Any person who has visited the Website at any time from any country in the world, voluntarily and independently, without any limitation/exclusion, accepts all the conditions of the Agreement and agrees with it in full, making an “acceptance” in accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512.
Jestei Pool has the right, at his discretion, at any time, unilaterally, without notifying third parties, including Users, to amend the Agreement and Tariffs by posting them on the Website, at least 10 (ten) days before the start of their validity. The current version of the Agreement is always published on the Website at the address: https://jesteipool.com/refund/.
After starting to use the Website, it is considered that all actions for using the Website are performed by the User independently and voluntarily.
Using the Website, any person is solely responsible for familiarizing himself with all the provisions (conditions, clauses, sections, content) of the Agreement without exception, as well as with the Privacy Policy https://jesteipool.com/privacy.html and agrees with each document in full, without any exceptions and has no right to declare otherwise.
1. TERMS AND DEFINITIONS
Website - an Internet resource located on the Internet at https://jesteipool.com.
Information - any text, graphic materials, images, photographs posted on the Website that are freely available to all persons who have visited the Website.
Content - musical works (with or without text) posted on the Website that can be used by any visitors to the Website within the limits and on the terms specified herein.
Free content - musical works (with or without text) posted on various pages of the Website, identified by the designation in the form of an icon with the inscription Free, as well as a complete list of which is indicated and available in a special section of the Website, visitors of the Website have the right to view/listen to them within the limits established hereby.
Guest - a person using the functionality of the Internet, who has the opportunity to familiarize himself with the information posted on the Website, view, listen to content posted on the Website in the Record Pool sections (the first 3 pages of the line), Playlists, Account, Send Track, Help.
User without a subscription (hereinafter refers to as “Registered User”) - is a person registered on the Website, according to the rules of the Website specified herein, who has the ability to save (download) Free - Content posted in the appropriate section on the Website, as well as the ability to save Content to the Favorites section and download from the Free section https://jesteipool.com/playlists/free/.
Subscriber - a person registered on the Website, according to the rules of the Website specified herein, according to his conviction and decision, who has made a choice and paid for a Subscription that allows such a User to save (download) to his Personal Account on the Website any Content posted in the relevant section on the Website, as well as use the functions of searching for information on the Website, use the function of selecting (filtering) information on the Website, save (download) any material (content) posted on the Website, form archives consisting of material (content) posted on the Website, save (download) ) such archives in any type of storage (format, size, shape), view all pages of the Record Pool section (not only the first 3).
Subscription - is an option available to all Registered Users of the Website, allowing a person, on a paid basis, to take advantage of the opportunity to fully view the Content posted on the Website in the Record Pool section (not only the first 3), use the Website search function, the function of selecting (filtering) information on the Website, save (download) any material (content) posted on the Website, form archives consisting of material (content) posted on the Website, save (download) such archives to a repository of any type (format, size, shape).
The term of the Subscription - is the period when the User is entitled to use the Content. By default, the subscription period is equal to 1 (one) calendar month, the calculation of which starts from the date of payment for the tariff selected by the User.
Advanced user - is a person registered on the Website, according to the rules of the Website specified herein, who has the opportunity to participate in the formation of musical content on the Website by submitting an application to the Website Administration to add (upload) Content to the Website according to the rules hereof.
Personal Cabinet (Account) - the User's personal page on the Website, containing the User's identification credentials specified by him during registration, the validity period of the Subscription, which gives the User the right to use the paid features available to Registered Users.
Registration - actions of the User to create a Personal Account on the Website according to the established procedure. During the Registration process, the User specifies his credentials.
Tariff - a set of price conditions on which the User has the right to subscribe on a paid basis.
Credentials - are reliable, complete, and up-to-date information that allows performing an authorization procedure to access Personal Account. This information is provided by the User during the Registration procedure on the Website, may contain the name of the User, username, email address and other information that the User deems necessary to inform about himself, or that are required by the Website.
Subscription fee - debiting funds from the User's payment instrument specified in the Personal Account (Account) when registering on the Website, for use in order to pay for the Subscription Tariff selected by the User and/or for preserving the User's right to use the functionality of the Website within the Tariff selected by the User in case of non-use of the Website for a period not exceeding 6 (six) calendar months from the date of the last entry of the User into the Personal Account on the Website or within 6 (six) calendar months from the date of registration of the Personal Account on the Website and payment for the Subscription in accordance with the Tariff.
Moderation - the actions of Jestei Pool related to the verification of works (with or without text) for their compliance with the requirements for works established by Jestei Pool for the inclusion of such works to the Content posted on the Website.
