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Terms & Conditions

PURPLEJAMM 
TERMS AND CONDITIONS 
FOR ONLINE MUSIC BUYERS
 
This TERMS AND CONDITIONS is a valid and legal contract entered into between PURPLEJAMM (Tahoe, Ca USA) and you (ONLINE MUSIC BUYER).  This TERMS AND CONDITIONS defines the use of the “PURPLEJAMM MUSIC PORTAL” for content providers. These TERMS AND CONDITIONS which apply to your use of the PURPLEJAMM WEBSITE and other websites, social media, mobile sites, applications and services made available by us. Your registration as an ONLINE MUSIC BUYER is deemed to be your conclusive acceptance of the TERMS AND CONDITIONS.

  1. DEFINITION OF TERMS

    1. PURPLEJAMM or www.purplejamm.com is a music portal where original works by independent and unsigned artists can be uploaded for sale and distribution through the PORTAL.  All songs sold through the portal benefits humanitarian works by non-profit organizations.  PURPLEJAMM is referred to interchangeably herein in this agreement as PURPLEJAMM, www.purplejamm.com, PORTAL or MUSIC PORTAL.  The following further describes PURPLEJAMM:

    1. PURPLEJAMM is a music portal for independent artist who wanted to use their works to benefit worthy causes;

    1. PURPLEJAMM is a music portal where charitable and non-profit organizations can register so that songs by independent artists can be dedicated to them.  Specifically, 50% of the proceeds from the sale of each song in PURPLEJAMM is distributed to non-profit organizations.  Under the PURPLEJAMM PORTAL, the 50% allocation for non-profit works can be distributed to several non-profit organizations.

    1. PURPLEJAMM being primarily a MUSIC PORTAL shall only distribute songs uploaded by CONTENT PROVIDERS in the PURPLEJAMM PORTAL as well as publish them in medias described herein in this agreement for promotion and advertising purposes.  PURPLEJAMM does not and will not claim ownership over the aforementioned musical works.  As such, PURPLEJAMM shall not do an adaptation inclusive of but not limited to re-arrangements and re-recordings of any and all musical works submitted to it unless subject to another separate agreement with the owner of the musical work.

    1. ONLINE MUSIC BUYER is every registered and logged-in CUSTOMER in PURPLEJAMM.  ONLINE MUSIC BUYER can be interchangeably referred to in this contract as USER, BUYER, CLIENT or CUSTOMER;

  1. “HUMANITARIAN WORKS” or “CAUSE” or WORTHY CAUSES” are humanitarian works that the CHARITY are currently helping inclusive of but not limited to the following examples:  humanitarian works to help street children, projects that help victims of calamities, etc.

  1. “ORIGINAL MUSICAL COMPOSITIONS” are songs and/or musical pieces which are dedicated to help CHARITIES by allocating a portion of the sales to help fund projects of selected CHARITIES.

  1. NOTIFICATIONS are any notices sent through email, text and/or any form of communications sent to any of the PARTIES to this agreement;

  1. “REGISTRATION” refers to the providing essential information to PURPLEJAMM to complete the registration process allowing the CHARITABLE INSTITUTION its own dashboard to monitor shares and proceeds of sold songs within the PORTAL.

  1. PARTY refers to the PURPLEJAMM and/or the CHARITY individually and PARTIES refer to both PURPLEJAMM and the CHARITY collectively;

  1. “DUTIES AND RESPOSIBILITIES" are the primary reciprocal duties of a contract, the performance of which the contracting party may rely on because they render the proper implementation of the contract possible in the first place. 

