TERMS & CONDITIONS

 

eJams Entertainment Terms and Conditions

Welcome to eJams Entertainment, a booking and scheduling service (the "Service") brought to you by eJams Entertainment. These Terms are an agreement between you, the person who registers for the Service, and eJams Entertainment (together referred to as "we" or "us"). It is important that you understand both the benefits and limitations of the Service.

1. Acceptance of Terms.

When you click "SEND" or mail-in your registration, you agree to these Terms. If you do not agree to all of these Terms, do not click "SEND" or register by mail and you will not be entitled to use the Service. These Terms may be updated from time to time. If you do not agree to the changes, you agree to discontinue your use of the Service.

2. Benefits of Membership.

A. The Service. The Service is a booking service that allows users to promote their  performing information on the World Wide Web.  Additional features may be included in the Service in the future. The Service is currently provided free to talent buyers, and to performer representatives for a bi-annual or annual service fee shown on your invoice (our standard fee is currently $40.00 per six months or $60.00 per year per performer). We reserve the right to impose fees and changes. We will notify you at least a month in advance if there is ever a change in our fee schedule for the Service.
B. Service Limitations. We will try very hard to make your experience with us a productive one. However, we cannot always foresee or anticipate technical difficulties, service interruptions or other difficulties. We do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
C. Privacy Policy. We respect your privacy, and expect you to respect the privacy of other members on the Service. Our Privacy Policy is incorporated into and made part of this agreement. You can view our Privacy Policy at www.eJams.com/privacy.htm.
D. Cancellation. You may cancel your membership in this Service at any time by sending a request for subscription cancellation via our PayPal link below. A subscription may be canceled up until the day of the next scheduled payment. If a subscriber attempts to cancel before payment is sent on the day of a scheduled payment, the payment will not be made. Upon confirmation of your request, your account will be cancelled and your listing will be removed the day before the scheduled payment. Please keep in mind that we may cancel your enrollment in this service for any reason, at any time. We will attempt to notify you in advance of such cancellation, but we are not obligated to do so.

3. Terms and Conditions

For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines. ANY CONDUCT THAT VIOLATES THE TERMS AND CONDITIONS IS GROUNDS FOR TERMINATION OF YOUR ACCOUNT.

A. Membership Eligibility. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is NOT AVAILABLE TO MINORS. If you do not qualify, please do not use our services. 
B. Your Information. You agree to provide true, accurate, current and complete information about yourself as requested in our registration form and you agree to not misrepresent your identity or your third party information, which may important information regarding performers, or gigs, or performance related information. Your information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
C. Member Identity and Information. You represent to us that, for each membership, you either are the identity you claim to manage or you have been given express permission to open and control an eJams Entertainment membership on behalf of that identity. You understand that signing up another member without their permission is a direct infringement on their rights, and they may have the right to prosecute. eJams Entertainment also reserves the right to prosecute for any misrepresentation on the Service.
D. eJams Entertainment is Only a Venue for Booking, NOT an Agent. Our site acts as the venue for talent buyers to submit booking requests. We are not involved in the actual transaction between talent buyers and performers, and we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of performers to perform or meet the expectations or the ability of buyers to book performers. We cannot ensure that a buyer or performer will actually complete a transaction.
E. Booking and Buying. For any booking request, both parties have the ability to modify or decline the booking request and make additional changes during each stage of negotiation. A booking request becomes final and binding if both parties agree and accept to the terms of that booking request (and any attached contract). By accepting a booking request, you agree to be bound by the conditions included in the booking request and any attached contract so long as those conditions are not in violation of this Agreement or unlawful, or unless is an exceptional circumstance. Any problems or issues with any agreement you enter into with another party should be handled with them directly.
F. Release of eJams Entertainment. Because user authentication on the Internet is difficult, eJams Entertainment cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential booking partners. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release eJams Entertainment (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
G. Acts by Third Parties. It is up to you to do your diligence as to whether to enter into any agreement with any other party on the site. eJams Entertainment is not responsible for any transactions between members or individuals on the site. eJams Entertainment is merely the conduit and has no responsibility for any disagreements between two parties on the site, such as non-payment for gigs, no-shows, mis-bookings, and mis-communication between booking parties. In addition, eJams Entertainment is not liable for any acts by pranksters or non-credible people on the site.
I. Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service.
J. Proprietary Rights. You acknowledge and agree that eJams Entertainment owns all rights to this Web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. 
K. Use of Marks, Materials and Suggestions. The eJams Entertainment name and logos and all related product and service names, design marks and slogans are the property of, respectively, eJams Entertainment or our affiliates. Any and all copies that you make of the material must bear any copyright, trademark or other proprietary notice which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
L. Endorsements. All product and service marks contained on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

4. Rights You Grant to Us

A. Content You Provide. Subject to our Privacy Policy, which is available on the web site, you are licensing to us any "Content", which includes data and or personal information obtained from your third party accounts, or data which you provide through or to us and the Service. We may use, modify, display, distribute and create new material using such Content but only to provide the Services to you. By using the Service, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
B. Account Access. In order to ensure that we are able to provide high quality Services that are responsive to members' needs, you agree that our employees, auditors, attorneys and other agents may have access to your account and records as reasonably needed to investigate complaints, comply with applicable laws and to service your account.

5. Other Important Legal Matters

A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
B. Appropriateness of Content. From this site, users may view on the eJams Entertainment site or be directed to sites containing information or material that may be offensive or inappropriate. We make no effort to review the content of these sites, nor are we responsible for the validity, legality, copyright compliance, or decency of the content. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.
C. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
D. Indemnification. Except when caused by, arising from, or related to our intentional misconduct or gross negligence, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E. Service Changes and Discontinuation. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. In order to maintain the security and integrity of the Service we may also suspend your access to the Service at any time without notice. You agree that we will not be liable to You or any third party for any modification or discontinuance of the Service.
F. Other. This agreement cannot be changed nor any of our rights waived unless we agree in writing. This agreement is personal to you and you may not assign it to anyone. All notices to us must be made in writing. eJams Entertainment shall not be considered an agent or other legal representative of the other for any purpose by reason of this agreement. Nothing contained in this agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal, agent, employer or employee between us. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the State of South Carolina apply to this agreement without giving effect to its conflicts of laws provisions or your actual state or country of residence. These Terms constitute the entire understanding between you and us about the Service.