TERMS OF USE

TERMS OF USE
Updated on: July 14, 2011

IMPORTANT

PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE  USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS  THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Jamaicansmusic.com Limited ("Jamaicansmusic.com" or "we" "our" or  "us") owns or controls, and provides access to the Jamaicansmusic.com  website, at the url www.Jamaicansmusic.com and related properties (the  "Website"), the Jamaicansmusic.com client software, the  Jamaicansmusic.com widget and all proprietary services, software, data  and materials accessed via the Website (the "Services"). The Website and the Services are referred to together in these Terms of Use as the  "Properties".

THESE TERMS OF USE GOVERN YOUR USE OF THE PROPERTIES. 

These Terms of Use apply to the Properties and not to any other  website or any offline activities of Jamaicansmusic.com (unless  specifically stated). By accessing or using the Properties, registering  for or receiving Services offered on the Website, or by accepting,  uploading, submitting or downloading any information or content from or  to the Website, you agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE PROPERTIES.

1. Changes to the Properties and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to  you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the  top of the page. It is important for you to refer to these Terms of Use  from time to time to make sure that you are aware of any additions,  revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Website constitutes your acceptance of the  new Terms of Use.

2. Description of Website and the Services

Access to the Website currently provides users with access to the  Services and a rich collection of online resources, including online  forums, personalised content, interactive advertising messages,  proprietary software (including updates, patches and new versions),  audio, videos and other community and entertainment products. Unless  explicitly stated otherwise, any new features which may be added to the  Website or the Services, including without limitation, the release of  new Jamaicansmusic.com services and software, are subject to these Terms of Use.

In some instances, these Terms of Use and a separate end user  licence or similar agreement may apply to a service or product offered  by Jamaicansmusic.com via the Properties. We may add, change, remove,  suspend or discontinue any aspect of the Website and/or the Services at  any time without notice. We may also impose limits on certain features  and/or restrict access to parts of or all of the Properties without  notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and  pay any service fees associated with such access. In addition, you must  provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

You acknowledge that the Services include certain elements which  allow Jamaicansmusic.com proprietary software to be downloaded to your  computer which interacts with other computer programs (including  iTunes), the Jamaicansmusic.com computer servers and your iPod or other  permitted devices.

3. Intellectual Property Ownership; Licence

The past, present and future content of the Properties, including,  without limitation, software graphics, text, images, audio, videos,  designs, compilations, databases, targeting information, advertising  copy, and the trademarks, logos, domain names, trade names, service  marks and trade identities; any and all copyright material (including  source and object code); and all other materials related to the  Properties, including without limitation, the "look and feel" of the  Website (collectively, "Content") are protected by applicable  copyrights, trademark rights, database rights and other proprietary  (including, but not limited to, intellectual property) rights and are  the property of Jamaicansmusic.com, its parent, subsidiaries,  affiliates, or its licensors. Except as expressly set forth in these  Terms of Use or otherwise expressly granted to you in writing by  Jamaicansmusic.com, no rights (either by implication, estoppel or  otherwise) in or to the Content are granted to you. 

The copying, reproduction, re-arrangement, sale, leasing, renting,  lending, distribution, redistribution, modification or adaptation,  downloading, sideloading, exchanging, creating of derivative works,  uploading, posting, transmitting, communication to the public or  publication by you, directly or indirectly, of the Content, including  the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Properties contained in any part of the Website.  Exploiting any part of the Properties for a purpose that is not  permitted by these Terms of Use is expressly prohibited without prior  written permission from Jamaicansmusic.com or the applicable  intellectual property rights holder as identified on the Website.

Subject to your strict compliance with these Terms of Use,  Jamaicansmusic.com grants you a limited, personal, non-exclusive,  non-commercial, revocable, non-assignable and non-transferable licence  to:

  • download and use the Jamaicansmusic.com client-based software in accordance with its pre-defined functionality only;
  • listen to music and view videos streamed from the Website and participate in the Jamaicansmusic.com community areas;
  • submit or upload music, video and other content to  the Website strictly as permitted in accordance with these Terms of Use  and any other terms posted on the Website;
  • embed the Jamaicansmusic.com widget on your personal website or profile pages for non-commercial and private use only; and
  • communicate with other members of the Jamaicansmusic.com community;

Provided that you:

