Article 1 - Scope
The website www.jukup.com (hereinafter also the “Website”) is managed and owned by Maxence Lacroix, Quentin Malgaud & Pierre-Yves Orban (co-founders with 33,33% equity each; hereinafter “JUKUP”). The present Terms and Conditions Use are applicable to the use of the Website including any related mobile websites and subdomains, JUKUP’s (website and mobile) applications, JUKUP’s social and interactive features, software, Internet services entirely or partially under JUKUP’s control and/or all products and services related thereto (hereinafter referred to jointly as the “Services”).
In case of questions, complaints and/or remarks with regard to JUKUP’s Services, you can always turn to JUKUP by calling the number: +32498274199, or via email: firstname.lastname@example.org.
JUKUP reserves the right to modify these Terms and Conditions of Use at all times, without any prior warning in order to comply with the (changing) legal obligations and/or to improve our service towards you. We therefore advise you to consult the Website on a regular basis.
Article 2 – Log in, account and eligibility
If you have not reached the age of 18 years a parent or competent guardian’s will need to provide his or her consent with your use of the Services. JUKUP reserves the right to request this consent at all times.
You are solely and exclusively responsible for maintaining the password used for your JUKUP account confidential and for any and all activities that occur with your JUKUP account.
JUKUP’s Services are currently free of charge. JUKUP reserves the right to change the free character of its Services at all time. Users will be informed about this potential change and given the opportunity to continue the use of the Services or not.
JUKUP’s services allow you to manage collaborative playlists. The administrator of a playlist is the person who creates it. Other people can then join its playlist to add tracks to it and vote for the tracks of the playlist.
Article 3 - Intellectual property
All components of the Services (including but not limited to the used software, source codes, layout, text, logos, photographs, drawings, images, sound, databases, names, trademarks and domain names) are works protected by copyright and/or other intellectual property rights including trade marks.
All relevant property rights, including intellectual property rights (copyright, trademarks, database rights, design rights, etc.) belong to JUKUP or are included within the Services with the authorization of the owner of the relevant rights.
No component of the Services, nor the data and information provided on the Website may be stored (other than required in order to visit the Website or to use the Service), or reproduced, modified, translated, rendered public, distributed, rented out, sold, transferred to others or in any way used without the prior written authorization of JUKUP.
Article 4 - License and assignment
Jukup grants its users a limited, non-exclusive, non-transferable and revocable license to make personal and non-commercial use of the Services. The license is exclusive to the User who log in for the Services and shall in no event create any third party beneficiaries.
As such there is no transfer or sale of any software, application, source or object code to you. Jukup shall at all times retain ownership of all copies of the Jukup software applications even after installation on your mobile phones, computers, tablets or other devices. Jukup may assign the rights, or any part of them, obtained through the present Terms and Conditions of Use without restrictions.
You may not assign, transfer or (sub-)license any rights, or any part of them, obtained through the present Terms and Conditions of Use to any third party.
The license mentioned in the present article does not include any rights to use Jukup’s intellectual property as described in article 3 here above, whether for commercial or non-commercial use.
Article 5 - User generated content
Upon making use of the Services, it will be possible for the Users to post, upload and/or contribute content to the Service, including pictures, text and playlist compilations (hereafter also “Content”).
In providing Content onto the Services, the Users warrant that the data delivered by them are correct and complete. Communicating false, incorrect, incomplete or confusing data entitles JUKUP to immediately exclude these Users from posting any other Content on/via the Services. This warranty includes the correctness of the information provided during the log in process. Providing JUKUP with misleading, incorrect, incomplete information or Content allows JUKUP to exclude any User of using the Services.
The Users are solely and exclusively responsible for all the Content they upload onto the Services. The Users are solely responsible to respect all possible rights, including but not limited to copyrights, trademarks, regarding the Content that they communicate onto the Services. Consequently, the Users will be responsible for any claim of third parties for (alleged) violations of their rights. The Users will fully indemnify JUKUP for all claims from third parties in respect of such (alleged) violations of their rights due to the Content (text, image, sound, etc.) being placed by a User onto the Services.
The User hereby gives its explicit consent to JUKUP to use, reproduce, make available to the public, publish, translate, adapt, license, modify, create derivative works from, derive revenue or other remuneration from and distribute any Content (in whole or in part) provided by the former under any form of exploitation, without any limitation whatsoever, without JUKUP having to ask for an authorization from the User and without JUKUP being able to be held liable for the legality and legitimacy of the Content provided by the User. This consent is provided to JUKUP on a royalty-free, perpetual, transferable, sub-licensable and worldwide basis.
JUKUP retains the right to exclude any User from logging into the Services, from using the Website and from any form of posting of Content on simple request of third parties or its own without having to provide any justification. This especially applies to inappropriate and commercially oriented Content. Inappropriate Content is considered to be, amongst other yet not limited to, messages, comments, data, posts etc. :
- which are offensive, abusive, defamatory, racist, hateful, extremist, obscene, insulting or pornographic;
- which are illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of JUKUP or a third party;
- which serve a commercial purpose such as soliciting for third party personal data, the transmission of unsolicited mailings (spam, junk mail, chain mails etc.), promotional material, sweepstakes, contests, advertising, promotional material;
- which could in any way be considered as a form of hacking or attempted hacking of the Website. Including, but not limited to, activities that could interfere or tamper with JUKUP’s Services or could attempt to probe, scan, or test for vulnerabilities in JUKUP’s Services or network, or that could breache any of JUKUP’s security or authentication measures;
- that could in any way violate the rights of JUKUP – including but not limited to – damages to its good reputation;
Any User has the right to file a complaint or send its remarks with regard to his or her possibilities of posting Content on the Website by sending an email to email@example.com. JUKUP will use its best efforts to provide an adequate and timely response to each complaint or remark.
