performance royalties or any other fees or royalties, statutory or otherwise, other than Net Income earned by use of the Platform and it’s services. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.
  3. To the extent that you owe any amounts to Cashjams as a consequence of the Agreement or otherwise, Cashjams shall have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you.
  4. In the event that Cashjams has, in its good faith discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent or copyright infringing activities, Cashjams reserves the right to discontinue the posting of Net Income to your account and block your ability to otherwise withdraw funds until resolution of the suspected activities to the satisfaction of Cashjams is obtained. Furthermore, you agree that such revenues will be forfeited by you if Cashjams determines, in its good faith discretion, that they are the result of fraud and/or infringement. To the extent that any fraudulent and/or infringing activities are determined to be caused by you or your affiliates actions or omissions, any costs incurred by Cashjams (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be collected by Cashjams, or be deducted by Cashjams from any monies otherwise payable to you hereunder.
  5. 5. The Net Income posted to your General User account on the Platform will be pooled in an interest bearing bank account with the Net Income of other Users of the Platform until you withdraw such funds. You agree that you will not receive interest or other earnings on the Net Income that Cashjams handles as your agent and places in such pooled account. In consideration for your use of the Services, you irrevocably transfer and assign to Cashjams any ownership right that you may have in any interest that may accrue on Net Income held in such pooled account. In addition to or instead of earning interest on such pooled account, Cashjams may receive a reduction in fees or expenses charged for banking services by the banks that hold your Net Income.
  6. In connection with your decision to use the Platform for users to preview or stream your Recordings, you hereby waive any right to digital artist royalties, performance royalties or any other fees or royalties, statutory or otherwise, that Cashjams may be obligated to pay you or a third party in connection with the use of such streaming players other than monies owed to you in compliance with the Agreement. For the avoidance of doubt, to the extent that you utilize a streaming player on your own website or authorize its use on any other website on the Internet, you acknowledge and agree that Cashjams is not responsible to make any third party payments in connection with the Recordings and underlying musical compositions which you own and/or control, other than payments owed to you in compliance with the Agreement.
  7. To the extent that you elect to use certain Recordings from your catalog to distribute free to any parties (via a streaming player, directly through your own website or otherwise), you agree that you will be solely responsible for any of the above referenced third party payment obligations resulting from such deliveries. Without limiting any of the foregoing, you expressly agree to either waive music publishing royalties (if you own or control such rights) or pay any necessary royalties due to third party music publishers as a result of any such free distribution.
  8. In the event that Cashjams is presented with a claim of infringement of copyright, trademark, right of publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties or agreements hereunder or in the Licensing Agreement, you agree to indemnify and hold harmless Cashjams, Cashjams employees, and its affiliates and agree that Cashjams may freeze any and all revenues in your account that are received in connection with the disputed Recordings or other materials submitted by you, and that such revenues will be forfeited by you if Cashjams determines, in its good faith discretion, they are the result of fraud and/or copyright infringement. Furthermore, if in Cashjams’s reasonable business judgment it elects to engage an attorney to review and/or respond to such claims, Cashjams shall, in its sole discretion, have the right to deduct from your account or charge any alternate payment method you provide to Cashjams, such as but not limited to, a PayPal account, credit card or debit card (“Payment Method”) a minimum of Three Hundred Dollars ($300.00) to offset the costs of associated legal fees and expenses.
  9. There are several ways Users can generate revenue on the Platform and Cashjams is not a party to those transactions, but is merely a facilitator for those transactions. For more details of these transactions, please refer to these Terms of Use in its entirety as well as the Licensing Agreement.

    However, the following transactions or actions on the Platform generate revenue for Users of the Platform and are paid to the User deserving the revenue by Cashjams, from Cashjams, as follows:

    1. Cashjams will credit an Artist account 0.01 credits for every ninety (90.00) second stream of the Artist’s Recordings on the Cashjams Radio App subject to the Terms of Use and Licensing Agreement (Streaming Revenue). Artists shall not be paid for any streams or previews of their Recordings on the Website.
    2. Cashjams will credit a Promoter account 0.1 credits for every new User sign-up on the Website where the new User was brought to the Website via the Promoter’s personalized hyper-link during any active Promotion (“Promotion Perk”) subject to the Terms of use and Licensing Agreement. Promotion Perk payment amounts shall be capped at fifty percent (50.00%) of the price the Promoter paid an Artist for the right to Promote an Artist’s Recording, and obtain the Promoter Link that was used to bring new users to the Website to listen and/or purchase the Artist’s Recording. The Promotion Perk shall only be valid during the thirty (30) day Promotional Period, and only if the new User signs up for a User account on the Website, and becomes an active User of the Platform with a valid email address on file with Cashjams. For more information regarding “Promotion”, “Promotional Rights”, “Promotional/Personalized Hyper-Link,” please refer to the Licensing Agreement.