2. GENERAL TERMS OF USE
2.1. The Website allows visitors of the Website to use the Content by viewing/listening to it directly on the Website, to save (download) the Content selected by the User.
2.2. Usage of the Website is shareware within the limits specified herein.
2.3. Any person visiting the Website, independently and voluntarily, reads the terms hereof, chooses a Subscription from among those available on the Website.
2.4. All options, functions and Content posted on the Website can be used only "as is", in the form, design and software and hardware solution in which they are posted on the Website, and within the limits specified herein.
2.5. Not a single visitor of the Website (Guest), User (Free User, Advanced User), regardless of the registration procedure on the Website, Subscription (Pay User) or using the Website without registering and without subscribing, has the right to require Jestei Pool to make any changes in functionality, design and/or software and hardware solutions of the Website.
2.6. The person using the Website independently decides on the limits of using the functionality of the Website.
2.7. A Website visitor using the Website within the limits provided for each of the categories independently decides to change his category from one category to another. When changing the category, the person acquires or loses part of his rights to use the Content.
3. RIGHTS AND OBLIGATIONS
3.1. Jestei Pool:
3.1.1. Maintains the operability and functioning of the Website, grants the User the right to use the functionality of the Website on a free or paid basis.
3.1.2. In case Jestei Pool receives an official written requirement, instructions, and/or requests from copyright holders and/or authorized representatives, Jestei Pool has the right to disclose information about the User to such persons, as well as immediately notify the User of this fact, indicating specific regulatory legal acts and/or with reference to the relevant request and the authorized representative or copyright holder.
3.1.3. Has the right, at his discretion, at any time to make changes to the technology (algorithm, method) of the functioning of the Website without the consent of the User.
3.1.4. Jestei Pool has the right to temporarily suspend or completely block access to the Website to any person using the Website with the Registration, Subscription or without Registration and without Subscription if the activities of such a person violate the terms hereof.
3.1.5. Jestei Pool has the right to carry out preventive work with a temporary suspension of the functioning of the Website without notifying the persons using the Website, regardless of the category of such person, the presence or absence of registration on the Website, registration of the Subscription and its validity period. The notification of preventive maintenance of the Website can only be sent to persons registered on the Website through the Personal Account and/or to the email address specified by the User during the Registration.
3.1.6. Persons who have not registered on the Website independently monitor the availability of the Website on the Internet and have no right to make any claims to Jestei Pool related to the inability to visit the Website.
3.1.7. Jestei Pool is not responsible for the User's actions to read (familiarize, understand) the content of the service messages sent to him by Jestei Pool in the Personal Account or to the e-mail address (e-mail) specified during Registration.
3.2. General conditions, regardless of the presence of registration on the Website and/or Subscription:
3.2.1. Without exception, all persons using the Website in any way, regardless of the Registration and the Subscription, are obliged to independently familiarize themselves with all the terms hereof.
3.3. Guest:
3.3.1. Persons using the Website without registering a Personal Account have the right to only view, listen to any material posted on the Website in the Record Pool sections (first 3 pages of the feed), Playlists, Account, Send Track, Help for free. All actions of the Guest can be carried out without the right to use any material posted on the Website, including those marked with the Free sign, in any way, except as specified herein.
3.3.2. At any time, the Guest can independently access the capabilities of the Website and change his status on the Website by registering a Personal Account on the Website and, at the request of the Guest, issue a Subscription giving him the right to use the Content on the terms specified herein.
3.4. Free User:
3.4.1. After registering the Personal Account on the Website, the registered person has the right to view, listen to and save (download) any material posted on the Website marked with the Free sign on a free basis.
3.4.2. The Free User had to independently ensure the safety of the login and/or password to the Personal Account on the Website, not inform, not transfer the login and/or password to third parties, not provide third parties with the right to access and/or use the Personal Account.
3.4.3. The User has the right to delete the Personal Account and stop using the Website by sending a message to Jestei Pool at jesteipool@gmail.com. If the User refuses to use the Website, access to the Personal Account is blocked, and the account itself and the information contained in it are stored in an archive copy on the Jestei Pool server located on the territory of Georgia, the disclosure of the contents of the archive copy can only be at the written request by the appropriate authority.
3.5. User who subscribed on the Website (Pay User)
3.5.1. Pay User gets the opportunity to fully view the track line in the Record Pool, use the Website search function, the information selection (filter) function on the Website, save (download) any material (content) posted on the Website, form archives consisting of material (content) posted on the Website, save (download) such archives to a repository of any type (format, size, shape).