If you believe that any User Content infringes your intellectual property rights, please email us or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at firstname.lastname@example.org.
Article 6 - Liability
JUKUP’s Services are provided on an “as is” and “as available” basis. JUKUP makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. As to the operation of the Services you expressly agree that your use of the Services is at your sole risk. JUKUP does not warrant that the Services are free of viruses, interference, hacking or other harmful components and JUKUP disclaims any liability relating thereto. Without prior notice, JUKUP may modify, suspend, or discontinue its Services or your use of them. Whenever JUKUP elects to modify, suspend, or discontinue its Services, it will not be liable to you or any third party.
JUKUP is not liable for any decision or action that would be taken by the user on the basis of information provided on the Website, nor is it responsible for any errors or mistakes of the user based on the information on the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The User agrees that, to the extent permitted by Belgian law, his or her sole and exclusive remedy for an alleged damage that would have been caused by JUKUP or any dissatisfaction with the Services or any Content posted onto the Services, will be to stop using the Services. JUKUP will under no circumstances be liable for any indirect, special, punitive, incidental, exemplary or consequential damages arising out of the use of the Services by the User.
JUKUP is careful to provide information that is as accurate as possible but can not guarantee the complete accuracy, completeness or suitability of the information onto the Services and can not be held liable for this. This applies to the information that has been posted onto the Services by JUKUP as well as to the Content from Users or other parties. ‘Information’ shall mean everything that can be found through the Services, including text, images, sound, data, etc. JUKUP is not liable for direct or indirect damages or any damages that could be caused by inaccuracy, incompleteness, inadequacy, forgetfulness or neglect in providing, composing, drawing, writing and interpreting the information on the Website.
JUKUP is not liable for any permanent or temporary damage or defaults of the computer equipment or data from the user during or after the use of the Website or the Services. In particular, JUKUP cannot be held liable for the possible transmission of viruses, trojans and such via the Website or the Services.
JUKUP is not liable for links to websites operated by others, or for the damage caused in the course of a visit to such websites. JUKUP has no control over such websites and cannot be held liable for the content displayed thereon.
The user is aware that – in order to make the Services work – JUKUP will need the User’s permission to make use of the necessary technical facilities on the respective device(s) used by the User. For the realization of the Website and the Services, JUKUP is using, to the reasonably largest extent, the most modern available techniques. However, JUKUP can not be held responsible for the (temporary) failure or any malfunctioning or maintenance work on – or of – the Website or the Services. JUKUP furthermore has no obligation to maintain, support, upgrade or update the Website or the Services. JUKUP uses generally accepted and reasonable methods consistent with current technological developments with regard to the operational security to offer protection against loss, abuse, alteration or destruction of all information submitted by Users.
7. Appropriate use of the Website and Services
The Users warrant to make only appropriate use of the Website and Services, in light of the present Terms and Conditions of Use, specifically the provisions relating to the respect of (third parties’) intellectual property.
It is, at all times, forbidden for the Users to make inappropriate use of the Website and Services. The following actions are considered inappropriate use:
- The transfer, sale, leasing, renting or sub-licensing of any part of the Services;
- The alteration or transformation, in any way or form, of JUKUP’s Services or any part thereof, including but not limited to reverse-engineering, decompiling, disassembling, modification or creating derivative works;
- The use of JUKUP’s Website or Services that in any way or form might imply a violation of JUKUP’s or any third party’s intellectual property rights. Including yet not limited to illegal copying, piracy, the removing or altering any copyright, trademark or other intellectual property notices etc.;
- The circumvention, in any way or form, of any technology used by JUKUP or any third party to protect content accessible through the Service;
- The manipulation, in any way or form, of the information that might be provided through the Services, including but not limited to songs played, order of songs, playlist details etc., for example, by using a script or other automated process;
- The use of any mining, robots, spiders, scrapers or similar data gathering and extraction tools;
Article 8 - Privacy
Article 9 – Term and termination
The present Terms and Conditions of Use will govern the relationship between JUKUP and the User with regard to the use of the Services until the User terminates its JUKUP account . To terminate your account, you simply go to the cogs icon and click on the “close playlist” button. You can also remove the application from your smartphone.
JUKUP can at all times and without prior notice or reason terminate the provision of its Services or any User account (in whole or in part). JUKUP shall under no circumstances be held liable for any kind of damage that might have occurred to the User due to such termination, in accordance with article 6 of the present Terms and Conditions of Use.
Article 10 - Waiver
The lack of enforcement by JUKUP of any provision of these Terms and Conditions of Use or not undertaking any action with respect to a user of the Website in the event of a possible breach of any provision, cannot be interpreted as a waiver of claim or right in respect of any provision in the context of a possible future infringement by a user.
Article 11 - Severability
If any provision of these Terms and Conditions of Use should be considered wholly or partly illegal, invalid or unenforceable under applicable law, that provision will no longer be part of these Terms and Conditions of Use. The legality, validity and binding nature of the other provisions of these Terms and Conditions of Use shall remain unaffected.
Article 12 - Competent Court and Applicable Law
These Terms and Conditions of Use shall be governed by – and construed in accordance with – the Belgian legislation.
The competent courts for disputes regarding these Terms and Conditions of Use will be the courts of Brussels, unless otherwise imposed by mandatory statutory provisions.