- Welcome to our Website. Our Website is provided to you by Orphee Music SAS, a company registered in France with its registered office at 12 rue Anselme, 93400 Saint Ouen, France ("Jellynote", "us", "we" or "our"), a fully owned subsidiary of Urban Symphony Inc, a company registered in Delaware, United States. You can reach us at the above address or email@example.com.
- Please read these general terms and conditions (“General Terms”) carefully - they set out the basis on which you are allowed to use our Website. If you have any questions about them or don’t accept them, please contact our customer services department whose details appear at clause 18 of these General Terms.
- You should save and/or print out a copy of these General Terms for your future reference.
Using our Website
- You, as the user of our Website (“you” “your” and “yourself”), can use our Website for your own personal non-commercial use.
- Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these General Terms.
- You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website or to ‘scrape’, ‘crawl’ or ‘spider’, except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
You acknowledge that we cannot guarantee that our Website will:
- stay the same, as we might change or remove it or make access to it subject to registration or charges;
- be compatible with all or any hardware or software which you may use;
- be available all the time or at any specific time;
- be accurate and up to date; or
- be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
You also acknowledge that:
- Whilst we use all reasonable endeavours to ensure that this Website is free from harmful components, we cannot guarantee the speed or security of the Website; and
- we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
We may from time to time vary these General Terms and/or the terms and policies referred to in these General Terms. Please check our terms and policies regularly to ensure that you are aware of any variations that we may make. If you continue to use our Website, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
Purchasing digital content from our Website
- On purchasing digital content from our Website, you acknowledge that it is immediately available to you and therefore you lose the right to cancel the contract under regulation 29(1) of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- Digital content you have purchased is available for personal consumption only and may not be re-sold or used for commercial purposes. Please contact us if you require the right to use the digital content commercially.
- All orders by you are subject to our acceptance and completion of the order process does not necessarily count as our acceptance. Acceptance by us occurs when the ordered digital content is available for print or download.
- When you order digital content we use a third party card payment processor and we do not have access to your payment card details. All orders are subject to payment authorisation.
Uploading your content to our Website
On certain parts of our Website, you may be invited to submit materials for publication on our Website and/or use by us in accordance with these General Terms (“Your Content”). Your Content may be moderated by us before being uploaded to the Website. Jellynote may in its discretion determine whether Your Content is suitable for inclusion on the Website, and makes no guarantee that Your Content will be uploaded to the Website, or used by us. If you choose to upload materials, you must ensure that Your Content complies with our Acceptable Content Guidelines below.
Acceptable Content Guidelines
Your Content must not breach any third party Rights anywhere in the world. We appreciate that you may not be an expert in Rights, but by way of example:
- Your Content must not include music, unless you have written the music yourself or have a licence from the person who wrote and recorded the music; and
- Your Content must not contain any other identifiable brands or logos other than Jellynote brands or logos.
- You must have the express consent of any individual featured in Your Content to use their image and/or voice in accordance with the permission you grant to us below. If you do not have their consent, you must not submit any content featuring that individual to the Website;
Your Content must not:
- contain any material which is, or may reasonably be considered to be, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
- be illegal or infringe the Rights of any third party, in any country in the world; and
- be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- By uploading Your Content to the Website, you hereby grant Jellynote and its designees, together with users of the website, an irrevocable non-exclusive licence (which is unlimited in time) to view, amend and use Your Content without restriction, including by way of example for commercial purposes.
- We make no guarantee that Your Content will be kept on the Website for any length of time, and we reserve the right to remove Your Content as we see fit. You are urged to keep back up copies of any of Your Content submitted to us. The Website should not be used as your primary method to store or curate copies of your images, videos or text, as Your Content may be removed permanently from the Website at any time, and Jellynote may not keep copies of Your Content.
- If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing firstname.lastname@example.org setting out details of Your Content (the “Notified Content”) and, for Notified Content published on our Website, where it can be found on the Website. We will endeavour to respond promptly and to cease using the Notified Content. However, please note that once you have posted Your Content, it may be shared and reposted by Jellynote on other websites and used in other media and publications. Whilst we will endeavour to cease using any Notified Content within a reasonable time of the date you notify us of your request to do so, we cannot give any guarantee that we will be able to do so where the Notified Content has been published on the Website or in other media.
- Our right to terminate users. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Website to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these terms of service, or of any applicable law or regulation.
