The JazzLine.com website, our library of audio-visual Content, our Video Player, and our associated technologies, products, and services (collectively, “the Services”) are operated by Jazz Line, LLC, in partnership with Synchronicity, Inc. and Mersion Media (collectively, “The Jazz Line”). By accessing The Jazz Line, you are agreeing to be bound by these Terms of Use (“Terms”). If you do not wish to be bound by these terms you may not access or use the Services.
1. Access and Use of the Services
a. Your License: The Jazz Line grants you a non-exclusive limited license to use the Services offered on this website, including accessing and viewing the Content on a streaming-only basis through our Video Player, for personal, non-commercial purposes as set forth in these Terms.
b. The Content: You may only access and view the Content on the Services for personal, non-commercial purposes in compliance with these Terms. You may not copy, record, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or re-transmit the Content unless explicitly permitted by The Jazz Line and our relevant partners in writing. You may not access, re-stream, or re-transmit the Content via any platform, website, or application outside of the Services unless explicitly permitted by The Jazz Line in writing. Furthermore, you may not create, distribute or advertise an index of any portion of the Content unless explicitly permitted by The Jazz Line in writing. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio materials, video materials, audio-visual materials, and still images.
c. Content Ownership: You agree that The Jazz Line owns the rights to the Services, and the Content you access and view as part of the Services is owned or controlled by The Jazz Line and/or The Jazz Line’s partners. The Services and the Content are protected by copyright, trademark, and other intellectual property laws; and their use is governed by these Terms.
d. Content Quality: The Jazz Line uses various technologies to provide you with an optimal viewing experience when using the Services. However, the quality of Content, including video resolution and bit-rate, may be dependent on many factors, such as the speed of your internet connection, the device being used, and the availability of content in the quality desired. As a result, The Jazz Line is unable to make any warranties about the Content in these respects.
e. The Video Player: You may not modify, remove, interfere with, or otherwise change any portion of the Video Player or its underlying technology. You may not attempt to view the Content without the Video player and all surrounding elements (including without limitation the user interface of The Jazz Line’s website, any advertising, controls, and copyright notices).
f. Embedding a Video: Where an embed link is explicitly provided in the ‘Share’ section of a video’s webpage, you may embed videos using our special Embedded Video Player, on the condition that you do not embed the video on any website or other location that contains or hosts content that is infringing, pornographic, or otherwise unlawful. You may not embed the Video Player into any hardware or software application under any circumstances. The Jazz Line, and our partners, reserve the right to disable embedding for a single video, or all videos, at any time and for any reason, without notice.
g. Internet Service and Data Usage: In order to access The Jazz Line, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications (see our FAQ for details). You are responsible for any costs associated with your internet service used to access the The Jazz Line.
h. Your Conduct: You agree to use The Jazz Line for lawful, non-commercial, and appropriate personal purposes only. You agree to abide by any restrictions placed on the Service, as well as any restrictions on the Content made available by the Service. You agree that you will not: (1) violate the rights of others, including copyright, privacy, or other personal or proprietary rights; (2) Use technology to access, index, or frame the Services (including the Content) in a manner not explicitly authorized by The Jazz Line; (3) access the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); (4) introduce viruses or computer code to the Services intended to interrupt, damage, destroy, or limit the functionality of any computer software or hardware; (5) intentionally disable, overburden, impair, or attempt to gain unauthorized access to the Services, including The Jazz Line’s servers, network, or user accounts; (6) remove, block, obscure, or impair any advertising on the Services; (7) violate these Terms or any guidelines or policies posted by The Jazz Line.
If we determine, in our sole discretion, that you are violating any of these Terms in any way, your access to The Jazz Line may be restricted.
i. Modification/Suspension/Discontinuation: We regularly make changes to the Services. The Content, as well the websites through which the Content and Services are made available, may change from time to time. The Jazz Line reserves the right to change, replace, or remove any Content or the Services, including specific titles and channels, and to otherwise make changes in how we operate the Services. Additionally, you understand that our partners and channels may choose to place restrictions on Content on the Services, such as making it available only to users accessing the Services from certain countries.