  • retain and do not alter or tamper with any  trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
  • do not, and do not allow or aid or abet any third  party (whether or not for your benefit) to, copy or adapt the object  code of the Website or Services (including, without limitation,  software, HTML, JavaScript, or other code); to reverse engineer,  decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy  protection mechanism or access any rights management information;
  • do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
  • do not copy or seek to copy or "rip" any audio  and/or audiovisual content from the Website or any part of the Service  (including, without limitation, the Jamaicansmusic.com widget);
  • do not embed or otherwise exploit the  Jamaicansmusic.com widget for commercial gain (which includes, for  example and without limitation, selling advertising on your site or  otherwise monetising any element of your site which contains the  Jamaicansmusic.com widget); and
  • do not adapt, copy, republish, communicate to the  public, display, transfer, share, distribute or otherwise exploit the  Content, except as under these Terms of Use.

Jamaicansmusic.com alone shall be responsible for determining, in  its discretion, whether any use of the Jamaicansmusic.com widget  constitutes commercial use in each case.

4. Links to Other Websites

The Website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other  Sites. The Other Sites may have their own terms of use and privacy  policy and those Other Sites may have different practices and  requirements than the Website. Jamaicansmusic.com may not have knowledge of, and is not responsible for, the content, information, services,  products or advertisements presented by any Other Site which you use at  your own risk. Jamaicansmusic.com does not warrant or make any  representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by  Jamaicansmusic.com of any Other Site(s) or resources, or their content,  information, services or products. The Website is only providing these  links to you as a convenience. The terms of use and privacy policy of  any Other Sites shall apply to your access and use of them.  Jamaicansmusic.com accepts no responsibility for the content or conduct  of Other Sites.

5. Our Linking and Widget Policy

Any web site that links to the Website or on which you include the  widget: (a) must not frame, surround, obfuscate or create a browser or  border environment around any of the Content of the Website; (b) may  link to, but not replicate, the Content; (c) must not imply that  Jamaicansmusic.com or the Website or any artist or performer are  endorsing or sponsoring it or its products, unless Jamaicansmusic.com  has given its prior written consent; (d) must not present false  information about Jamaicansmusic.com or its products or services; (e)  must not use any Jamaicansmusic.com Services or trademarks except as  expressly permitted in these Terms of Use or without the prior written  permission from Jamaicansmusic.com; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as  distasteful, offensive or controversial; and (g) must not support,  endorse or encourage piracy or the unauthorised exploitation of  intellectual property rights. By linking to the Website, you agree that  you do and will continue to comply with the above linking requirements.  Notwithstanding anything to the contrary contained in these Terms of  Use, we reserve the right to deny permission to link to the Website for  any reason in our sole and absolute discretion.

We provide the Jamaicansmusic.com widget to enable our users to  share Jamaicansmusic.com with their friends. It is not provided for  commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to include the Jamaicansmusic.com  widget in your website, or if you would like to use the widget for  commercial purposes, please contact us by emailing partners@Jamaicansmusic.com.

Jamaicansmusic.com reserves the right to remove links or block the  Jamaicansmusic.com widget at any time and for any reason in its absolute discretion.

6. Acceptable Use

You will not use the Properties to:

  • Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public: 
    • any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Jamaicansmusic.com, its parent, subsidiaries or affiliates), anything that adversely affects  Jamaicansmusic.com such as discouraging any person or entity from  advertising with, linking to or supplying Jamaicansmusic.com, abusive,  libellous, defamatory, obscene, vulgar, offensive, pornographic,  profane, racist, sexually explicit, ethnically or culturally offensive,  indecent, or that promotes violence, racial hatred, terrorism, or  illegal acts, or is otherwise objectionable in Jamaicansmusic.com's sole discretion;
    • information, software, content or other material  that violates, plagiarises, misappropriates or infringes the rights of  third parties including, without limitation, copyright (including,  offering pirated computer programs or links to such programs,  information used to circumvent manufacturer-installed copy-protect  devices, including serial registration numbers for software programs,  rights management information or any type of cracker utilities),  trademark, patent, trade secret, rights of privacy or publicity,  confidential information or any other proprietary right;
    • material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or  restricts or inhibits any other user's uninhibited use and enjoyment of  the Properties, interferes with, overburdens, impairs or disrupts the  Properties or servers or networks connected to the Properties, or  disobeys any requirements, procedures, policies or regulations of  networks connected to the Properties;
    • information or material of any kind that is false  or misleading or that constitutes or contains false or misleading  indications of origin or statements of fact, including, without  limitation, by forging any TCP/IP packet header, any part of the header  information in any transmission to the Website, or otherwise  manipulating identifiers in order to disguise the origin of any content  transmitted to or from the Website; or
    • any unsolicited or unauthorised advertising,  promotional materials, junk mail, spam, chain letters, pyramid schemes,  requests for money, petitions for signature, or any other form of  solicitation.
  • Encourage, promote, solicit or commit conduct that  would constitute a criminal offence, give rise to civil liability or  otherwise violate any local, state, national or international law or  otherwise make available any material that exploits or harms any  individual, corporation or other entity.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Disrupt the normal flow of dialogue, cause a screen  to scroll faster than other users of the Website are able to type, or  otherwise act in a manner that negatively affects other users' ability  to engage in real time exchanges on the Website;
  • Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
  • Use or attempt to use another's information, account, password, service or system except as expressly permitted;
  • Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of  information about users, including without limitation, through such  means as spidering, "screen scraping," "database scraping," harvesting  of e-mail addresses, wireless addresses or other contact or personal  information, or any other automatic means of accessing, logging-in or  registering on the Website or for any services or features offered on or through the Website; and
  • Undertake any commercial purpose or activity without the prior written consent of Jamaicansmusic.com, including, for example and without limitation, inserting your own or a third party's  advertising, branding or promotional content into any of the Website's  or Properties' content, materials or services (for example, without  limitation, in an RSS feed or a podcast received from Jamaicansmusic.com or otherwise available through the Properties).

You represent, warrant and agree that you will comply with the above acceptable use requirements. Jamaicansmusic.com reserves the right, in  its sole discretion, to terminate any user's account or take such other  action as Jamaicansmusic.com sees fit in relation to any user who  breaches Jamaicansmusic.com's acceptable use policy or any of the other  terms set forth herein. In extreme cases or as required by law or  regulation, Jamaicansmusic.com reserves the right to take court action  and/or report users to the relevant authorities. Jamaicansmusic.com  believes in building a caring community based around sharing music and  will not tolerate antisocial or unlawful behaviour on the Website or in  connection with any of the other Properties.

7. User Accounts, Additional Terms, End User License Agreements & Subscriptions

Registration may be required for the use of certain Services and  portions of the Website (e.g., e-mail, newsletters, competitions,  forums, content downloads, promotions etc.). In some instances, these  Terms of Use and separate end user licence agreements or terms of use  that set forth additional conditions may apply to Services or products  offered via the Website. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user licence or  similar agreement, the end user licence or similar agreement will  prevail, unless the additional conditions expressly state that these  Terms of Use will prevail. In cases where there are no additional terms  or conditions stated for any such registrations, services or products,  these Terms of Use will prevail.

If you choose to provide information to the Website, you agree to  provide only true, accurate, current and complete information. If you  create a user account, you agree to accept responsibility for all  activities that occur under your account or password, if any, and agree  you will not sell, transfer or assign your user account. You are  responsible for maintaining the confidentiality of your password, if  any, and for restricting access to your computer so that others may not  access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.

You may be able to purchase a subscription for certain additional  features of the Website and Services. You may only order subscriptions  if you are considered capable of entering into an enforceable contract  in the applicable jurisdiction. You agree to pay in full the prices for  any purchases you make either by credit/debit card concurrent with your  online order or by other payment means acceptable to Jamaicansmusic.com. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay  all amounts due upon demand by us.

8. Competitions

Jamaicansmusic.com may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. A link to these terms and  conditions will be found on the Website, alongside details of the  specific competition, promotion, prize draw and other opportunities. It  is your responsibility to read those terms and conditions for details  about the terms that shall apply and any eligibility requirements.

9. Software

Any software that we make available for download or use from the  Website and/or our servers (the "Software") is the intellectual property of Jamaicansmusic.com or its licensors or suppliers. Any such  "Software" shall be considered a "Service" or one of the "Properties" as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user licence agreement that may  accompany or that may be included with the Software (the "Licence  Agreement"). Please carefully read any Licence Agreement and Paragraph 7 above to determine the full extent of the terms and conditions  governing the use of such Software.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE  SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION,  REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS  SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY  PERMITTED BY THE LICENCE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