6. Credits

All transactions and/or payments on the Platform are paid with “Credits.” Credits are Cashjams’ form of currency on the Platform. When any user wants to execute a transaction on the Platform, the user must convert their currency into Credits. Credits reflect the USD (United States Dollar) with a 3 to 1 Ratio. Ex: 3 Credits to $1.00 USD (“Exchange Rate”). Should the Exchange Rate change at Cashjams sole discretion, all user accounts with outstanding credits will be credited or debited the appropriate amount of credits that accurately reflect the change, whilst still maintaining their cash value. Cashjams reserves the right to adjust the Exchange Rate from time to time. To convert Credits back into USD currency, Users may need to fill out a form similar to a United States IRS 1099 form to ensure proper delivery of funds, and if necessary, income reporting to the IRS. A check shall be mailed to users who withdrawal funds from the Platform, and it is the Users responsibility to ensure that the Platform has an accurate full name, and current address of the User on file, so their withdrawn funds can be mailed accurately.

Credits are to be used on the Platform exclusively, and cannot be bought, traded, sold or used in any other manner.

User deposits shall be held in an interest bearing Cashjams corporate checking account (as described in Sec.5.5), exclusively used for its user funds only. A minimum deposit amount, set by Cashjams on the Platform, is required to obtain credits, and a minimum withdrawal amount of $10.00 USD is required for all Users. Cashjams reserves the right to implement a processing fee to withdrawal transactions should Cashjams choose. Such fees will be clearly stated in the deposit and withdrawal process to the user(s) on the Platform. Should a user account remain inactive for a period of one (1) year or more, Cashjams reserves the right to absorb any unused credits, and remove the user account. An e-mail notification will be sent to the User’s e-mail address on file with the Platform four (4) weeks prior to account removal and credit absorption.

Credits can be converted to USD (US Dollars) and withdrawn from the platform from the General User account. Any credits earned by an Artist or Promoter will be collected and held in the General User account of the Artist or Promoter. A downloadable statement will be available to all Artist User accounts, and a statement can be viewed on all Promoter account dashboards on the Website.

Credits cannot be used in upgrading a User account to any of our premium subscription accounts.

7. Your Cashjams Account

Access to some the Services of the Platform is only available to registered users. Some Services of the Platform are available to unregistered users such as but not limited to audio streaming, and profile views.

When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Cashjams in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, Licensing Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time, and all of your content shall be removed from the platform in a reasonable time.

8. Use of the Platform

Subject to your strict compliance with these Terms of Use and Licensing Agreement, Cashjams grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Platform, to listen to Content streamed from the Platform, to purchase Recordings on the Platform, to Promote, and receive royalties from Recordings subject to the terms of the Licensing Agreement and Terms of Use and to share and download Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use, Cashjams grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

  1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use, Licensing Agreement, any other applicable laws or regulations, or terms posted on the Platform.
  2. participate in the community areas and communicate with other members of the Platform community strictly in accordance with these Terms of Use, and Licensing Agreement.
  3. use other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use, Licensing Agreement, and any other terms applicable to those Services.
  4. The above licenses are conditional upon your strict compliance with these Terms of Use and Licensing Agreement including, without limitation, the following:
    1. You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform or any part of the Platform, other than by means of download, Promote, Promotional Purchase or purchase in circumstances where the relevant Uploader has elected to permit downloads, purchases, Promotional Purchases or Promotion of the relevant item of Content.
    2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is your Content, or (ii) as permitted under these Terms of Use, Licensing Agreement, and within the parameters set by the Uploader (for example, under the terms of the License Agreement elected by the Uploader).
    3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
    4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
    5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, fraudulently generate Credits, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  5. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  6. You must not, and may not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content on the Platform
  7. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    1. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Cashjams’ reasonable discretion;
    2. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Cashjams’ reasonable opinion;
    4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    5. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  8. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  9. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  10. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or Cashjams, or sending messages or making comments using the name of another person
  11. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Cashjams employee.
  12. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  13. You must not sell or transfer, or offer to sell or transfer, any Cashjams account to any third party without the prior written approval of Cashjams.
  14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Cashjams or any User; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Cashjams’ servers, system or network or attempt to breach Cashjams’ data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Cashjams’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Cashjams under these Terms of Use, Cashjams reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Cashjams has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use and Licensing Agreement. This may include taking court action and/or reporting offending users to the relevant authorities.

