1. Welcome to Boomjam!
Boomjam allows you to unleash your creativity, by making it super easy to collaborate on music and manage splits.
These Terms of Service (the “Terms”) apply to your use of Boomjam’s tools, services, and platform, including any associated Boomjam mobile or desktop applications, Boomjam.com and other Boomjam websites (collectively, the “Services”), as well as your relationship with Boomjam, Inc. (“Boomjam”, “we”, or “us”). “You” refers to each individual, including you, who uses the Services.
These Terms may change over time. If we make changes to it, we will post the modified Terms on our website at www.boomjam.com. We encourage you to visit this page periodically to learn of any updates.
2. Account Creation
Your account on Boomjam gives you access to the services and functionality that we may establish and make available from time to time. We may maintain different types of Boomjam accounts for different types of users. You may control certain aspects of your Boomjam account profile and how you interact with the Services by changing the settings in your settings page. You acknowledge that you do not own your Boomjam account.
You agree that any information you provide through account registration or in creating your profile is accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. You agree not to misrepresent any information about yourself in creating or using your account or profile. You also agree only to provide information that you have the right to provide.
You are solely responsible for the activity that occurs on your Boomjam account, and you must keep your Boomjam account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Boomjam account. We will not be liable for any losses caused by any unauthorized use of your Boomjam account.
Also, please note you are prohibited from creating an account for anyone other than yourself; and you may not use another user’s Boomjam account without such user’s permission.
While we take steps to protect your data from unauthorized access, security is a team effort. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.
By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other marketing or advertising messages, such as changes to features of Boomjam and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Boomjam Support at email@example.com or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices.
You must be at least 16 years old to use the Services. If you are not 16 years of age, you may not access or use the Services. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
3. Content and General Guidelines
The Content You Submit
The materials displayed, performed or available on or through the Services, including, but not limited to, music compositions (“Compositions”), sound recordings (“Masters”), text, graphics, data, articles, photos, images, illustrations, and so forth are referred to in these Terms as “Content”.
You also grant to Boomjam a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of Boomjam’s services.
We may use artificial intelligence or machine learning algorithms to analyze you or your personal information (including the Content you submit to the Services). This may allow us to improve the Services for our users. By agreeing to these Terms, you consent to Boomjam’s use of artificial intelligence analysis and machine learning algorithms on you and your personal information (including the Content you submit to the Services).
You agree that Boomjam may collect aggregated or other deidentified data related to or as a result of use of the Services. Boomjam retains all right, title and interest in and to such data and any and all system performance data and machine learning (including machine learning algorithms and the results and output of such machine learning).
You are responsible for Your Content. In connection with Your Content, you represent and warrant that: (i) you have all necessary rights, licenses and consents to provide, receive, access and/or use Your Content and any other content you provide, receive, access and/or use through or in connection with the Services; and (ii) Your Content and our use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
We take no responsibility and assume no liability for Your Content. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on the Services. You shall be solely responsible and indemnify us for Your Content.
Our Intellectual Property Belongs to Us
Boomjam’s Content is protected by copyright, trademark, patent, trade secret and other laws. As between you and Boomjam, we own and retain all rights to the Boomjam Content and the Services (and all intellectual property rights therein), including without limitation all software, algorithms, code and technology underlying and/or included in or with the Services, and any future developments, derivatives and enhancements of our Content and Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Boomjam’s Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Content.
The Boomjam name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Boomjam, and may not be copied, imitated or used, in whole or in part, without prior written permission.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Conduct on the Services
Except as we otherwise agree in writing or to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party or Application (defined below) to do, any of the following:
You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms or any other Boomjam terms.
We have implemented commercially reasonable technical and organizational measures designed to secure Your Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your Content for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide Your Content at your own risk.
You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
Third Party Links
Our Services may contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Boomjam’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Violation and Enforcement of These Terms
We reserve the right to refuse access to the Services to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
Service Changes, Suspension, and Termination
You may cancel your Boomjam account at any time (by emailing us at firstname.lastname@example.org or, if available, through the Services), though we will be sorry to see you go. We may change the Services, stop providing the Services or features of the Services to you or to our users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability, without cause or for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.
The Services may allow the assignment or license of rights to Compositions, Masters, or other Content, where you might be the assignor, assignee, licensor, or licensee. Any such assignment or license requires, and is only binding upon, receipt of E-Signatures from, as the case may be, the assignor and assignee or the licensor or licensee. For clarity, even if features of the Services enable you or others to show an allocation of interests in Compositions, Masters, or other Content, such as through a pie chart, no legal rights are affected unless and until the applicable parties agree via E-Signatures.
We rely on instructions from the project owner or project administrator and the information provided to Boomjam; we do not make any independent determination of legal rights to any Content.
You agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Boomjam, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. E-Signature includes any other form of digital signature, including through third party platforms like DocuSign. You agree that your E-Signature is the legal equivalent of your manual signature. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Boomjam or any third party.
These Terms apply to your use of the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
We respect artist and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:
The above information must be submitted to our DMCA Agent using the following contact information:
Boomjam, Inc. (Attn: DMCA Agent)
Address: 23 Geary Street, Suite 600, San Francisco, CA 94108
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to Boomjam and/or terminate the Boomjam accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We respect other people’s rights and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, BOOMJAM CONTENT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BOOMJAM NOR ANY OF ITS EMPLOYEES, DIRECTORS, STOCKHOLDERS, CUSTOMERS, PARTNERS, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “BOOMJAM PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE BOOMJAM CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BOOMJAM OR VIA THE SERVICE. IN ADDITION, THE BOOMJAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
The Boomjam Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. The Boomjam Parties do not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk. The Boomjam Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Boomjam Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms.
By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
The Boomjam Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Users hereby give any consents required by law for the services to operate as set forth in these Terms.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE BOOMJAM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE BOOMJAM CONTENT; (C) OTHER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BOOMJAM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BOOMJAM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE BOOMJAM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BOOMJAM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Boomjam’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Boomjam Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Boomjam Parties.
By accessing or using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Boomjam is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Unless prohibited by law, you agree to defend (at Boomjam’s request), indemnify and hold the Boomjam Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) Your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Boomjam in the defense of any claim. Boomjam reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Boomjam.
You agree that any dispute between you and Boomjam arising out of or relating to these Terms, the Services, or any other Boomjam products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: These Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Boomjam, you agree to try to resolve the Dispute informally by contacting us at email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Boomjam may bring a formal proceeding.
We Both Agree To Arbitrate: You and Boomjam agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You may decline this agreement to arbitrate by contacting us at firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable.
Exceptions to Agreement to Arbitrate: Either you or Boomjam may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Boomjam on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Boomjam agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Boomjam consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Boomjam’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms constitute the entire agreement between you and Boomjam and governs your use of the Service, unless you have a separate signed agreement with Boomjam that states it supersedes these Terms. These Terms, including, without limitation, any limitations on liability set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Boomjam. Any purported assignment or delegation by you without the appropriate prior written consent of Boomjam will be null and void. Boomjam may assign these Terms or any rights hereunder without your consent.
If you have any questions about these Terms, please contact us at email@example.com.