Terms of Service

1. General
This website (the "Site") is owned and operated by Jazzlovers.fm GmbH, Gryphenhübeliweg 45, 3006 Bern, Switzerland ("we," "us," or "Company"). By accessing or using the Site, you agree to these Terms of Service. These Terms establish the rules, rights, and responsibilities that govern your relationship with the Company. They also incorporate additional policies such as our Privacy Policy and any product-specific agreements.

We reserve the right to update or modify these Terms at any time to reflect changes in our services, policies, or legal requirements. Any updates will be posted on this page, and if necessary, we will notify users through their registered contact information. It is your responsibility to periodically review these Terms. Your continued use of the Site constitutes acceptance of any modifications.

2. Scope of Services
Jazzlovers.fm GmbH offers a range of services and products designed for music enthusiasts and professionals, including but not limited to:

• The JazzMind Accelerator Lab – a highly structured and intensive online jazz education program aimed at advancing musicianship, improvisation skills, and technical proficiency.
• Physical products such as CDs, vinyl records, and a unique “Behind the Scenes” package that showcases the process of music production and collaboration.
• Customized services related to music production, recording, and education to cater to specialized client needs.

These Terms govern all services and products unless otherwise specified in separate agreements. By purchasing or using our services, you agree to abide by these Terms and any specific terms that may apply.

3. Customer Responsibilities
To ensure smooth service delivery and mutual respect, all customers are expected to:

• Provide accurate and truthful information during account registration and purchases to avoid miscommunication or delays.
• Safeguard login credentials such as usernames and passwords. Sharing or misusing credentials may result in immediate suspension or termination of access to our services.
• Report any unauthorized account activity to our support team at the earliest opportunity to prevent further misuse.
By adhering to these responsibilities, customers contribute to maintaining a professional and secure environment for all users.

4. Payment Terms
This applies to all payments:

• All payments are final and refunds are only granted if Jazzlovers.fm GmbH fails to fulfill the agreed services except where otherwise stated in the contract.
• If a payment is declined, our system will automatically disable access to our materials. We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.


5. Termination of Services
Jazzlovers.fm GmbH reserves the right to suspend or terminate access to services or accounts under the following conditions:

• Failure to resolve overdue payments or other outstanding balances within the agreed timeframe.
• Actions that disrupt, harm, or diminish the experience of other users in the online community or interaction with our staff.
• Any breach of these Terms, including but not limited to intellectual property violations, misuse of services, or unauthorized activities.

Termination notices will be sent to the contact details provided by the customer. In such cases, customers will lose access to the affected services, and refunds will not be issued unless otherwise specified.

6. Privacy Policy
We prioritize your privacy and are committed to protecting your personal information. All data collection, storage, and usage are governed by our Privacy Policy, which adheres to Swiss data protection laws and, where applicable, the General Data Protection Regulation (GDPR). By using our Site or purchasing our services, you acknowledge and consent to the practices outlined in the Privacy Policy.

If you have questions or concerns about how your data is handled, you are encouraged to contact us directly at support@jazzlovers.fm.

7. Force Majeure
Jazzlovers.fm GmbH is not liable for delays, disruptions, or failures in performance caused by events beyond our reasonable control. These may include but are not limited to:
• Natural disasters, extreme weather conditions, or environmental hazards.
• Government actions, regulations, or restrictions that impact operations.
• Technical failures, server downtime, or disruptions caused by third-party providers.
• Global pandemics or other public health crises.

In such circumstances, we will take all reasonable steps to minimize the impact on our customers and resume normal operations as soon as possible. Customers will be informed of any significant delays or adjustments to services.

8. Online Community Guidelines
Our online community is a key component of our programs, designed to provide a supportive space for collaboration, learning, and inspiration. By participating in the community, you agree to:

• Engage respectfully with other members, avoiding any behavior that could be deemed offensive, abusive, or disruptive.
• Refrain from excessive self-promotion, spam, or solicitation of unrelated services.

We reserve the right to moderate the community to maintain a positive environment. Members who violate these guidelines may have their access revoked without refund.

9. User Behavior
When using the Site, you must adhere to the following rules:

• Do not post, share, or transmit content that is illegal, defamatory, obscene, or otherwise inappropriate.
• Avoid impersonating others, misrepresenting information, or engaging in fraudulent activities.
• Refrain from attempting to hack, gain unauthorized access, or disrupt the functionality of the Site or its services.
• Respect intellectual property rights and avoid unauthorized copying or distribution of content.

Failure to comply may result in account suspension, termination, and legal action where applicable.

10. Personal Use of Purchases
All purchases made through Jazzlovers.fm GmbH are strictly for personal use. Unauthorized sharing, copying, or redistribution of purchased materials is strictly prohibited. 

Customers are encouraged to respect the intellectual property of the Company and its affiliates. Violations of this policy may result in immediate access suspension and potential legal consequences.

11. Indemnity Clause
By using our Site and services, you agree to indemnify and hold harmless Jazzlovers.fm GmbH, its affiliates, employees, and representatives from any claims, damages, liabilities, or costs arising from:

• Your misuse of the Site or services.
• Breaches of these Terms, including unauthorized sharing or intellectual property violations.

This indemnity extends to cover legal fees and any other associated costs.

12. Technical Requirements
To fully access and benefit from our online programs and services, customers are required to:

• Have a stable, high-speed internet connection capable of supporting video and audio streaming.
• Use a device compatible with modern browsers and meeting the platform’s technical requirements.

Customers are responsible for ensuring their setup meets these requirements before purchasing or accessing services.

13. Compliance with Laws
Jazzlovers.fm GmbH operates under the laws of Switzerland and complies with all applicable international regulations, including GDPR for EU-based customers. Customers are also expected to adhere to relevant local laws while using our services.

14. Shipping and Taxes
1. Shipping: Physical products are shipped globally via Swiss Post. Delivery times vary depending on the destination, customs clearance, and local postal systems.
2. Taxes and Fees: Swiss VAT is included where applicable. Customers are responsible for any import duties, taxes, or additional fees imposed by their local government.

15. Disclaimers and Limitation of Liability
1. External Links: Links to external websites are for convenience only. Jazzlovers.fm GmbH does not endorse or take responsibility for the content or functionality of third-party sites.
2. Hosting Services: Issues caused by third-party hosting services will be addressed promptly. Access extensions may be provided for prolonged outages.
3. Warranty: Products and services are provided "as is." Liability is limited to the purchase price.
4. Jurisdiction: All disputes are governed by Swiss law under the jurisdiction of the Canton of Bern.

16. Modification of Terms
We reserve the right to update or modify these Terms as needed. Notifications will be sent for significant changes. Continued use of the Site after updates implies acceptance of the revised Terms.

Contact Information
For support or inquiries:
Email: support@jazzlovers.fm

Address
Jazzlovers.fm GmbH
Gryphenhübeliweg 45
3006 Bern
Switzerland

Responsible for this page:
Simon Petermann

Addendum
Handelsregister ID der Jazzlovers.fm GmbH: CH-036.4.088.404-5
Unique enterprise identification number (UID) of Jazzlovers.fm GmbH: CHE-305.968.175

Updated
11. August 2024