Use License Agreement

Last Updated August 23, 2022

The following Use License Agreement (“License”) outlines the rules and regulations for your use of the Social Jazz social media content and Social Jazz images (collectively “Service”) provided to you by Social Jazz, Inc. (“SJI”), a Delaware corporation. By accessing the Service you accept this License in full. Do not continue to use the Service if you do not accept all of the terms stated on this page.

SJI reserves the right to revise this License from time to time and at any time without notice to you, by posting on our website or Service. Your continued use of the Service will mean you accept any amendments and agree to comply with the updated License.

Definitions

The following terminology applies to this License, the SJI Terms & Conditions, the SJI Privacy Policy and SJI Acceptable Use Policy. Any use of defined terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

“Customer”, “You” and “Your” refers to you, the person accessing and using the Service for commercial use of their business.

“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Social Jazz, Inc..

“Party”, “Parties”, or “Us”, refers to both the Customer and SJI, or either the Customer or SJI.

“Service” means the software-as-a-service (Saas) offering(s) subscribed to by Customer.

“Customership” refers to a Customer’s active SocialJazz Account.

“Authorized Payment Method” refers to any valid payment method that you authorize.

“Third-Party Service Provider”, “Third-Party Service”, or “Third-Party Pages” refers to any individual, entity, website, or service that is not directly controlled or owned by SJI.

“Fees” refers to the amount paid during the Subscription Period for all Types of Fees as defined in SJI Terms & Conditions.

“Subscription Period” refers to the time during which a Customer’s recurring plan for the Service is in effect.

“Company Content”, or “Company Contents” refers to content provided by Service, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from SJI’s licensors, and any other materials posted, published, displayed or distributed by SJI through the Service.

“Customer Content” refers to all information and other content that a Customer posts, publishes, displays and distributes through use of the Service, as well as for all communications that Customer may have through the Service including fonts, images, templates, information, content, or other material provided.

“Licensed Content” means content (including, but not limited to, stock media such as photos, templates, images, video, and audio) made available on the Service and that is subject to license terms.

“Licensed User” means an individual who is authorized by Customer to use the Service.

“Contributor” means…

Use License Terms

Subject to the terms and conditions hereof, we hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use Company Content for a Permitted Use (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Company Content, including, without limitation, all copyright and other Intellectual Property Rights relating to the Company Content, are retained by SJI and/or its Contributors as the case may be.

Permitted Uses

You may use Company Content:

  • to post to any social media account that is operated by, and for, your business.
  • to download for the purpose of archiving or backup.
  • online or in electronic publications, including web pages, blogs, ebooks and videos.
  • for any other uses approved in writing by SJI.

Derivative Works

“Derivative Works” shall mean any work Member creates that is based on, derived from, or incorporates the Company Content. For the purposes of this License, Derivative Works are subject to the same Permitted Uses and Prohibited Uses as outlined in this License.

Prohibited Uses

You may not:

  • sub-license, auction, re-sell, share, rent, lend, assign, gift or otherwise transfer or distribute the Company Content or the rights granted under this License.
  • use any of the Company Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
  • use Company Content for any commercial, promotional, endorsement, advertising or merchandising use.
  • remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Company Content.
  • incorporate the Company Content in any product that results in a re-distribution or re-use of the Company Content.
  • Use Company Content that in any way infringes on, or breaches, the Social Jazz the Acceptable Use Policy you have agreed to as part of the Service.

Warranties and Limitation of Liability

SJI OFFERS THE COMPANY CONTENT AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE COMPANY CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.

TO THE EXTENT POSSIBLE, IN NO EVENT WILL SJI BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS LICENSE OR USE OF THE COMPANY CONTENT, EVEN IF SJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.

Termination

This License survives the SJI Terms & Conditions, the SJI Privacy Policy and SJI Acceptable Use Policy and remains in force after termination of Service. Any breach of this License immediately terminates the Service for Customer and all Licensed Users.

If you have questions please contact us by email at support@SocialJazz.com or by mail using the details provided below:

Social Jazz, Inc.
4050 West Ridge Road
1st Floor
Rochester, NY, 14626
United States