INTRODUCTION AND GENERAL INFORMATION
Welcome to the BAM Music USA Library (www.bammusic.com), property of BAM Production Inc (“BAM”) - incorporated company registered at 96A, av Laurier O, Montréal QC H2T 2N4-- or simply, our “website”. The purpose of this website is for the use, download and distribution of the BAM Music catalog and third party partner catalogs, with all recordings presented online via BAM, under a licence issued by BAM or an or an appropriated performing rights organization (“PRO”) such as, but not limited to SACEM, SOCAN, PRS, ASCAP, and BMI. The content of the BAM Music Library, worldwide, is hereby the property of BAM or may be utilized upon authorization from the BAM team as its agent or sup-publisher.
The website’s features, offerings, and content are subject to change and evolve as we update them on a continual basis. This includes the catalogs of tracks that are made available for download. We make no guarantee regarding availability of any specific tracks on the website, and have the right to discontinue any individual service or feature at our discretion.
We guarantee neither complete and total accuracy of content, nor that the website features and offerings are comprehensive of all user’s needs, although we try! In addition, the website may contain errors. The BAM team is committed to correcting these errors and inaccuracies wherever they may exist, to build out user content as determined relevant, and to modify the website as needed. We therefore reserve the right to change or update features, offerings and content at any time without prior notice, hopefully but not necessarily without disruption to the website. We appreciate users’ patience as we continually improve and enhance our web space!
USE OF THE WEBSITE
By accepting these conditions, the user agrees to adhere to the user conduct outlined by BAM. You represent and warrant that:
- You are at least 18 years old, or have the express consent to create an account from a legal guardian who is hereby responsible for any legally binding contract;
- You will not share your username and password with another individual, for their use of our website as outlined in Proprietary Rights;
- While using BAM, you will not upload, post, or publish through the website any materials which are (i) are protected by third party copyright, or other proprietary or intellectual property right unless authorized by us; (ii) are unlawful, threatening, harassing, invasive of another's privacy or publicity rights, obscene, violent, or that contain explicit or graphic descriptions or accounts of sexual acts; (iii) restrict or inhibit any other user from using and enjoying the website; (iv) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (v) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
- You will not engage in the following conduct: (i) reverse engineering, decompiling or disassembling the content, or otherwise attempting to obtain its source code; (ii) spamming, spoofing, or flooding, harvesting of email addresses or other personal information or any other activity with the purpose of obtaining lists of users or other information; or (iii) impersonating anyone, or misrepresenting who you are, or your affiliation with any other person or entity.
Additionally, we have your implicit agreement to the following when using the BAM website:
- While BAM uses safeguards, you acknowledge that no data transmitted over the Internet is guaranteed to be 100% secure. You understand and agree that all information you submit to or post to the website is done so at your own risk.
- You are granted a non-exclusive right to use our website in order to research, review, organize, share, download and license our music with authorization. Users may not download, distribute, modify, copy, or reuse said content, whether in whole or in part, for commercial purposes, personal gain, or otherwise, without our express authorization.
- By sending your own third-party content, comments, feedback or other material to BAM, you acknowledge that this information is not deemed confidential or proprietary, and you are also warranting that any content you submit is original, or you have the rights to submit.
- By registering for a user account with BAM, you consent to receive legal and marketing communications from BAM. While you may opt-out of marketing communications, by virtue of your status as a user of our system, you will be required to receive all legal and system update or change notices for the duration of your active user account. We need all users to remain informed about how to interact with and use our website appropriately.
- Your BAM access may be terminated at any time if you engage in any conduct or activities that we believe violate our Terms and Conditions as outlined here.
BAM, along with any respective partners, licensors, agents or third parties, is the owner or authorized user of any musical content, visual graphics and images, text, materials, features and services, URL, trademark logos and names, or service mark appearing on the website, and any content or data utilized through the website. BAM is the copyright owner and/or licensee of the materials used both on the website or in association with BAM, in any capacity. Your use of BAM’s website does not grant you ownership to any of the aforementioned content or materials accessed by users. Additionally:
- Commercial uses of the site and content or are strictly prohibited, unless authorized by BAM. If we expressly authorize it, you may obtain rights to use certain content on the website, such as music and metadata, but this is limited to the Terms specified, or otherwise authorized. As stated in Use of Website, you are granted a non-exclusive right to use our website in order to research, review, organize, share, download and license our music with authorization. You may not download, distribute, modify, copy, or reuse said content, whether in whole or in part, for commercial purposes, personal gain, or otherwise, without our express authorization. If done so without authorization, you may violate copyright and other laws, and acknowledge your liability for any damages incurred.
- You agree and acknowledge that BAM and/or various third parties own the copyright in the tracks included in our catalogs (including the sound recording and the underlying work). Owners of the tracks and any associated artwork or metadata are intended third-party beneficiaries under these Terms.
- ‘BAM’ and any ‘BAM’ logos shown on the website are a trademark of BAM, and may not be copied, downloaded, or otherwise exploited.
In no event shall BAM be held responsible for any damages suffered by the user in relation to use of the website. Specifically:
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your use of the website.
- We are not liable to you for any indirect, incidental, consequential or punitive damages resulting from your use of the BAM website, content, materials, or functions, including but not limited to loss of revenue, anticipated profits, sales or data usage.
- We are not liable to you for any lack of performance, or the unavailability or failure of the website.
- We are not responsible for any loss or damage unforeseeable at the time when you begin using the website.
- We assume no responsibility for the content of websites linked to our website, and these should not be interpreted to be endorsed by BAM.
- Invalidation of any clause within these Terms does not constitute a failure of validity of any of the other clauses included within the Terms.
- Any exception to the terms expressed by BAM does not constitute a waiver regarding any other term, and does not precedent allowing a user to bypass any engagement hereby contained.
- BAM shall remain indemnified against all claims, costs, damages, expenses (including legal fees) incurred by BAM which arise out of a user’s breach of Terms.
You agree, as a user, that the applicable jurisdiction and laws governing BAM’s Terms are those of the Province of Quebec, under the Canadian Federal Government. However, please note that your use of the website is subject to international laws, particularly those of Montreal, Canada; Paris, France; and London, United Kingdom. This agreement is placed under the exclusive authority of the Paris courts of Justice. The United States branch of BAM is controlled and operated from Los Angeles, California in the United States of America, and we do not represent that the content or materials on the website are appropriate or available for use in all other locations, nor reversely from our additional BAM locations worldwide. Users who access various versions of our website applicable to different locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, to the extent local laws are applicable.
Your consent applies to the following domains: www.bammusic.com, www.bammusiclibrary.co.uk, www.bamlibrary.com, and www.bamlibrary.ca. Your use of any of these websites signifies that you agree to our Terms & Conditions. We reserve the right to change or modify portions of our policies at any time, and revisions are effective immediately. The user hereby acknowledges and accepts this when using the website, and should refer back to these Terms frequently if concerned about continued updates.