Welcome to Cashjams.com & Cashjams Radio, a service provided by Cashjams, Inc. (“Cashjams”, the "Company" “we” “our”, or “us”).
Cashjams reserves the right, in its sole discretion, to refuse to provide its services to you or any customer.
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:
A General User creating an Artist profile must be either:
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.
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
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:
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.
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.
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.
You may terminate your account at any time, and all of your content shall be removed from the platform in a reasonable time.
Cashjams does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
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.
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.
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.
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.
You hereby represent and warrant to Cashjams as follows:
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.
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.
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.
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.
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:
314 Old Newport Blvd.
Newport Beach, CA 92663
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:
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
Third Party Rights:
Except where otherwise required by the mandatory law of the United States
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.