JonesTM Inc. Terms of Service/Privacy Statement

NON-BROADCAST USE DISCLAIMER   All material contained on the Prime Cuts PLUS section of this website is licensed exclusively for NON-BROADCAST USE and is intended for use by mobile and club DJ's to incorporate into their live, on-site performances.  Use of any Prime Cuts PLUS material as part of any broadcast, over a terrestrial radio/TV/Cable station, satellite broadcasting or any other medium is strictly prohibited and subject to fines up to $50,000 per infringement.  JonesTM strictly enforces all licenses and aggressively pursues copyright infringers.  If you wish to license these materials for broadcast, please contact your JonesTM representative at (972) 406-6800.

PRIVACY   By agreeing to the terms of this license, the user acknowledges that any material copied, downloaded or otherwise transmitted from this site may be encoded with information pertaining to the unique user including, but not limited to:

• The user’s e-mail address
• The user’s password
• Information obtained from the user’s computer
• Information obtained from the user’s network
• Information obtained from the user’s ISP

INTRODUCTION

Welcome to the Internet sites of JonesTM. This site is operated by JonesTM and its affiliates (referred to herein as "we", "us", “JTM”, “the company” or "our").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS JTM WEBSITE. By using the JTM Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the JTM Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this JTM Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any JTM Site are the copyrighted property of JonesTM, or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to JTM or affiliated companies and/or third party licensors.. No material from any JTM Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as noted in this agreement and by direct licensing with JTM.

All materials presented on this site are for professional use only by broadcasters and other licensed users.  All users must have on file a signed and executed license agreement with JonesTM  Nothing on this site will in anyway abrogate any portion of the master license agreement.

Users may download material from this site and copy such material only to the extent necessary for purposes of broadcasting.  Any other use may violate copyright law and the user expressly indemnifies JonesTM, Inc from any and all consequences resulting from unauthorized use of material presented on this site.

In the event you download software from any JTM Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your professional use only at appropriate licensed facilities. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

CONTENT LINKED TO ANY JTM SITE

Please exercise discretion while browsing the Internet using any JTM Site. You should be aware that when you are on a JTM Site, you could be directed to other sites that are beyond our control. There are links to other sites from JTM pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the JTM Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on JTM Sites may send cookies to users that we do not control.

We reserve the right to disable links from third party sites to any JTM Site. 

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a JTM Site.

 DISCLAIMER

JTM makes no representations as to whether material provided on this site is suitable for broadcasting.  Nor do we make any representation that material made available on this site can be broadcast without violation of applicable laws and regulations.

THE MATERIALS CONTAINED IN THIS JTM SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY JTM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY JTM SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY JTM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any JTM Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any JTM Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY JTM SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY JTM SITE.

 JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any JTM Site are presented solely for the purpose of promoting  commercial recording, films, and other products available in the United States and its territories, possessions, and protectorates. JTM is controlled and operated by JonesTM from its U.S. offices in Dallas, Texas.  We make no representation that materials on any JTM Site are appropriate or available for use in any particular location. Those who choose to access a JTM Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Dallas County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We may give notice to our users by means of a general notice on any JTM Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first class mail to a user's address on our records.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Notification must be submitted to the following Designated Agent:

1. Service Provider(s): JonesTM

2. Name of Agent Designated to Receive Notification of Claimed Infringement: David Graupner

3. Full Address of Designated Agent to Which Notification Should be Sent: 2002 Academy Lane; Dallas, Texas, USA, 75234

4. Telephone Number of Designated Agent: (972) 406-6800

5. Facsimile Number of Designated Agent: (972) 406-6890

6. Email Address of Designated Agent: info<at>jonestm.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.