10. Copyrights and Copyright Agents

At Jamaicansmusic.com, we aim to respect the intellectual property  rights of others. If you believe that your work (or the work of a third  party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Jamaicansmusic.com Website in a way  that constitutes copyright infringement of your intellectual property,  please provide our copyright agent with a copyright infringement notice  ("Notice") which should include the following written information:

  • a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
  • identification of the copyrighted work claimed to  have been infringed, or, if multiple copyrighted works at a single  online site are covered by a single Notice, a representative list of  such works at that site;
  • 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 Jamaicansmusic.com to locate the  material (including, for example, a URL and/or screen shot);
  • your full name, email address, postal address and telephone number on which you can be contacted;
  • a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised  by the copyright owner, its agent, or the law;
  • a statement by you that the information in the  Notice is accurate, and under penalty of perjury, that the complaining  party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  • a physical or electronic signature (which may be a  scanned copy) of a person authorized to act on behalf of owner of the  work that is allegedly infringed.

Jamaicansmusic.com's agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:

By email:

infringementcomplaint@Jamaicansmusic.com

If you are unsure about your rights in respect of material, or  whether there has been an infringement of your rights, we suggest you  take legal advice before sending a Notice to Jamaicansmusic.com.

Please note that any video content made available on or through the  Website which contains or displays the YouTube logo or which is provided via the YouTube player is provided to you by YouTube and from YouTube's servers, and Jamaicansmusic.com thus does not have the ability to  permanently remove all or any such content from YouTube's servers.  Therefore, if you have a complaint concerning any video content made  available on the Website that is provided by YouTube, you should contact YouTube directly in accordance with copyright policies at:  http://www.youtube.com/t/terms. If you believe that your work is  available on the Website via the YouTube player in a way that  constitutes copyright infringement, please: (i) contact YouTube directly in accordance with copyright policies at:  http://www.youtube.com/t/terms and (i) contact Jamaicansmusic.com by  sending us a notice in accordance with the provisions of this Section  10.

11. Third Party Content and Information

The Properties contain Content and information that is provided for  your convenience and enjoyment. Third parties provide some of the  Content and information. You should be aware that the Content might  contain errors, omissions, inaccuracies, outdated information and  inadequacies and that the Content may be subject to terms and  conditions, which may be found on the Website or in the documents and  policies of third parties. Jamaicansmusic.com makes no representations  or warranties as to the completeness, accuracy, adequacy, currency or  reliability of any Content and will not be liable for any lack of the  foregoing.

In addition, third party advertisers or commercial partners may  offer goods, services and other materials to you on the Website. Your  correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of  products and services, the delivery of videos or other content, and any  terms, conditions, warranties and representations associated with such  dealings, are solely between you and the relevant third party.  Jamaicansmusic.com will not be responsible or liable for any loss or  damage of any sort incurred as the result of any such dealings or the  offering of such products, services, and other Content on the Website.  Under certain circumstances, we may permit third party users to upload  content, in which event you, at your own risk, may be exposed to  offensive, indecent or objectionable content.

Descriptions of, or references to, products, services or  publications within the Website do not imply endorsement of that  product, service or publication.

12. Information You Submit

From time to time, the Properties may contain functionality through  which you can upload or submit information, data, software, messages,  photographs, audio, video, text and other materials to, through or on  the Website ("Your Upload Information"). For example, the Website may  offer forums, bulletin boards, wikis, chat rooms, blogs or other  interactive areas ("User Forums"). Jamaicansmusic.com, its parent,  subsidiaries or affiliates or the directors, officers, employees, or  other representatives of each of them do not endorse the content posted  in User Forums. Jamaicansmusic.com reserves the right, but is not  obligated, to delete, move or edit Your Upload Information, in whole or  in part, submitted by you to a User Forum for any reason in their sole  discretion. Jamaicansmusic.com reserves the right to suspend or  terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that  you are prohibited from accepting payment for Your Upload Information  from any third party, including, without limitation, accepting payment  for the inclusion of a logo, brand advertising or other commercial  content, in Your Upload Information.

All of Your Upload Information is your sole responsibility. This  means that you, and not Jamaicansmusic.com, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit  or otherwise make available via the Website. Jamaicansmusic.com actively discourages you from uploading information or content (including  photographs) about your friends or other people without their express  prior consent. If you post personal information in User Forums or on  other publicly available areas of the Website, then you may receive  unsolicited messages from third parties. Jamaicansmusic.com cannot  ensure the security of any information you post in User Forums or on  publicly available areas of the Website. Under no circumstances will  Jamaicansmusic.com be liable in any way for any of Your Upload  Information including, but not limited to, any errors or omissions in  Your Upload Information, or for any loss or damage of any kind incurred  as a result of Your Upload Information.