    1. PURPLEJAMM ACCOUNT - the CHARITABLE INSTITUTION hereby exercises its right as the sole individual or group or entity authorized to represent the CHARITABLE INSTITUTION in PURPLEJAMM by REGISTERING and securing a PURPLEJAMM ACCOUNT;

    1. PURPLEJAMM is OWNED and OPERATED by:

PURPLEJAMM
Tahoe City, Lake Tahoe, CA USA
Tel: +415 290 9112
e-mail: info@purplejamm.com 

    1. HUMANAGE FOUNDATION, INC. (referred to hereinafter in this agreement as HUMANAGE) is a foundation and/or a non-profit organization established by MANPOWER PHILIPPINES to act as the primary non-profit partner of PURPLEJAMM responsible for such acts inclusive of but not limited to the following:

    1. Be the primary RECIPIENT and BENEFICIARY of all the songs in PURPLEJAMM as described in the contract between PURPLEJAMM and HUMANAGE;

    1. Interview, qualify and accredit credible and reputable non-profit organizations who wants to generate funds through the sale of dedicated PURPLEJAMM musical contents;

    1. Dedicate songs to accredited foundations and/or non-profit organizations and allocate percentage proceeds for the aforementioned accredited foundations;

    1. Collaborate and manage non-profit organizations in as far as purplejamm programs is concerned particularly in the governance and distribution of funds to the aforementioned non-profit organizations, the  organization of relevant humanitarian works and events, the organization and collation of contents related to cause marketing activities, etc. 

    1. Be responsible for “cause marketing” activities; 

    1. Issue donation checks to accredited non-profit organizations based on the allocated percentages of sold songs dedicated to the same non-profit organizations;

  1. ONLINE MUSIC BUYER.  The ONLINE MUSIC BUYER hereby agrees to undertake the following:

    1. The ONLINE MUSIC BUYER shall submit to PURPLEJAMM the following for the review of PURPLEJAMM:

    1. Name
    2. Address
    3. Governmental Registration as a non-profit organization
    4. A summary of it humanitarian works and projects
    1. Other details and information as may be required by PURPLEJAMM during registration;

    1. The ONLINE MUSIC BUYER understands and agrees that the effectivity of the contract shall be upon the REGISTRATION of the user as an ONLINE MUSIC BUYER and the approval of PURPLEJAMM of the same.  Upon the registration, the ONLINE MUSIC BUYER irrevocably accepts all the terms and conditions outlined herein;

    1. The ONLINE MUSIC BUYER hereby certifies that it is represented by a person who is at least 18 years of age upon registration;

    1. The ONLINE MUSIC BUYER hereby agrees to enter correct details and information at all times. The ONLINE MUSIC BUYER shall not provide any incorrect, inexact, incomplete or misleading details or any details which he is not authorized to use.  PURPLEJAMM reserves the right to terminate this contract and to blacklist any and all ONLINE MUSIC BUYERS that uses misleading information;

    1. The ONLINE MUSIC BUYER understands that all registration by ONLINE MUSIC BUYERS in PURPLEJAMM is free of charge. Upon registration, the ONLINE MUSIC BUYER must provide all required relevant information, if applicable: any middle names, his surname, his requested login name and his e-mail address and confirm this by clicking on the "SAVE" button. After this, the User sends a verification e-mail to the e-mail address. This verification e-mail requests the Participant to confirm the details stated. The account of the Participant is activated only once these details are confirmed by clicking on the activation link. 

  1. The ONLINE MUSIC BUYER agrees that in the event that the details that theONLINE MUSIC BUYER provided in the REGISTRATION process change, the ONLINE MUSIC BUYER must inform PURPLEJAMM without delay and immediately provide new details by providing the same in his/her PURPLEJAMM account.

  1. The ONLINE MUSIC BUYER understands that all information provided by the ONLINE MUSIC BUYER shall be treated solely in confidence and shall not be disclosed to any third party individuals and groups that are not relevant to the transaction between PARTIES.

    1. The ONLINE MUSIC BUYER hereby understand and agrees that at least 50% of all sales of any and all songs in the PURPLEJAMM website shall benefit indigents and marginalized groups.  The ONLINE MUSIC BUYER further understands and agrees that charges equivalent to 6% of the SRP of the songs shall be deducted from all shares on a pro-rated basis because of bank charges, facilitation fees, etc.  Therefore, a net allocation of 47% shall be distributed to selected ONLINE MUSIC BUYER;

    1. Upon completion of registration of the ONLINE MUSIC BUYER in www.purplejamm.com and the related irrevocable acceptance of these Terms and Conditions, the ONLINE MUSIC BUYER shall receive its PURPLEJAMM ACCOUNT; 

    1. The ONLINE MUSIC BUYER, individually and collectively, agree not to do anything defamatory, immoral, illicit, or controversial or anything calculated to bring PURPLEJAMM, its officers, its partners, subsidiaries, affiliates, projects into disrepute.