3.6. Advanced user
3.6.1. After Registering on the Website, it has the right to send Jestei Pool Content for the purpose of posting it on the Website in any of the ways specified herein.
4. CONTENT REQUIREMENTS. MODERATION
4.1. The works with or without text can be posted on the Website only in the following formats:
• remix
• original
• mashup
• blend
• acapella edit
• transition
• flip
• slam
4.2. Material submitted to Jestei Pool must meet the following conditions:
• Include an indication of the author (copyright holder) of each work (track), the name of each work (track), the version of each work (track).
• The work (track) must be created at a professional level, the sequence of the tonality of the sound of the work (track) must be a stylistic solution corresponding to a given musical direction, the auditory perception of which is identified as a whole.
• Technical characteristics - mp3, not less than 320 kbps, 18 kHz in the frequency spectrum.
4.3. The user who submits a work for Moderation is solely responsible for observing the rights of third parties to all content sent to Jestei Pool. By default, Jestei Pool considers the work (track) to be submitted to the Jestei Pool by its author (copyright holder).
4.4. The work that has passed Moderation is included in the Content of the Website and becomes available to Users for listening on the Website and downloading (saving) in accordance with their Subscription Tariff. From the moment of public posting of the Work on the Website, Users who are not registered on the Website have the right to use such a Work only to listen to it on the Website, without the right to save (download) it. Users who have subscribed to the Subscription have the right to save (download) the Work, but no more than 2 (two) times for each version of each Work, regardless of the Subscription Tariff. All registered Users without a subscription (Registered Users) can save (download) only the Work marked with the “Free” icon and/or contained in the “Free” section.
4.5. Works are accepted for Moderation by sending them to the Jestei Pool e-mail address: jesteipool@gmail.com.
5. SUBSCRIPTION
5.1. Users registered on the Website have the right to use a paid option that provides an opportunity for expanded use of the Content posted on the Website.
5.2. The list and content of the Subscription options available on the Website can be found here https://jesteipool.com.
5.3. After registration of the Subscription, it is considered that all actions were committed by the User voluntarily. The User is solely responsible for the ownership of the payment details used to pay for the Subscription, as well as for the observance of the right to use the payment details in accordance with the current legislation of Georgia.
5.4. After registration of the Subscription, payment for the Subscription for the next calendar period is carried out in an authorized manner. Charging off the Subscription fee (Subscription tariff) is not a violation of Jestei Pool, but is a payment for the provision of all Subscription options in the next calendar period and/or for retaining the User's right to use the functionality within the Tariff selected by the User.
5.5. Pay User has the right to refuse to renew the Subscription at any time. Refusal to renew the Subscription is made by the User by activating the "Cancel Subscription" button in the User's Personal Account ("Account") on the Website. In case of refusal/cancellation of the Subscription, the User has full access to all paid options on the Website in accordance with the paid tariff. Complete cancellation of the Subscription, access to the use of all paid functions of the Website terminates after 1 (one) month from the date of the last payment of the "Subscription" tariff, access to paid functions is blocked in full, the subscription fee is not automatically debited.
6. PAYMENT PROCEDURE FOR SUBSCRIPTION AND TERMINATION OF USE
6.1. Payment for the Subscription Tariff selected by the User is carried out by bank transfer.
6.2. The User pays for the Tariff selected by the User by any of the methods available on the Website. When using any payment instrument, the User is solely responsible for the right to use the means of electronic payment (bank card, electronic wallets and in other ways existing on the date of publication of this document and arising in the future) and their belonging to the User using the functionality of the Website.
6.3. In case of non-use of the functionality of the Website available under the Subscription paid by the User, access to the "Personal Account" and the ability to save (download) the Content within the paid "Subscription" Tariff are retained by the User for 6 (six) months from the date of the last use of the option to save (downloading) Content. The User does not have the right to demand from the Website Administration the return to the User of the funds already paid in accordance with the selected Subscription Tariff.
6.4. Payment of the Subscription Fee (Subscription Tariff) automatically is a payment for maintaining the User's access right to the "Personal Account" and all paid options available on the Website in real-time (at the time of the User's request to activate the option within the Subscription Tariff).
6.5. In cases where the validity period of the User's payment instrument (bank card, etc.) used by the User when paying for the Subscription ends or the use of the User's payment instrument (bank card, etc.) becomes impossible for payment for any reason provided for the current legislation of Georgia, in the event of three unsuccessful attempts by the payment system to charge off funds and renew the Subscription, the Subscription is canceled automatically.