You warrant and represent that Your Upload Information: (i) is an  original work by you or you have all necessary rights, licenses and  permissions in it and to submit it to Jamaicansmusic.com under the terms of these Terms of Use; (ii) is not defamatory; and (iii) does not  infringe upon, misappropriate or violate the rights of any third  parties, including, without limitation, any intellectual property  rights, rights of publicity or privacy or any other proprietary rights  or otherwise violate any law, rule, or regulation.

Except as otherwise described in our Privacy Policy or other agreement on the Website at which you provide Your Upload Information,  Your Upload Information will be treated as non-confidential and  non-proprietary and we will not be liable for any use or disclosure to  anyone, including but not limited to claimed intellectual property  owners. When you upload Your Upload Information via the Website, you  irrevocably grant to Jamaicansmusic.com, its parent, subsidiaries,  affiliates, and partners, without any credit or compensation to you, a  non-exclusive, worldwide, perpetual, unrestricted, irrevocable,  royalty-free and fully transferable, assignable and sub-licensable right and licence to use, reuse, modify, adapt, alter, display, archive,  publish, sub-license, perform, copy, reproduce, disclose, transmit,  communicate to the public, post, sell, translate, create derivative  works of, distribute, make and export Your Upload Information (in whole  or in part), or to incorporate it in other works in any form, media,  software or technology of any kind now known or developed in the future, for any purposes whatsoever including, without limitation, for  advertising, marketing, publicity and promotional purposes, such as  developing, manufacturing and marketing products and targeted  advertisements using such Uploaded Information. You hereby waive any  moral rights (or any similar rights in any jurisdiction) you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand  that Jamaicansmusic.com, its parent, subsidiaries, affiliates, and  partners are not obligated to use Your Upload Information submitted  through the Website or otherwise, and may alternatively choose, in its  sole discretion, to discard, refuse to post, limit or block access to  Your Uploaded Information without any liability whatsoever.

You acknowledge that the Web Site, through Jamaicansmusic.com, its  parent, subsidiaries, affiliates, and partners undertakes no obligation  to pre-screen Your Upload Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks,  refuse, move, block access to or remove any of Your Upload Information.  You agree that you must evaluate, and bear all risks associated with,  the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your  Upload Information. Since Jamaicansmusic.com, its parent, subsidiaries,  affiliates, and partners may not pre-screen user generated content, you  may bear legal responsibility for others' exposure to any offensive  indecent or objectionable content in Your Upload Information.

13. Disclaimer of Warranties

THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,  SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT  FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL  FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JAMAICANSMUSIC.COM  AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR  WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED)  ABOUT: (A) THE PROPERTIES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED  THROUGH THE PROPERTIES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES; (D) THE MESSAGES, CONTENT AND INFORMATION SENT  FROM OR THROUGH THE PROPERTIES BY USERS; (E) ANY PRODUCTS OR SERVICES  OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F)  THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED  BY USERS TO THE PROPERTIES; (G) SECURITY ASSOCIATED WITH THE  TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROPERTIES OR ANY  LINKED SITE. JAMAICANSMUSIC.COM DOES NOT WARRANT THAT THE PROPERTIES,  ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL  BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT  THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS.

JAMAICANSMUSIC.COM DOES NOT WARRANT THAT YOUR ACTIVITIES IN  CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR  JURISDICTION AND, IN ANY EVENT, JAMAICANSMUSIC.COM SPECIFICALLY  DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU  UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PROPERTIES, YOU ACT  AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND  ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE  WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, JAMAICANSMUSIC.COM AND  ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT  PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT  LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND TITLE.

JAMAICANSMUSIC.COM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE  DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER  PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS  CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE  DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE  DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS  APPLICABLE TO THIS AGREEMENT.

YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK.