    1. The ONLINE MUSIC BUYER hereby agree to release, waive, hold harmless, and keep “PURPLEJAMM” fully indemnified, at all times, in respect of all actions, proceedings, claims, demands and expenses whatsoever that may be made or brought against, suffered or incurred by the ONLINE MUSIC BUYER by reason of his/her breach or non-performance of the terms and conditions of this Agreement;

    1. The ONLINE MUSIC BUYER downloading a music file hereby agrees to the following:

    1. The ONLINE MUSIC BUYER is hereby allowed to play the purchased music file on a personal computer;
    2. The ONLINE MUSIC BUYER is hereby allowed to burn 5 CD copies;
    3. The ONLINE MUSIC BUYER is hereby allowed to store 5 copies of the music file on portable music players;
    4. The ONLINE MUSIC BUYER hereby agrees that the purchased and downloaded music file is not permitted to be sold, loaned, or otherwise transferred to a third party.

    1. The ONLINE MUSIC BUYER hereby agree that all rights to the purchased music files belong exclusively to PURPLEJAMM or the CONTENT PROVIDER who uploaded the musical works in the PORTAL. No rights are obtained by the ONLINE MUSIC BUYER on the PORTAL or website materials, including the music files, apart from the right to use as described herein in this agreement.

    1. The ONLINE MUSIC BUYER agrees and understands that in order to download music files to its Personal Computer.  The ONLINE MUSIC BUYER hereby agrees that the file format that PURPLEJAMM uses is universal and can be played in all media players installed in most personal computers.  In the absence of a music player, the ONLINE MUSIC BUYER  hereby agrees that it can download any compatible music player from the internet.  The personal computer of the ONLINE MUSIC BUYER must meet the following technical requirements:

    1. Sound card
    2. Speaker or headphones connected to your PC
    3. Windows 98, ME, 2000, XP, Vista, 7, Mac OSX
    4. Internet Explorer version 6.0 (or higher) or Firefox min. version 1.0
    5. Windows Media Player version 9 or higher. 

    1. PURPLEJAMM accepts no responsibility for ensuring that the website can be accessed from individual personal computers.

    1. The music purchased from PURPLEJAMM is copyright protected and use is limited to the conditions described herein. Musical works, songs and pieces of music purchased from PURPLEJAMM is for personal use only, and music files cannot be traded, lent, borrowed, sold, copied, duplicated, distributed or otherwise transferred to people outside your household. Commercial usage, rental, sale or public performance of the music file is not permitted without the prior agreement with the authors and the owners of the music files;

    1. The ONLINE MUSIC BUYER hereby agree that purchased musical works is permitted to be transferred to a portable music player belonging to you or those who live in your household, may be played at small private gatherings and/or copied to a CD played for this purpose. The copy must under no circumstances be used in public performances. PURPLEJAMM does not permit the use of automatic systems or programmes to either select or download music from our PORTAL.  Breach of these conditions or copyright law may lead to liability for damages and possible criminal liability.

    1. The ONLINE MUSIC BUYER hereby agrees that the purchase on any song in this PORTAL does not constitute the donation of the same to the foundations or non-profit organizations supported by the songs purchased.  The ONLINE MUSIC BUYER understands and agrees that it is buying the MUSICAL WORKS or SONGS at their full price.  Donations to any and all non-profit organizations shall be made by PURPLEJAMM through HUMANAGE FOUNDATION INC.  The BUYER can, however be assured that the 50% of the proceeds shall be remitted by PURPLEJAMM to HUMANAGE.  Any and all tax benefits associated with the transaction will not benefit any ONLINE BUYER.  Donations are made by PURPLEJAMM to its beneficiaries.