6.6. In the event that 6 (six) or more months have passed since the last entry into the "Personal Account" on the Website, the Subscription fee for renewing the Subscription will be canceled automatically.
6.7. After terminating the use of the Site through the "Personal Account", the User has the right at any time, at his discretion, to resume using the Website and or inform the Website Administration about his desire to completely delete the "Personal Account" and stop using the services of the Website in full. When deleting the "Personal Account", all the User's Credentials specified by him when using the Website can be saved by the Website Administration in a backup copy, transferred to the successors of the Website Administration as part of another, as well as to appropriate authorities in the manner specified by the current legislation of Georgia.
6.8. Upon the occurrence of the circumstances specified in clause 6.7. hereof, the User at any time has the right to resume using the Service by re-creating the Personal Account under the terms hereof.
7. PERSONAL DATA
7.1. Jestei Pool collects, systematizes, stores and occurs other actions under the current legislation of Georgia, exclusively in relation to the personal data of individuals - Users of the Website, to the extent necessary for the proper providing services to such Users with the right to use the functionality of the Website in accordance with the Privacy policy located on the Website at https://jesteipool.com/privacy.html.
7.2. In case of registering a "Personal Account" or another method of authorization on the Website or performing any other actions on the Website using a personal page (profile) from social networks indicated on the Website, the person who performed such actions is solely responsible for the right to use the personal pages from a social network (profile), the ownership of the specified personal page from a social network (profile) to the person using the Website, and also gives the Website Administration its consent to access a personal page from a social network (profile), images (photographs) and other personal data indicated on a personal page in a social network (profile) within the limit sufficient to register such a user as a User of the Website according to the registration option chosen by him from among those available on the Website.
8. LIABILITY
8.1. Jestei Pool is not responsible for any actions of any person using the Website, as well as for the observance by such persons of the rights (including intellectual) and interests of third parties.
8.2. Jestei Pool is not responsible for compliance by any person using the functionality of the Website in any way on a free or paid basis, the rules, regulations, and other mandatory requirements established by the current legislation of any country in the world.
8.3. Jestei Pool's liability to all users and visitors of the Website is limited to ensuring the availability of the use of software and hardware functionality of the Website.
8.4. Visual solutions for creating the Website, including any graphic material, images, photographs, stylistic design solutions, technical, software, and hardware functions integrated into the Website are intellectual property, and cannot be used in any other way in any other place another than the Website, without permission the copyright holder for such an object.
8.5. Any person other than Jestei Pool or those who have written permission from Jestei Pool may not take or attempt to take actions related to the introduction and/or change of anything in the technical part of the Website.
8.6. Jestei Pool is not responsible for the work of Internet providers, persons providing services for registration of domain names, for the accuracy of the information specified in the user account, the ownership of payment details, the person who registered a personal account on the Website, the safety of logins, passwords from personal accounts created on the Website, also for direct and/or indirect losses, loss of profits received by any persons while using the Website.
8.7. In the event that the Website is temporarily unavailable on the Internet in whole or in part, Jestei Pool undertakes to take all measures in its control to resume the full functioning of the Website.
8.8. No interest will be accrued on funds paid for a Subscription.
8.9. Jestei Pool is not responsible for the Pay User's timely use of any of the options included in the Subscription he has paid for. If, after paying for the Pay User Subscription, for any reason beyond the control of Jestei Pool as expressly stated herein, the Subscription options provided to him are not used or are not fully used, the Pay User has no right to demand, and Jestei Pool has the right not to provide Pay User the ability to transfer unused options to a future period after the expiration of the Subscription or the summation of unused options and other options of Subscriptions.
8.10. The Pay User is not entitled to claim against Jestei Pool to collect fines, penalties, charges, interest for withholding someone else's money, interest for using someone else's money (legal interest) from Jestei Pool.
8.11. Charging off the Subscription fee is not a violation on the part of the Website Administration, but is a payment for keeping the User's right to use the Service within the cost of the Tariff under the terms hereof.
8.12. No material posted on the Website may be copied, duplicated and/or used in any other way, existing or arising in the future, without the written permission of Jestei Pool.
8.13. In all cases, the responsibility of the Service is limited to the responsibility for the provision of services for the use of the Service.
9. DISPUTE RESOLUTION
9.1. The use of the Website is governed by the laws of Georgia.
9.2. The submission of a pre-action claim on all controversial issues is mandatory. The term for consideration of a written pre-action claim cannot exceed 30 (thirty) days.
9.3. In all cases, without exception, all disputes arising between in connection with the use of the Website are resolved on the territory of Georgia in the court at the location of Jestei Pool.
