Terms of Use

Terms of Use

The seller and owner of the Online Store is Aleh Ivanovich, who conducts unregistered activities in accordance with the Law of March 6, 2018 – Law on Entrepreneurs, Republic of Poland.
Communication with the Seller and method of communication:

•   By e-mail: e-mail address: [email protected]
•   By post: Przemyska 24C/16, 80-801 Gdansk, Poland

 

1. Terms of Use Online Store

1.   These Regulations define the rules for using the Online Store, in particular the conditions for placing an Order and modifying it, making payments and other rights and obligations of the Customer and the Seller.

2.   The sale of Products via the Internet is carried out on the territory of the Republic of Poland, the European Union and beyond, through the Online Store.

3.   The condition for using the Online Store is familiarization and agreed with the Terms of use.

4.   To use the Online Store and fulfill the Order, the following minimum technical requirements must be met: a device with Internet access, an installed and updated version of Internet Explorer, Chrome, Firefox, Opera, Safari web browser with JavaScript enabled. , active email account (e-mail). Recommended minimum screen resolution: 1024 × 768 pixels.

5.   The Customer is prohibited from: providing and transmitting content prohibited by law, including content that violates personal rights and other rights of third parties; actions that violate the law or circumvent the law, as well as contrary to the principles of social coexistence or morality; sending or posting unsolicited commercial information (spam) within the online store; use the Online Store in a way that disrupts its operation or is burdensome for the Seller and other Customers.

6.   The User and the Buyer are obliged to use the Online Store in accordance with the provisions of the current legislation on the territory of the Republic of Poland, the provisions of the Rules, as well as the general principles of using the Internet.

2. General terms and conditions – Jammaudio.com

1.   The website jammaudio.com is a catalog of music files that the Buyer can download for further use under the terms of a specific license agreement. The download of the selected files is possible only after purchasing the corresponding license. The downloads are not sold and are considered an addition to the license.

2.   The author of all Musical Works and Audio fragments is the owner of the website jammaudio.com, aka Seller, represented by Aleh Ivanovich, address: ul.Przemyska 24c-16, Gdansk, 80-801 Poland.

3.   All offered Works of music are free from claims or rights of domestic or foreign performing rights organizations (for example, GEMA, ASCAP, PRS, SECAM, SUISA).

4.   In the public domain (without making a purchase) Clients have access to Musical Works by watermarks. These audio files are demo versions and can only be used for preview listening and verification of compliance with the proposed customer’s project.

3. Definitions

License – a License Agreement that grants the right to use the Work (Musical Work, Audio Fragment) under the purchased license. The terms of the license agreement are described in paragraphs 6 and 7 of these rules.
Licensee – a natural or legal person who, for a fee, received from the Author the right to use the downloadable product posted on the site. The licensee is the person indicated in the “Licensee” column when placing the order.
Registration – a procedure performed by the Customer in the manner specified in the Regulations in order to fulfill the Order and use certain functions of the Internet store.
Rules – These Rules of the online store jammaudio.com.
Order – the will of the client, directed directly to the conclusion of the contract of sale, indicating, in particular, the type and number of goods.
Customer / User – each person who visits or browsing the Website jammaudio.com, as well as who uses the services of the site through the Internet.
Work /Musical Work / Audio Fragment / Composition / Item / Produkt – Digital product in WAV format, 44.1 kHz, 16 bits, stereo, which is protected by copyright and is available for download after payment on the Site jammaudio.com. Each digital product can only be used on the terms of the purchased license.
Seller / Service provider / Administrator – Aleh Ivanovich, which conducts unregistered activities in accordance with the Law of March 6, 2018 – the Law on Entrepreneurs.
Client – A capable person, which, in accordance with the conditions specified in the Rules placing an order in the Online Store or uses other services available in the Online Store.
Contract – The contract for the sale of goods in the understanding of the Civil Code, concluded between the seller and the buyer.
Author – Aleh Ivanovich, which owns copyrights to all works posted on the site jammaudio.com
Website / Site / Online Store / Electronic Services – Website where buyer can, in particular, place an order for affordable goods. The site is available on the Internet at: www.jammaudio.com
Consumer / Buyer / Purchaser – The user who is a physical or legal person who exercises a legal transaction with an entrepreneur as part of the jammaudio.com store that has no direct attitude towards his business or professional activity. The User who is a Consumer who buys or has already bought Item on the Website jammaudio.com.

4. Contractual object & conclusion of contract

1.   To purchase a License, the Customer must place an Order through the jammaudio.com store system. The Order represent a contractual offer to the purchaser to License the Works (Musical works, Audio fragments).