14. Disclaimers/Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT JAMAICANSMUSIC.COM FURTHER LIMITS ITS  LIABILITY IN CONNECTION WITH YOUR USE OF THE PROPERTIES AS SET FORTH  BELOW:

UNDER NO CIRCUMSTANCES SHALL JAMAICANSMUSIC.COM, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR  OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE  "JAMAICANSMUSIC.COM ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY  LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY  SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1)  THE PROPERTIES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE  CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN  INVESTIGATION BY JAMAICANSMUSIC.COM OR LAW ENFORCEMENT AUTHORITIES  REGARDING YOUR USE OF THE PROPERTIES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE  PROPERTIES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE  JAMAICANSMUSIC.COM ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT,  NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION,  WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,  TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTIES).  NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES JAMAICANSMUSIC.COM'S  LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN  NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS OF USE ARE DETERMINED TO BE ILLEGAL, INVALID  OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE INTENDED TO BE EFFECTIVE, THEN TO THE  EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL,  INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE  TERMS OF USE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE  BINDING AND ENFORCEABLE.

THE JAMAICANSMUSIC.COM ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE  FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, 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.

YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF  YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR  SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE  PROPERTIES OR THE CONTENT.

YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES,  LOSSES OR INJURIES THAT ARISE OUT OF JAMAICANSMUSIC.COM'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, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION  PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY  JAMAICANSMUSIC.COM AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES  OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR  RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,  EXHIBITION OR EXPLOITATION OF ANY JAMAICANSMUSIC.COM WEB SITE, SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL  ACTIVITIES OR ACTIONS RELATED THERETO.

15. Indemnity

You agree to indemnify, hold harmless, and keep Jamaicansmusic.com,  its parents, subsidiaries and affiliates, and their respective owners,  officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands,  investigations, liabilities, losses, damages, judgments, settlements,  costs and expenses, including attorneys' fees arising out of or in  connection with this Terms of Use, including, without limitation: (a)  your use of the Properties; (b) your violation of these Terms of Use or  any law, rule or regulation; (c) your use of the Content; or (d) your  placement or transmission of any of Your Upload Information or any other content or materials on or through the Properties. You will cooperate  as fully and reasonably as required by Jamaicansmusic.com in the defence of any claim. Notwithstanding the foregoing, Jamaicansmusic.com retains the exclusive right to settle, compromise and pay any and all claims,  demands, proceedings, suits, actions or causes of actions which are  brought against Jamaicansmusic.com herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim  without Jamaicansmusic.com's prior written approval.

16. Governing Law

These Terms of Use and the interpretation of these Terms of Use  shall be governed by and construed in accordance with the laws of  Jamaica.

17. Miscellaneous

Any other rules, restrictions, guidelines and terms and conditions  that may be posted or made available in connection with a particular  feature on the Website or Service are incorporated by this reference  into these Terms of Use for all purposes.

You are solely responsible for compliance with applicable laws,  rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your  transmission or use of any software or data.

These Terms of Use and any applicable end user licence or similar  agreements contain the sole and entire agreement between the parties  with respect to the Properties, the Content and Your Upload Information  and supersedes any and all other prior written or oral agreements  between them. The section titles in these Terms of Use are for your  convenience only and do not have any legal or contractual effect. You  agree that these Terms of Use will not be construed against  Jamaicansmusic.com by virtue of having drafted these Terms of Use. If  any provision of these Terms of Use shall be held invalid or  unenforceable by any court of competent jurisdiction or as a result of  future legislative action, such holding or action shall be strictly  construed and shall not affect the validity or effect of any other  provision of these Terms of Use. No waiver on the part of  Jamaicansmusic.com of any of these Terms of Use will be of any force or  effect unless made in writing and signed by a duly authorized officer of Jamaicansmusic.com.

Nothing in these Terms of Use are intended to confer on any third  party (whether referred to in the Terms of Use by name, class,  description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.

18. Termination

You understand and agree that Jamaicansmusic.com will determine your compliance with these Terms of Use in its sole discretion.  Jamaicansmusic.com reserves the right to restrict, suspend, deny or  terminate access to all or part of the Website or any Service and to  deny access to any person in its sole discretion without notice or  liability of any kind. Jamaicansmusic.com maintains a policy that  provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual  property rights. Any violation of these Terms of Use may be referred to  law enforcement authorities. Upon termination of your user account or  access to the Web Site, or upon demand by Jamaicansmusic.com, you must  destroy all materials obtained from the Properties and all related  documentation.

19. Privacy

Registration data and certain other information about you are  subject to our Privacy Policy. Please read the Privacy Policy for  information on how your personal data and other information about you  will be handled. By accepting these Terms of Use you are also accepting  the terms of the Privacy Policy, which is incorporated herein by  reference for all purposes.

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