Music & Audio Policies
1. These supplemental “User Generated Contributions” terms (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HeyJinni (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://heyjinni.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). These Terms govern your use of Music and Audio as HeyJinni Product on the Site. These Terms are to be read in conjunction with all HeyJinni terms and policies or operating rules or guidelines posted by us on the Site. You are responsible for ensuring that your content complies with all applicable laws, statutes and regulations. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Term and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of HeyJinni Products. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. We reserve the right to change, modify, or remove the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify, change price, suspend, or discontinue the Site and/or all or part of the HeyJinni Products, which includes the product or products mentioned in these Terms without notice at any time and without liability to you or any third party. We also cannot guarantee the Site and all or part of the HeyJinni Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the HeyJinni Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or any or all HeyJinni Products during any downtime or discontinuance of the Site or HeyJinni Products . Nothing in these Terms will be construed to obligate us to maintain and support the Site or the HeyJinni Products or to supply any corrections, updates, or releases in connection therewith.
You are responsible for the content you post
2. People use our HeyJinni to share content with their fans, family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that is featured in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music or audio content on any part of HeyJinni. Unless otherwise stated, use of music or audio for commercial or non-personal purposes in particular is prohibited unless you have or have obtained appropriate licenses.
Flame content for commercial and non-personal purposes
3. Users on our Site who have a Flame account profile are allowed to upload Music and audio content for commercial or non-personal purposes.
4. If you have a Flame account profile which you are using for commercial purposes, you can use our native in-music audio ads product in your Music ads. This in-music audio ads technology and code are provided by HeyJinni for our users.
Unauthorized content may be removed
5. If you post digital content that contains music or audio owned by someone else, your content may be reviewed by the applicable rights owner and your content may be blocked, muted or removed if your use of that music is not properly authorized.
Undeclared Age specific content may be removed
6. The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, that is anyone under 18 but 16 years of age or above, you must have your parent or guardian read and agree to all our Terms prior to you using the Site.
7. Users who have a Flame account page must declare if the upload or imported content can be listened to by minors (anyone between 16 and 18 years of age) using the available age specific functionalities. Failure to do so will result in your Flame account being deactivated or deleted without prior notice.
8. Users who upload Music or audio content must make sure their content is suitable for anyone aged 16 or over. If your content is deemed not to be suitable for anyone aged 16 years of age or over, your content may be removed, where a parent or guardian raises an objection, or where it is deemed to be in violation of the laws and/or HeyJinni policies.
9. Any Music or audio content posted to and/or under your HeyJinni global profile that is deemed not to be suitable for anyone aged between 16 and 18, may be removed, where a parent or guardian raises an objection, or where it is deemed to be in violation of the laws and/or HeyJinni policies.
General Music Contributions
10. When you create or make available any Contributions, Music or otherwise, whether for commercial or non-personal purposes, you thereby represent and warrant that:
– The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
– You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site.
– You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site.
– Your Contributions are not false, inaccurate, or misleading.
– Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
– Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
– Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
– Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
– Your Contributions do not violate any applicable law, regulation, or rule.
– Your Contributions do not violate the privacy or publicity rights of any third party.
– Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
– Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
– Your Contributions do not otherwise violate, or link to material that violates, any provision of any HeyJinni policy, or any applicable law or regulation.
Last updated 23/03/2023