While we do not expect to do so, we may alter, temporarily suspend, or permanently discontinue the Services (including access to the Content) at any time, and without advance notice to any users. We may occasionally experiment with or otherwise alter certain features or other elements of the Services, including user interfaces, pricing, advertisements, and how the website operates. You acknowledge that The Jazz Line may do so in our sole discretion at any time without notice. You also agree that The Jazz Line will not be liable to you for any modification, suspension, or discontinuation of the Services. If you are a Premium Subscriber, and The Jazz Line suspends or discontinues your subscription, The Jazz Line may, in its sole discretion, provide you with a prorated credit, refund, or other consideration in accordance with our Subscription and Billing Terms below. However, if The Jazz Line terminates your account, or suspends or discontinues your access to Services, due to your violation of these Terms you will not be eligible for any such credit, refund, or other consideration of any kind.
2. Premium Subscriptions and Billing
While The Jazz Line does offer a free (Basic) subscription, we also offer a Premium Subscription which provides registered users with access to special features within the Services, such as the removal of all advertising on the Services, and access to High-Definition videos. The offerings and features available with Basic subscribers will differ from those available to Premium Subscribers. For clarification, a "day" for purposes of these Terms begins at 12:00 a.m. Central Time and ends at 11:59 p.m. Central Time of that same calendar day.
a. Billing: By providing a credit card, debit card, or other payment method accepted by The Jazz Line ("Payment Method") for your subscription and clicking ‘Sign Up’, you are explicitly agreeing that we are authorized to charge you a monthly subscription fee on a recurring basis, as well as any applicable taxes in connection with your use of your subscription, to the Payment Method you provided. If you wish to use a different Payment Method than the one you signed up to use during registration, you can change this at any time from your ‘My Account’ page. When you provide a Payment Method to access a subscription, The Jazz Line and our partners will attempt to verify the information you entered and then attempt to charge your Payment Method immediately if you pass the initial verification check.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription, and approximately monthly thereafter unless and until you cancel your subscription or the account, premium subscription, or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the JazzLine.com website and go to your ‘My Account’ page.If your Payment Method expires and you do not edit your Payment Method information or cancel your Premium subscription, your subscription will be automatically reverted to a free (Basic) subscription.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. The interval of time between each payment due date shall be approximately monthly. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each month may vary, for reasons including but not limited to promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you agree that you authorize us to charge your Payment Method for the corresponding amounts.
The Jazz Line reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If The Jazz Line changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
In the rare event of a special circumstance (for example, you are a Premium subscriber and the Services become unavailable for multiple days as a result of technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at The Jazz Line’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
b. Ongoing Subscription and Cancellation: Your subscription will continue in effect on a recurring basis every month unless and until you cancel your subscription or the account, premium subscription, or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, your account will be downgraded to a free Basic subscription and your cancellation of your Premium subscription will be effective IMMEDIATELY. You will not receive a refund for the unused period of your subscription if you choose to cancel your Premium Subscription, and forfeit any service or referral credits upon cancellation. You can cancel your subscription at any time from your ‘My Account’ page.
c. Unpaid Amounts: It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected by your bank or card provider). If The Jazz Line does not receive payment even after retrying your Payment Method, your Premium Subscription will be cancelled and downgraded to a free Basic subscription, and we will cease any further attempt to retry billing your Payment Method.
3. Accounts and Registration
a. User Responsibility: You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services. All registration information you submit must be accurate and up-to-date. Please keep your password confidential. You will never have to reveal your password to anyone at The Jazz Line. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please Contact Us if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
b. Acceptance of Terms: We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if The Jazz Line determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers.
4. User Comments
As part of the Services, users may have an opportunity to publish, submit, or otherwise post (collectively, "Post") Comments. In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
a. User Conduct: You must not Post Comments that: (i) contain Unsuitable Material (defined in Section 1(h), above); or (ii) improperly claims the identity of another person. Please note that if you Post Comments on the Services using a third party provider, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post.
b. Content License: By submitting Comments, you represent and warrant that you created or otherwise own the Comments or otherwise have the right to grant The Jazz Line the license provided below. You also represent and warrant that the Posting of your Comments does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting Comments. The Jazz Line will remove all Comments if we are properly notified that such Comments infringes on another person's rights. By Posting Comments, you are not forfeiting any ownership rights in such material to The Jazz Line. By Posting your Comments, you grant The Jazz Line a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such Comments through the Services and on other platforms and services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to The Jazz Line is non-exclusive, royalty-free, and sublicensable. By Posting your Comments, you also hereby grant each user of the Services a non-exclusive, limited license to access your Comments, and to use, display, reproduce, distribute, and perform such Comments as permitted through the functionality of the Services and under these Terms.
c. Content Restrictions: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. The Jazz Line does not endorse any Comments, and Comments that are Posted does not reflect the opinions or policies of The Jazz Line. We reserve the right, but have no obligation, to monitor Comments and to restrict or remove Comments that we determine, in our sole discretion, to be inappropriate or for any other reason, as permitted by law. In no event does The Jazz Line assume any responsibility or liability whatsoever for any Comments, and you agree to waive any legal or equitable rights or remedies you may have against The Jazz Line with respect to such Comments.