9. Your Content

Any and all Recordings, audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Cashjams, or any other party, and is subject to the Terms of Use and Licensing Agreement.

Cashjams does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Terms of Use you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Terms of Use, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Cashjams shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

10. Non-Profit Donations

Cashjams donates five (5) percent of certain user transaction on the Platform to a non-profit organization (NPO) from a list of pre-selected NPOs by Cashjams. The transactions eligible for a donation, and the user who determines which NPO will receive the donation is as follows:

Promotional Rights purchases: When a Promoter user purchases Promotional Rights from an Artist user, five (5) percent of the transaction goes to a NPO of the Promoter’s choice.

Artist Recording Purchases generated by promotion from a Promoter: When a Recording of an Artist is sold by a Promoter to a General User, five (5) percent of the transaction will be donated to a NPO of the General User’s choice.

All donations shall be made on behalf of Cashjams. All donations shall be distributed to the appropriate NPOs every 30 days along with accounting documentation for the NPOs records.

All donations shall be made by Cashjams on behalf of the Users.

11. Advertisement Revenue Dispersement

The Platform shall run advertisements to generate revenue for Us, the Promoter Users, and Artist Users.

The App: On the App, Artists shall receive .01 Credits for every Play their Recording receives. A “Play” is defined as a stream of ninety (90.00) seconds or longer. Promoters shall not receive any credits from App Plays.

The Website: On cashjams.com, any Plays of an Artist’s Recording that are generated by a Promoter for a Recording they are actively Promoting will earn the Promoter 0.03 credits per Play, capping at fifty percent (50.00%) of their cost to promote the Recording.

The Company shall use revenue generated by posting advertisements throughout the Platform to pay for the Plays mentioned above. The company reserves the right to adjust the amount of money dispersed to Users per Play at it’s sole discretion.

12. Grant of License

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Cashjams to store Your Content, from where you authorize the use, reproduction, transmission, distribution, downloading, streaming, purchase, Promotion, public display, public performance, making available and other communication to the public and other users of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Cashjams to provide you with any of the aforementioned services, to undertake any of the tasks set forth in these Terms of Use and Licensing Agreement, and/or to enable your use of the Platform, you hereby grant such licenses to Cashjams on a limited, worldwide, non-exclusive, royalty-free, and fully paid basis.

By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other Users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters agreed by you using the Services based on the Terms of Use and Licensing Agreement. Nothing in these Terms of Use grants any rights to any other User of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content, other than the right to reproduce, Promote, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.

The licenses granted in this section as well as the Licensing Agreement are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account as long as all conditions in your Licensing Agreement(s) have been fulfilled. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Removal of Your Content from your account will automatically result in the removal of the relevant files from the Platform. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Cashjams is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.

Any Content other than Your Content is the property of the relevant Uploader/User, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

13. Representations and Warranties

You hereby represent and warrant to Cashjams as follows:

  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (if and where relevant) to authorize Cashjams, and Users of the Platform to use, Your Content pursuant to these Terms of Use and the Licensing Agreement, including, without limitation, the right to upload, reproduce, store, transmit, distribute, Promote, share, stream, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services.
  2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
  4. Your Content, including any comments that you may post on the Platform, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of Cashjams, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Cashjams reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

14. Liability for Content

You hereby acknowledge and agree that Cashjams (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive facilitator for the uploading, storage and distribution of such Content, (iii)is merely a platform bringing parties together for the buying and selling of Recordings with no representation of the material or parties whatsoever, and (iv) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, Promote, post or distribute to, on or through the Platform, and to the extent permissible by law, Cashjams excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Cashjams cannot and does not review the Content created or uploaded by its users, and neither Cashjams nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use and Licensing Agreement or applicable law.

Cashjams and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, disputes of ownership, past agreements between the uploader/user and any agency claiming rights to Content, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Cashjams or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

15. Reporting Infringements – DMCA Takedown Policy

Cashjams supports the protection of intellectual property and asks the users of the Platform to do the same. It is the policy of Cashjams to respond to all notices of alleged copyright infringement.