- Your Content must not breach any third party Rights anywhere in the world. We appreciate that you may not be an expert in Rights, but by way of example:
Take down procedure for materials
- If you have good reason to believe that any Materials posted by other users do not comply with the Acceptable Content Guidelines, then you should notify us by emailing us at email@example.com or clicking on the Flag as Inappropriate / Report Content button.
- Where we receive notification that Materials posted by other users do not comply with the Acceptable Content Guidelines, we will endeavour to investigate promptly. Whilst we are investigating, we reserve the right to remove the affected Materials immediately from our Website.
You may need to register with our Website in order to use certain parts or functions of our Website. Your access to such parts of our website is permitted on the basis that:
- Only you use your username and password; and
- You provide correct, current and complete information about yourself when registering;
- If you breach any of these General Terms, or any of the other terms and policies referred to in these General Terms, your account and ability to access and use your account may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
- You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens. If you terminate your account, please note that Your Content published on our Website will still be visible to others on the Website, and we may continue to display Your Content on the Website unless you request that we remove it in writing, in which case clause 8.6 will apply.
- We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible in law.
- You may need to register with our Website in order to use certain parts or functions of our Website. Your access to such parts of our website is permitted on the basis that:
Intellectual property rights
- Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered, whether or not reduced to writing and whether or not capable of registration (“Rights”). These Rights either belong directly to Jellynote or are licensed to us from their respective owners or licensors.
You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all Rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials;
- use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or
- reproduce, modify, display, publish, distribute, disseminate, broadcast, screen scrape, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
- Any use of the Website or the Materials in a manner not expressly permitted by these General Terms may constitute an infringement of our Rights or the Rights of our Licensors. We and our Licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.
- We reserve all Rights in and to the www.jellynote.com domain name and all related domains and sub-domains, the name “Jellynote”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
- Nothing in these General Terms should be construed as granting any licence or right to use any such trademark or domain name.
Reliance on the information on our Website
- The information published on our Website is for general information purposes only and therefore you should not rely on it and we expressly exclude any liability for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.
- We recommend that you take further advice or guidance before taking any action based on the information contained on or generated by our Website. Our customer services department can be contacted using the details that appear at clause 18 of these General Terms should you require any further assistance in this respect.
Our liability to you
- We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these General Terms and Conditions.
- In relation to your use of this Website we shall not be liable under contract, tort (including negligence) or any statutory provision for (i) any economic losses that you may incur, including but not limited to, lost data, lost profits or business interruption or (ii) any indirect, special, incidental or consequential losses.
- In relation to any digital content purchased on this Website we use all reasonable endeavours to ensure its quality. However we will not be liable under contract, tort (including negligence) or any statutory provision for (i) any economic losses that you may incur, including but not limited to, lost data, lost profits or business interruption or (ii) any indirect, special, incidental or consequential losses. However, nothing in this sub-clause is intended to deprive you of any of your statutory protection for the consumer purchase of digital content.
- Jellynote is not liable for any Materials posted by other users and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should use the functionality on the Website to flag such Materials so that we may investigate.
We do not exclude or limit our liability (if any) to you for:
- Personal injury or death resulting from our negligence;
- Fraud or fraudulent misrepresentation; or
- Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
Your liability to us
- You acknowledge that any use by you of the Materials in a manner not expressly permitted by these General Terms may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
You hereby agree to compensate Jellynote, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
- your breach of these General Terms; and/or
- your use of the Materials; and/or
- any of Your Content
Linking to our Website
- You may link to any page of our Website for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.
- You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.
- If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details in clause 18.
- We reserve the right to withdraw linking permission at any time and without notice.
Third party websites
- Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
- Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.
Enquiries and complaints
If you have an enquiry or complaint about this Website, you should contact our customer services department at Customer Services, firstname.lastname@example.org, and we will try to answer your enquiry or resolve any complaint as soon as possible.
General provisions & applicable law
- You may not assign, sub-license or otherwise transfer any of your rights under these General Terms, but we may assign our rights to any third party on notice to you.
- If any provision of these General Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these General Terms, which shall remain in full force and effect.
- Failure by either of us to exercise any right or remedy under these General Terms does not constitute a waiver of that right or remedy.
- The English Courts will have exclusive jurisdiction over any claim arising from or related to this Website. English Law will apply to these General Terms.
Last updated: August 19, 2016