INTRODUCTION AND GENERAL INFORMATION

Welcome to BAM Music (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 conditions of use for anyone wanting to access our website are outlined here in the Terms & Conditions, Privacy Policy, and Cookie Policy (together as the “Terms of Use”, or “Terms”). Please be prepared to agree to these if you want access as all users’ utilization of the website is subject to compliance with these Terms of Use. BAM therefore reserves the right to immediately suspend or terminate use of the website should the Terms be breached, and we may disable access accordingly, at our discretion, and without notice.

GUARANTEE

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:

You may be asked to provide certain information to BAM, and our use of this information is governed by the Privacy Policy found within these Terms of Use. You accept responsibility for the accuracy and content of the user information provided.

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.

PROPRIETARY RIGHTS

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.

LIABILITY

In no event shall BAM be held responsible for any damages suffered by the user in relation to use of the website. Specifically:

Nothing in these Terms of Use limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

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.

JURISDICTION

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.

Any inquiries concerning the Terms & Conditions or Terms of Use should be directed to legal@bam.mu.

PRIVACY POLICY

INFORMATION

We respect the privacy of all visitors and users of our website and we are committed to ensuring a safe online experience. This Privacy Policy explains our approach to any personal information collected from or supplied by you in connection with your use of the website (not applicable to your voluntary communications with any third parties) and sets out your rights regarding our processing of that information. The data we collect from you is mainly provided by yourself when you subscribe for our service, but some data is also collected in connection with your use of the service. You can contact us at any time to request that we update or delete your data. Within your user account settings, you also have access to make changes to data yourself.

This privacy notice is also intended to assist you in making informed decisions when using our website, and should be read and understood in conjunction with our Terms & Conditions and Cookie Policy. By visiting our website, you are consenting to our practices, which may be updated and amended at any time. If you do not agree with this Privacy Policy or anything else outlined in the Terms of Use, please do not use our website.

DATA COLLECTION AND PROCESSING

The data requested and collected from users of the BAM website consists primarily of the following categories:

Registration data - personal data requested and submitted by you in order to become a BAM user and sign up for services. This may include: (i) contact details such as name, email address, and telephone; (ii) business information such as type and address; and (iii) user account preferences.

Correspondence data - personal data that you choose to provide BAM via correspondence with us, which may include but is not limited to: (i) email message content; (ii) information submitted through forms or surveys on our website; or (iii) support requests and conversation content.

Service usage data - data collected with regards to your use of our website features and services. This may include: (i) subscription or purchase information; (ii) use of and interaction with our track player, such as tracks downloaded, albums streamed, and other activity; (iii) search request queries and playlist creation; (iv) technical data such as type of browser and device used to access our website; and (v) data received from third parties.

Payment data - personal data collected based on payment type. This data will vary depending on payment, but may include information such as your name, date of birth, credit or debit card type, expiration date, and other credit card information, your address and phone number, and details of your transaction history. We may also collect payment data if you sign up for a subscription (including free trials) or make other purchases with us (such as purchasing licenses to individual tracks).

Please note that data is automatically collected about your home server’s domain and your device’s IP address when you visit the website. Our server may also record the referring page that linked you to us (search engine, etc.). We use this information only for internal review and analysis, and this information is not personally identifiable.

Additional ways that the collected information may be used include: providing you with BAM content, products, and service updates, to notify you about changes to the website, to respond to requests for information, manage website access, and provide customer assistance. Occasionally we may use your contact information to send you special offers or customized content, but these require opt-in preferences which you change at any time. Your use of our website signifies consent to processing any information, personal or otherwise, collected for these purposes.

All BAM websites use cookies (small text files sent from our server and saved by your browser to your computer’s hard drive) in order to generate analytics about our users and how the website is being used so that we can better optimize our service. See our Cookie Policy for more information.

SECURITY

BAM utilizes current industry standard technology and security procedures to maintain the confidentiality and accuracy of any user information, and to prevent against its loss or misuse. Our user data is stored on heavily protected cloud based servers which are only accessible from specific locations and IP addresses. Additionally, user passwords are encrypted and hashed, and never stored in plain text. While we cannot guarantee the absolute security of data transmission over the Internet, BAM takes every measure to maintain user data integrity. However, our website may contain links to other sites, which provide their own Terms of Use and Privacy Policies, outside of our own. We are not responsible for any data or information collected, or the practices of these websites. In using our site, you understand and agree that all information you submit to BAM or any of the sites which may be linked to BAM is at your own risk.

Personal user data will not be disclosed by BAM to any other party outside of the above terms, unless in the event of the following: (i) a legal proceeding resulting from a violation of the agreement formed by the Terms of Use; (ii) data transmission between regional branches of BAM; (iii) data transfer in the event of the liquidation, buyout, or merger of BAM.

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 Privacy Policy. 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.

Any inquiries concerning this Privacy Policy or Terms of Use should be directed to legal@bam.mu.

COOKIE POLICY

WHAT ARE COOKIES?

Cookies (and related files such as pixels, web beacons, and clear GIFs) are small text files containing information that is downloaded to your device when you visit a website. The cookies are then sent back to the originating web domain on your subsequent visits to that domain. They are useful in that they allow a website to recognise a user’s device, remembering preferences and settings between visits, and also allow you to navigate between pages more efficiently. They allow us to get to know you as a user, and improve our service to you. Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed.

BAM USER CONTENT

Our website uses cookies in order to obtain data which guides the BAM team on user needs and website usage, enabling us to provide a better service for you. By using this website and music library you consent to the use of cookies in accordance with this policy for cookies. You may have seen a pop up banner on your browser the first time you visit the website; it should not usually appear on subsequent visits. You have the choice as a client to allow all cookies, certain cookies only, or opt out of cookies altogether, and you may withdraw your consent at any time by sending us a message. Please also refer to your browser or device settings in order to specify or make future changes to your preferences.

BAM uses Google Analytics, a Google Inc. web analytics service, to store user data, and analyze how the website is being utilized. The information generated via Google Analytics will be transferred and stored on Google servers in the USA, from which the company can then analyze your use of the website and create informational reports. We may also use your IP address and browser type to help diagnose problems with our server, to administer our website and to improve the service we offer to you. Your IP address might also be used to gather broad demographic information, such as common domains used to discover our website, etc. but will remain unassociated with you as a user. Google may also transfer the data to third parties if required by law, or in the event such third parties are processing information on Google’s behalf. However, please note that this cookie policy does not apply to, nor are we responsible for, the privacy practices of any third party websites which may be linked to this website.

We may update this cookie policy and we would encourage you to review the policy from time to time to stay informed of how we are using cookies. By using our website, you are consent to the current cookie policy and procedure outlined here and for the purposes described here. Use this link to disable Google Analytics.

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 Cookie Policy. 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.

Any inquiries concerning this Cookie Policy or Terms of Use should be directed to legal@bam.mu.