This notice describes the information that should be provided in notices alleging copyright infringement found specifically on the Platform, and this notice is designed to make alleged infringement notices to Cashjams as straightforward as possible and, at the same time, minimize the number of notices that Cashjams receives that are spurious or difficult to verify. The form of notice set forth below is consistent with the form suggested by the United States Digital Millennium Copyright Act ("DMCA") which may be found at the U.S. Copyright official website: http://www.copyright.gov.

It is the policy of Cashjams, in appropriate circumstances and in its sole discretion, to freeze, disable and/or terminate the accounts of users of the Platform who may infringe upon the copyrights or other intellectual property rights of Cashjams and/or others.

Our response to a notice of alleged copyright infringement may result in removing or disabling access to material claimed to be a copyright infringement and/or termination of the subscriber. If Cashjams removes or disables access in response to such a notice, Cashjams will make a reasonable effort to contact the responsible party of our decision so that they may make an appropriate response.

To file a notice of an alleged copyright infringement with Cashjams, you are required to provide a written communication by email or postal mail. Notice is also given that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that a product or activity is infringing upon your copyright.

16. Copyright Claims

If you discover any Content on the Platform that you believe infringes your copyright, or the copyright of another, please report this to us by email at: admin at cashjams.com

or by postal mail at:

Cashjams, Inc.
314 Old Newport Blvd.
Newport Beach, CA 92663

Please Include:
  1. a statement that you have identified content on the Platform that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  2. a description of the copyright work(s) that you claim have been infringed;
  3. a description of the Content that you claim is infringing and the Platform URL(s) where such Content can be located;
  4. your full name, address and telephone number, a valid email address on which you can be contacted, and your Platform User name if you have one;
  5. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  7. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
  8. your electronic or physical signature (which may be a scanned copy).

17. Counter-Notification Policy

To be effective, a Counter-Notification must be a written communication by the alleged infringer provided to Cashjams’ Designated Agent (as set forth below) that includes substantially the following:

  1. A physical or electronic signature of the User;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  4. The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district of California, or if the User's address is outside of the United States, for any judicial district in which Cashjams may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.

Please report this to us by email at: admin at cashjams.com

or by postal mail at:

Cashjams, Inc. 
314 Old Newport Blvd. 
Newport Beach, CA 92663

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

Cashjams shall promptly provide the Complaining Party with a copy of the Counter Notification;

Cashjams shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

Cashjams shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Cashjams Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Cashjams Platform.

Finally Notices and Counter-Notices with respect to this website must meet then current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

18. Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Cashjams does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Cashjams does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Cashjams with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

Cashjams disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Cashjams with respect to the content or operation of any External Services.

19. Blocking and Removal of Content

Notwithstanding the fact that Cashjams has no legal obligation to monitor the Content on the Platform, Cashjams reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Licensing Agreement or applicable law, or is otherwise unacceptable to Cashjams.

Please also note that individual Users have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content, unless: (i) you have purchased a copy, of which you are entitled to unlimited personal use, (ii) have entered into a Licensing Agreement with another User, which is subject to the Terms of Use and the Licensing Agreement. Cashjams shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Cashjams or the relevant User.

20. Repeat Infringers

Cashjams will suspend or terminate your access to the Platform, and reserves the right to seize any and all of your funds on the Platform, if Cashjams determines, in its reasonable discretion, that you have breached these Terms of Use or our Licensing Agreement.

21. Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APP AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE PLATFORM, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILST CASHJAMS USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS POSSIBLE ONCE THEY HAVE BEEN BROUGHT TO CASHJAMS’ ATTENTION, CASHJAMS MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE PLATFORM, THE WEBSITE, THE APP, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. CASHJAMS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASHJAMS DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

CASHJAMS AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

22. Limitation of Liability

In no event will Cashjams, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Platform, Cashjams products or any Cashjams content, no matter whether the damages are foreseeable and whether or not Cashjams has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Cashjams’ aggregate liability to you exceed One Hundred Dollars ($100.00).

CASHJAMS AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:
    1. YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
    2. ANY CHANGES THAT CASHJAMS MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
    3. ANY ACTION TAKEN AGAINST CASHJAMS OR YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY CASHJAMS OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
    4. ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
    5. YOUR FAILURE TO PROVIDE CASHJAMS WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD CONFIDENTIAL;
  2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF CASHJAMS BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND CASHJAMS AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO CASHJAMS AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CASHJAMS AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND CASHJAMS, AND THAT CASHJAMS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF CASHJAMS, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

23. Indemnification

You hereby agree to indemnify, defend and hold harmless Cashjams, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from, but not limited to:

  1. any violation by you of these Terms of Use or our Licensing Agreement;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use the Licensing Agreement
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

24. Data Protection, Privacy

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Cashjams in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. By accepting these Terms of Use, Licensing Agreement and using the Platform, you also accept the terms of the Privacy Policy.