2.   After completing the Order process and clicking the “Pay now” button in the payment system window, a mandatory license agreement will be concluded between the Buyer and the Seller. After sending and paying for the Order, the Buyer receives an automatic email confirming that the Contract has been concluded.

3.   The email will contain a unique contract code and the purchased type of license. Also in the email, the buyer receives a download link from which he can download the licensed Work. The download process can be completed a total of 5 times before the download link becomes invalid. (We highly recommend downloading the files immediately after purchase!). The ordered files will be zipped in Zip format. Inside the Zip file there will be audio files in WAV format, 44.1 kHz, 16 bit, stereo.

4.   The contractually guaranteed use rights are transferred to the customer only after full payment of the license fee.

5. Registration and Rules of ordering.

1.   To place an Order, the Customer is required to register on the website jammaudio.com. Customer Registration is free. After successful Registration, the Customer will be given an account for an unlimited period. In the user’s account, it will become possible to view completed purchases and invoices, as well as change personal data.

2.   The Client undertakes to provide all personal data truthfully and completely at the time of Registration and immediately make appropriate changes to his account if these data are changed.

3.   The Client must ensure that his password will not be available to third parties. The Client is fully responsible for all actions taken in connection with the use of the client’s password. The Seller and Administrator of the website jammaudio.com is not expressly responsible for the misuse of passwords.

4.   The Customer undertakes to pay for all Licenses ordered using his account. This also applies if the orders in the Customer’s account were made by third parties.

5.   The Customer’s account can be terminated at any time with immediate effect. Termination does not affect the existing licensing.

6. License Terms and Rights to Use Musical Works

1.   Musical Works, Audio Fragments and other sounds offered by Seller on the Website jammaudio.com are protected by copyright. By purchasing a License, you only get the rights to use them.

2.   The Seller ( Author ) grants the purchaser a simple, limited in time, space, non-exclusive and objective right to use the corresponding Work (piece of music) to the extent necessary for the agreed use within the framework of the planned project ( hereinafter “project” ).

3.   The right to use Work (piece of music) is exclusively granted to the person who was identified as the “Licensee” during the ordering process and cannot be transferred to a third party.

4.   The Purchaser using the purchased piece of music becomes the licensee.

5.   Also, Purchaser can purchase a License for further use in the final project of his client. If the work is used in production for a client, then the client must be informed that he / she is allowed to use sound exclusively in the final product and under the terms of the purchased License.

6.   The Purchaser is allowed to designate a Licensee other than himself during the ordering process. In this case, the Purchaser’s own use is included in the scope of the license only to the extent that it is necessary to integrate the work into the project or as a message during the checkout process.

7.   The right to use is limited in time and ends after the completion of the project for which the Work was used, as well as after the expiration of the time and quantitative restrictions specified in the terms of the purchased License.

8.   Granted use rights are limited and based on the types of Licenses and types of use regulated in Section 7.

9.   The right to use resulting from the purchase of a License is granted only for the type of use that corresponds to the selected type of License and is always associated with the project described in the ordering process.

7. Types of use licenses

For each piece of music, you can purchase one of the following types of licenses:

Please note !!!   If the type of use you need is missing or you are in doubt about the choice of a License, please let us know about your project so that we can choose the appropriate License for you. Send us e-mail: [email protected]

These types of licenses apply only to Music items. Our entire SFX library is covered by our SFX Licenses.

8. Terms of use and editing

1.   The Seller, who is also the Author, reserves the right to use, distribute, sell audio material published on the website jammaudio.com, by any means and under any conditions, an unlimited number of times.

2.   The Purchaser is granted the right to simple editing. These rights include, in particular, shortening a Work (Audio Fragment), looping a Composition, applying the necessary effects. The Purchaser has the right to combine the work with the Work of third parties, such as text, images or video material, sound effects, commentator’s voice only for use within the project.

3.   Any other modification, editing, processing of a Musical Works, Audio Fragments or sound, independently or through third parties, is prohibited. This applies in particular to remixes, samples or sound changes that affect the moral rights of the composer.

4.   The Purchaser has the right to convert the purchased files to any format, if necessary.

5.   The copyright for the Work and the title of the Work remain with the copyright holder even after editing.

6.   In projects with extended types of License, such as: Film, Short Film, the “Licensee” is obliged to indicate the Author.

7.   The Purchaser is strictly prohibited from providing sub-Licenses to third parties. In particular, it is prohibited to sell the work in any form and the rights to use it by any means. It is forbidden to place and distribute music files by any means other than those described in the purchased license, as well as distribution through exchange platforms.

