JAM Music Maker | Terms of Use – Powerful (2023)

1. Definitions

The following definitions apply to this license agreement:

"Music Maker Jam (MMJ)" means the Product licensed under this Agreement, consisting of the Software and, if applicable, Additional Content.

"Software" means the computer program in object code form contained in MMJ, including all updates and upgrades, excluding the Delivered Content.

In this Agreement, "Content" refers to content included in MMJ other than the Software, such as music files, video files and photo files and other sounds and models that contain such files. This content is available for free or for a fee.

In this Agreement, "User Generated Content" refers to Content created by a User with MMJ.

"Commercial Use" in this Agreement means any commercial use and any use of the Software or Content for direct or indirect financial gain (eg through sales, licensing, advertising, etc.).

2. Purpose of the contract

1. Subject to the terms of this Agreement, Loudly grants MMJ users a non-exclusive, non-transferable right to use MMJ. Loudly retains ownership, copyright and other proprietary rights related to MMJ. User acknowledges Loudly's ownership and all proprietary rights in the software, backups and documentation. The user is solely responsible for correct contractual use of MMJ. The Code of Conduct is an integral part of this agreement.

2. Loudly reserves all rights, including those not expressly granted in this Agreement.

3. Use of Software and Content

1. Programmer
The software may only be used for non-commercial purposes.

2. Content
a) The content may be used exclusively for non-commercial purposes. This also applies to music, video or photo data, as well as corresponding templates purchased through Loudly Products.

b) Transfer to third parties for commercial purposes (e.g. in connection with contractual work) is not permitted.

c) Exploitation of the content outside the scope of personal work, i.e. separated from the results of the work obtained with the software, is prohibited in all cases.

3. User Generated Content
The Music Maker JAM user agrees that Loudly may use the audio works created by the user using Music Maker JAM internally for an indefinite period to further develop its own product portfolio. Using proprietary software, Loudly will extract data from user-generated audio projects to populate datasets that can be used for media production software applications, both internal and external, to deliver innovations across Loudly's product portfolio.

4. Terms of Use for Use of Artificial Intelligence ("AI") Data License.

By using Music Maker JAM, you agree that any content you create, including but not limited to music created using the supplied loops (the "User Content"), may be used by Loudy and our licensors for the following purposes:

Train, improve and develop artificial intelligence (“AI”) and similar technologies;
Create derivative works based on your User Content using artificial intelligence and similar technologies.
You retain the copyright to your User Content. However, by accepting these Terms of Use, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, display and perform your User Content in connection with providing and improve our artificial intelligence and similar technologies;

Please note that these Terms are not intended to change your copyright, but only to grant us the necessary rights to provide and improve our Services.

4. Prohibition against copying and renting. prohibition of change

1. MMJ may not be rented out commercially or otherwise lent to third parties for payment.

2. In accordance with §§ 69d & e UrhG (German copyright law), the user may not make changes to the licensed software either personally or through third parties. The user may not disassemble the software into its components, nor modify the object code, decode it, copy it or use it in any way other than that stipulated in the contract.

5. User Accounts

1. Registration is required to use MMJ or to ensure that certain features work properly. The user is responsible for the general use and security of his user account.

2. The user's account may be temporarily or permanently blocked if Loudly determines that the user has violated this agreement or the code of conduct.

6. Virtual currency and virtual goods

1. Virtual currencies ("Beatcoins") or goods or services for use on MMJ ("Virtual Goods") may be provided to MMJ free of charge or for a fee. Beatcoins and virtual goods can only be used in MMJ. Beatcoins are divided into paid and free Beatcoins. Free Beatcoins expire 12 months after they are issued and are deleted thereafter. Billable Beatcoins expire 24 months after they are issued and are then deleted. Users will be notified two months before paid Bitcoins expire.