  1. ONLINE MUSIC BUYER ACCOUNT. 

    1. The ONLINE MUSIC BUYER ACCOUNT runs for an indefinite period.

    1. The ONLINE MUSIC BUYER can cancel his ACCOUNT at any time without observing a notice period and without giving a reason. The notice of termination must be submitted in writing or by e-mail and becomes effective upon receipt.

    1. PURPLEJAMM can terminate the ONLINE MUSIC BUYER after a seven day notice based on a reasonable cause.  The notice of termination must be submitted in writing or by e-mail and becomes effective upon receipt.

    1. The ONLINE MUSIC BUYER hereby agrees that, as the registered and logged-in ACCOUNT HOLDER authorized to use the PORTAL, the ONLINE MUSIC BUYER hereby guarantees that third parties shall not use the account of the ONLINE MUSIC BUYER. The ONLINE MUSIC BUYER may transfer its PURPLEJAMM ACCOUNT and the related rights and duties after obtaining the prior approval from PURPLEJAMM.

    1. The ONLINE MUSIC BUYER hereby agrees not to disclose its password to third parties so they can use his/her PURPLEJAMM ACCOUNT. The ONLINE MUSIC BUYER must keep his password in such a manner that it is protected from access by third parties.

    1. PURPLEJAMM reserves the right to block the access of the ONLINE MUSIC BUYER to the PURPLEJAMM PORTAL after any form of breach of this agreement has been done by the ONLINE MUSIC BUYER. In such an eventuality, the ONLINE MUSIC BUYER shall be notified of the blocked access. 

  1. The ONLINE MUSIC BUYER hereby agrees to indemnify PURPLEJAMM from any liabilities, legal or otherwise, for any and all potential liabilities for failing to perform its contractual duties as a result of circumstances that are beyond its control. This includes, for example, breakdowns of electronic or mechanical systems or communication lines, problems with telephones or other communications, computer viruses, "hacker attacks", unauthorized access, theft, earthquake, lightning, flooding, exceptionally heavy storms, fire and explosions, civil riots, wars, military operations, national or regional disasters, measures taken by the government or any other authorities authorized to do so, labor conflicts of any and all kinds or information lost due to faulty functions or breakdowns of electronic systems. Should such events or similar ones last for longer than three months, PURPLEJAMM is entitled to terminate this contract by sending a notification to the ONLINE MUSIC BUYER in due time to this effect.

  1. The presence of a SONGS and MUSICAL WORKS on the PURPLEJAMM website does not indicate that PURPLEJAMM is a CONTENT PROVIDER.  The content, details and information by PARTICIPATING CONTENT PROVIDERS are solely the responsibility of the PARTICIPATING CONTENT PROVIDERS. PURPLEJAMM does not accept any responsibility for any and all PARTICIPATING CONTENT PROVIDERS in the PURPLEJAMM WEBSITE.

  1. The presence of CHARITABLE INSTITUTIONS on the PURPLEJAMM website does not indicate that PURPLEJAMM is a CHARITABLE INSTITUTION.  The content, details and information by PARTICIPATING CHARITABLE INSTITUTIONS are solely the responsibility of the PARTICIPATING CHARITABLE INSTITUTIONS. PURPLEJAMM does not accept any responsibility for any and all PARTICIPATING CHARITABLE INSTITUTIONS in the PURPLEJAMM WEBSITE.

  1. PURPLEJAMM reserves the right, at its discretion, to modify or remove portions of our TERMS AND CONDITIONS at any time and such modification shall be effective immediately upon web posting of the modified TERMS AND CONDITIONS. Your continued use of the site shall be deemed to be your conclusive acceptance of the modified TERMS AND CONDITIONS.

  1. SPECIFIC PROVISIONS. Neither Party will communicate any information to the any THIRD PARTY Party in violation of the proprietary rights of any PARTY to this agreement.

  1. The applicable laws under this agreement shall be the laws of the United States of America as well as Private International Laws.  There terms of agreement supersedes any and all contracts signed or verbally discussed between the PARTIES.