25. The Promoter Link

The Platform includes access to individual customized promotion links to any Users who have agreed to the Terms of Use, and Licensing Agreement, and have fulfilled the requirements set forth, and in accordance to the Licensing Agreement and the Terms of Use. This functionality is provided to enable Artist Users to employ Promoter Users to Promote and display their Content on the Platform and External Services for the monetary gain of the Artist and Promoter, and to enable other Users of the Platform to share, stream, download and distribute Content within the parameters set by the Licensing Agreement and Terms of Use.

Cashjams does not represent any User in any transaction on the Platform, and all transactions are at the sole discretion of you and the Users.

Cashjams reserves the right to block your use of any of the Platforms features at any time and for any reason in its sole discretion.

For a more detailed description on Promotion, Promotional Rights, Promotional Rights Purchases, and the Promoter link, see the Licensing Agreement.

26. Subscription Accounts

Certain features of the Platform are only available to registered users who subscribe and pay for an upgraded account(s). (“Upgraded Accounts”)

The purchase of an Upgraded Account is non-refundable and automatically renews until cancelled by the User. It is the User’s responsibility to cancel their Upgraded Account prior to the subscription renewal. Any fees Cashjams incurs due to payment disputes will be the sole responsibility of the User. The terms in this section are solely for Users who sign up for any of the Upgraded Accounts.

27. Changes to the Platform, Accounts and Pricing

Cashjams reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Cashjams shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that Cashjams and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Platform that Cashjams may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform, or your possibility to use or access the same from or within any territory or territories.

Cashjams may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Upgraded Accounts from time to time. In the event of any increase in the price or material reduction in the features of any Upgraded Accounts to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Cashjams proposes to make changes to any type of account to which you subscribe (Upgraded Accounts or otherwise), and these changes are material and to your disadvantage, Cashjams will notify you of the proposed changes by sending a message to your account on the Platform and/or an email to the then current email address that we have for your account, at least six (6) days in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) day period, your continued use of your account after the end of that six (6) day period will constitute your acceptance of the changes to your account.

28. Termination

You may terminate this Agreement at any time by sending notice in writing to:

Admin [at] cashjams.com or

Cashjams 
314 Old Newport Blvd. 
Newport Beach, CA 92663

Please confirm such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have an Upgraded Account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any remaining period of your subscription.

Cashjams may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use or our Licensing Agreement, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence , and Your Representations and Warranties; (iii) Cashjams elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Cashjams at its discretion. If you have an Upgraded Account and your account is suspended or terminated by Cashjams pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of Cashjams.

Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your Content), will be irretrievably deleted by Cashjams, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Cashjams assumes no liability for any material that is irretrievably deleted following any termination of your account. Cashjams is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement.

29. Assignment to Third Parties

Cashjams may assign its rights and (where permissible by law) its obligations under this Terms of Use and the Licensing Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Cashjams. You may not assign this Terms of Use, Licensing Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Cashjams.

30. Severability

Should one or more provisions of these Terms of Use, or Licensing Agreement be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use or Licensing Agreement, which will remain in full force and effect.

31. Entire Agreement

These Terms of Use, together with the Licensing Agreement, and Privacy Policy, constitute the entire agreement between you and Cashjams with respect to your use of the Platform and supersede any prior agreement between you and Cashjams.

Third Party Rights:

These Terms of Use are not intended to give rights to anyone except you and Cashjams. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

32. Applicable Law and Jurisdiction

Except where otherwise required by the mandatory law of the United States

  1. this Agreement is subject to the laws of the United States of America
  2. you hereby agree, and Cashjams agrees, to submit to the exclusive jurisdiction of the courts in Orange County, California, for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Cashjams seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Cashjams or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Cashjams, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

33. Disclosures

The services hereunder are offered by Cashjams, Inc., a company incorporated under the laws of California, and with its main place of business at 314 Old Newport Blvd. Newport Beach, CA 92663. You may contact us by sending correspondence to the above address or by emailing us at: admin(at)cashjams.com.