2. Beatcoins or purchased virtual goods cannot be exchanged for real money, real goods or real services. Beatcoin and/or virtual goods can only be purchased through Loudly. Beatcoins and virtual goods cannot be transferred. Fee-based offers can be changed to free offers at any time, and vice versa, free offers can be changed to paid offers. In addition, additional Beatcoins can be distributed to users for free. However, there is no legal requirement for this distribution.

3. An individual limited and revocable license is granted to the User to use Beatcoins or Virtual Goods. There is no ownership of Beatcoins or virtual goods.

4. No refund. The user accepts that the delivery of the service begins immediately after the completion of the purchase and that the right of withdrawal expires at the same time. The purchase of Beatcoins or virtual goods is completed when the Beatcoins or virtual goods are credited to the user's account. From this moment, the 24-month usage period applies.

5. Invoices can be issued in electronic format.

6. Loudly reserves the right to adjust, modify, remove or change the price of Beatcoins and virtual goods at any time. Furthermore, Loudly reserves the right to regulate the total number of Beatcoins or virtual goods that can be purchased at any given time and/or the total amount that can be purchased in the Users' accounts.

7. User accounts banned or deleted under this Agreement will forfeit all Beatcoins and Virtual Goods. Damages and refunds excluded.

8. The use of cheat codes, bots and other measures to control access to Beatcoins and/or virtual goods is prohibited and the user's account will be immediately banned as a result.

7. Warranty and liability

1. The user is aware that advanced software programs and associated documentation may contain errors and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customers. requirements or error-free with all third-party software and hardware. Loudly makes no guarantees about specific features and usability related to applications intended for specific customers.

2. In the case of paid products and services, Loudly is only liable for minor and insignificant damages caused to itself or its employees in the event of failure to comply with a duty, even if it is outside of contract, the fulfillment of which is of particular importance. to comply with conventional use (cardinal duty), as well as in the event of damage to life, body and health.

3. For failure to fulfill a fundamental obligation, liability is limited to damages that would normally be expected under this agreement, if there is no intent or gross negligence, or if Loudly is held liable for fatal injury, personal injury or danger to life. health.

4. Loudly is not responsible for damages that could be controlled by the user or for damages that could have been avoided by the user if reasonable measures had been taken to do so. Loudly is only responsible for loss of data to the extent of the costs associated with restoring it if backups are available.

5. In any event, Loudly's liability is limited to four times the license fee paid by the customer. This exclusion does not apply to damages caused by intent or gross negligence on Loudly's part.

6. In the case of paid products and services, the warranty for material defects and proprietary defects is limited to fraudulent concealment of defects by Loudly in exchange for the free license to the product. Otherwise, Loudly's liability is limited to cases of design and gross negligence with respect to free license.

7. The legal responsibility for injury and personal injury according to the Product Liability Act remains unaffected.

8. Loudly reserves the right to change part or all of the offer, replace it in whole or in part or convert free offers into paid offers and vice versa. Availability will not be guaranteed.

8. Third Party License Terms

If MMJ contains additional software from other manufacturers or if additional software is bundled, compliance with the manufacturer's terms of use and license for such additional software will also be mandatory.

The provision of MMJ through all Software Stores (including, where applicable, purchases of Virtual Goods and Virtual Items) is subject to the additional terms of the individual Software Store and any other terms arising therefrom as part of this Agreement. Loudly is not responsible and assumes no liability for purchases or payment transactions made through a software store.

9. Support

Loudly offers online support viahttps://justaddmusic.zendesk.com/hc/en-us/categories/115000308513-Music-Maker-JAMduring the warranty period. Provision of support is at Loudly's discretion and is not accompanied by any warranty or guarantee.

10. Other

1. This agreement constitutes the full agreement of the parties on the subject matter of the contract. There are no collateral agreements. No oral or written statement by Loudly or any employee of Loudly shall modify or challenge the validity of this License Agreement.

2. If one or more terms of this agreement are or become invalid, this will not affect the validity of the remaining part of the agreement. A replacement provision replaces the invalid condition that best matches the intended purpose. The contract is governed by the laws of the Federal Republic of Germany.


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