8.   Musical Works cannot be used in projects that violate the laws and the constitution of the Republic of Poland, the European Union, and are incompatible with public policy or generally accepted principles of morality. In particular, the use of music in projects related to racism, the glorification of violence or unconstitutional use of any kind is prohibited.

9.   In case of violation of the licensing terms, the License may be revoked.

10.   The Seller has the right, in the event of non-compliance with the terms of the License, to suspend the client’s account until further notice and, if necessary, file a lawsuit for prosecution in accordance with civil and criminal law.

11.   The Customer and Purchaser releases the service provider from all third party claims and any damage caused by them.

9. Right to withdraw from the Agreement

1.   The consumer’s right to withdraw from the Agreement is excluded in the event of a contract for the supply of digital content that is not recorded on a tangible medium, if the performance began with the explicit consent of the Consumer before the expiry of the withdrawal deadline.

2.   The purchase cannot be returned in the event of an erroneous choice of a Work, a claim to the quality of samples, instruments, arrangement, mixing, and the like.

3.   The Seller, in some cases, allows the Purchaser to change the type of License for the purchased Work, in case of an erroneous choice. Within 14 days, you can notify the Seller about this via e-mail: [email protected]

4.   The Seller reserves the right to consider changing the type of License on an individual basis and at its own discretion.

10. Prices and payment methods

1.   The prices of the Items are quoted in US dollars and include all components and fees.

2.   The prices for the Items are the prices in effect at the time of the ordering by the Purchaser and will be binding on the Sales and Purchase Agreement concluded as a result of the placement of this Order by the Buyer. The Seller can change the prices for the Items at any time.

3.   The Purchaser can choose the following payment methods:

A) payment via PayPal
B) payment by payment card through PayPal

4.   PayPal payments are made on the PayPal platform. After selecting PayPal as the payment method, the Customer will be redirected to the PayPal website. Immediately after making the payment, the Client will be redirected back to the website of the Online Store.

5.   All orders are paid in US dollars. The Buyer assumes all costs associated with currency conversion in case of payment for the goods in another currency.

6.   The Seller has the right to suspend or cancel the execution of the Order, regardless of the type and level of execution, in case of non-payment or partial payment of the amounts due from the Buyer, in the event of a payment incident, fraud or attempted fraud in connection with the use of the Website.

11. Delivery / Shipping

1.   Delivery of the Items is carried out by downloading the Items from the link sent directly to the Customer’s email address after payment.

12. The procedure for submitting complaints about the provision of electronic services

1.   The Seller undertakes to provide the Buyer with the Items without defects.

2.   In the event of a defect in the purchased goods from the Seller, the Buyer has the right to file a claim in accordance with the provisions relating to the warranty in the Civil Code.

3.   Complaints related to the provision of Electronic Services through the Website can be sent by e-mail to the following address: [email protected]

4.   In the claim, the Customer must indicate his name and surname, contact details, type and description of the problem.

5.   To consider the claim, as part of the complaint procedure, the Item (the work uploaded by the Buyer) should be sent to the email address, attaching, if possible, a document confirming the purchase. The product must be delivered to the email address: [email protected]

6.   The Seller will respond to the Consumer’s request within 14 (fourteen) days.

13. Alternative methods of handling complaints and damages

1.   The consumer, among other things, has the opportunity to use the following out-of-court complaints procedures:

a) mediation carried out by local trade inspections.
b) assisted by the permanent consumer arbitration courts operating under the local trade inspectorates.
c) an online dispute resolution platform that you can find at: https://ec.europa.eu/consumers/odr

14. Data protection

Personal data provided by Buyers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy published on the Website.

15. Other provisions

1.   All rights to the Online Store, including copyrights, intellectual property rights in its name, Internet domain, website of the Online Store, as well as forms, logos, belong to the Seller, and their use can take place only in the specified and uniform …

2.   The purchase and sale agreement on the basis of these regulations applies to a specific agreement and is concluded for the purpose of fulfilling a one-time Order.

3.   Each Order requires separate acceptance of the rules.

4.   The settlement of any disputes arising between the Seller and the Buyer who is a consumer must be referred to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

5.   In matters not covered by these regulations, the generally applicable provisions of the legislation of the Republic of Poland apply, in particular: the Law on Consumer Rights of May 30, 2014, the Law on the Civil Code of April 23, 1964 and the Law on the Civil Procedure Code of November 17, 1964.

6.   The service provider reserves the right to amend these Rules, provided that contracts concluded prior to the amendment of the Rules are governed by the version of the Rules in effect at the time the order was placed by the Client.

7.   The regulation comes into force on November 04, 2024.