5. Linked Destinations and Advertising
a. Third Party Destinations: If we, or our partners/channels, provide links or pointers to other websites or destinations, you should not infer or assume that The Jazz Line operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not govern your use of another website or destination. The Jazz Line is not responsible for the content or practices of any website or destination other than JazzLine.com, even if the website or destination is operated by a company affiliated or otherwise connected with The Jazz Line. By using the Services, you acknowledge and agree that The Jazz Line is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the JazzLine.com.
b. Third Party Advertisements and Content: The Jazz Line takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any website where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that The Jazz Line is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, The Jazz Line is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
6. Disclaimer of Warranties, Limitation of Liability and Indemnity
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE CONTENT, THE VIDEO PLAYER, THE FEATURES, COMMENTS, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE JAZZLINE.COM WEBSITE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE JAZZ LINE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THE JAZZ LINE OR ITS AFFILIATES, PARTNERS, CREATORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, "THE JAZZ LINE PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE JAZZ LINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT 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 NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $25 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE JAZZ LINE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE JAZZ LINE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
7. Digital Millennium Copyright Act (DMCA) Notice
Materials may be made available via the Services by third parties not within our control. We are under no obligation to, and do not, scan user-submitted content used in connection with the Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Services. It is also our policy to terminate relationships regarding content with users or any other third party that knowingly and repeatedly infringe on the copyrights of others.
If you believe any materials or Content on the Services infringe upon your rights as a copyright holder, you should provide us with written notice using the information contained on the Jazz Line DMCA page. All DMCA notices should be addressed directly to us (The Publisher).
8. Arbitration of Claims
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
In the event there is an issue that cannot be resolved by our friendly customer support team, you and The Jazz Line agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at the mailing address on our Contact Us page, FAO Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for the Services.
If we do not reach a mutually-agreeable solution after discussing the issue for at least 30 days, you and The Jazz Line agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available online at www.adr.org or by calling the AAA at 1-800-778-7879. As an exception to this arbitration agreement, The Jazz Line is happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis in a court within the jurisdiction of Polk County in the State of Iowa.
You and The Jazz Line agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
You agree that any arbitration or small claims court hearings will take place in Polk County, Iowa. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. The Jazz Line will not pay any arbitration or other fees, unless a requirement to do so is levied as part of a judgment or award stemming from the ruling of an arbitrator or small claims court judge.
For clarity, this arbitration provision will survive removal or cancellation of your The Jazz Line account and/or Premium subscription.
9. Limitation on Time to Bring a Claim
To help resolve any issues between us promptly, you and The Jazz Line agree to bring any claim arising out of or relating to these Terms (including The Jazz Line’s Privacy Policy), our relationship, or the use of the Services within ninety calendar days after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
10. General Information
a. International Use: Jazz Line, LLC is a company based in the United States of America. The Jazz Line's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our creators, partners, and content programmers grant to us. You are prohibited from using technologies to access the Content from territories where The Jazz Line does not have rights or that are not permitted by the terms of your subscription.
b. Choice of Law and Forum: These Terms are governed by, and construed in accordance with, the laws of the State of Iowa without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), you and The Jazz Line agree to submit to the exclusive jurisdiction of the courts located in the Polk County of the State of Iowa.
c. Integration, Amendment, Severability, and Electronic Communications: Please note that these Terms, including The Jazz Line's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Services, constitute the entire legal agreement between you and The Jazz Line and govern your use of the Services (including your use of the Content), and completely replaces any prior agreements between you and The Jazz Line in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, both you and The Jazz Line agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the the Services). You consent to receive electronic communications from The Jazz Line and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the JazzLine.com website at JazzLine.com/page/terms. Any material change to these Terms will be effective automatically, immediately.
Last Update: July 1, 2018.
