← BackAUTHORITATIVE VERSION. This page is a convenience copy of JamStream's Copyright & DMCA Policy provided for your general information. The binding agreement between you and JamStream is the version you affirmatively accepted within the JamStream application or website when you created your Account (and, where applicable, when you made a purchase or accepted updated terms). JamStream maintains the authoritative, most current legal text within the in-app Legal Center. This convenience copy may be updated on a different schedule and may not reflect the most recent amendments; in the event of any conflict, inconsistency, or difference, the version you accepted in the Service — or the then-current authoritative in-Service version — governs and controls, except where mandatory consumer-protection law in your country of residence requires that a specific disclosed term be given effect in your favor.
1.1. JamStream is a live-music social platform on which users play instruments, sing, and perform together in real time; host and join live audio-and-video rooms; take part in free, bragging-rights "battles"; host and attend paid, ticketed "concerts"; send and receive tips, gifts, and SuperChat; and share images, text, chat, profiles, and other content. Almost all of the audio, video, images, and text on the Service is created and supplied by users ("User Content"), including live musical performances, uploaded images, profile media, and chat.
1.2. JamStream respects the intellectual-property rights of others and expects every user to do the same. This Copyright & DMCA Policy (this "Policy") explains:
1.3. Relationship to the Terms, stated as one rule. This Policy is incorporated into and forms part of the JamStream Terms of Service (the "Terms"). Capitalized terms not defined here have the meaning given in the Terms. The Terms govern throughout, except that on the copyright-specific procedures in Sections 2, 4, 7, 8, 9, 10, and 11 of this Policy, this Policy prevails over any inconsistent provision of the Terms — and except that, on the scope of the licence you grant in your User Content, Section 3 of this Policy prevails over Terms §9.2 to the extent Section 3 is narrower: the narrower grant is the one you have made, and Terms §9.2 says the same. This Policy does not restate the coins, payments, subscription, refund, or privacy regimes; where this Policy refers to any of those, the document named in the reference governs (see Coins & Payments, Refunds, and the Privacy Policy). There is no other precedence rule in this Policy; Section 17.4 is subject to this Section.
1.4. 18+ only. The Service is intended solely for adults aged 18 or older. You must be at least 18 to create an account, perform, view performances, purchase or earn coins, or otherwise use the Service.
1.5. This Policy is not legal advice. It describes JamStream's procedures and your contractual obligations. It does not tell you which licenses your particular performance requires. If you are unsure, consult a qualified attorney or a music-licensing professional before performing.
2.1. What JamStream does, described functionally. JamStream supplies virtual instruments, live audio-and-video rooms, streaming and delivery infrastructure, chat, and an audience, and it retains a fee on transactions that take place inside the Service. JamStream does not choose, commission, curate, endorse, or approve the musical works or sound recordings that users decide to perform or share, and it does not pre-screen live performances before they reach other users. How JamStream's role is characterised in law is a question for the applicable law, and JamStream does not assert any particular characterisation of itself in this Policy — in some jurisdictions the operator of a service that supplies the instruments, organises the audience, and takes a share of the revenue may itself be treated as performing or communicating a work, whatever this Policy says as between you and JamStream. Nothing in this Section is a representation to you that JamStream bears no liability to a rightholder.
2.2. JamStream grants YOU no music license of any kind and does not clear, sublicense, pass through, or convey any music right to you. JamStream's own licensing position is stated in full in Terms §11.3, and Terms §11.3 governs. This Section summarises it and must not be read as a separate or additional statement of coverage.
2.2a. Summary of what JamStream holds, as at the Effective Date of this Policy. JamStream holds two licenses from performing rights organizations and no others anywhere in the world: a BMI Digital Multi-Use Music Performance License Agreement, executed in June 2026, and a SESAC Limited Internet Performance License, executed in August 2026 and effective from July 1, 2026. ASCAP — one of the two largest United States performing rights organizations — is not among them, and neither is GMR (Section 2.2c), so two licenses does not mean that most music is covered, and the safe assumption remains that any given song is outside both repertories. Terms §11.3 governs; this is a summary. Stated precisely, and only as at the Effective Date above:
2.2b. JamStream's own coverage is a statement of position at a date, not a standing guarantee — and it can end without notice. The BMI license expires: its term ends in March 2027, and unless it is renewed before then it simply stops, with no announcement. The SESAC license is a limited license: it carries annual ceilings on usage and on revenue, and if either ceiling is crossed the agreement terminates automatically by its own terms, without notice from either party. Either may also lapse on non-renewal, be terminated for default, or be reduced where the society withdraws individual works. JamStream does not undertake to hold either, to renew either, to replace either, or to tell you before either one ends, and you must not plan around them or treat them as making any performance safe. Because they grant you nothing in any event (Section 2.2a), their continuation or their lapse changes nothing about your own obligations. The full statement of these limits is in Terms §11.3b.
2.2c. Organizations from which JamStream holds no license. As at the Effective Date, JamStream has not obtained a license from, and holds no coverage under, any of: ASCAP — one of the two largest United States performing rights organizations — or GMR (United States); ACUM (Israel); PRS for Music or PPL (United Kingdom); SACEM (France); GEMA (Germany); JASRAC (Japan); SOCAN (Canada); APRA AMCOS (Australia); The Mechanical Licensing Collective or any compulsory mechanical license under 17 U.S.C. § 115; SoundExchange or any other body administering sound-recording or neighbouring rights; or any other performing-rights, mechanical-rights, or collective-management organization in any territory — nor from any publisher, writer, or catalogue that administers its own performing rights directly. A discussion or an application confers no rights on anyone; no further license exists unless and until it is concluded and published in a revised version of the Terms identifying the society, the right, the repertoire, the territory, and the term. ASCAP's entire repertory lies outside everything JamStream holds, so the two licenses described in Section 2.2a must not be read as meaning that most music is covered.
2.2d. Beyond the narrow coverage described in Section 2.2a, JamStream does not hold, and in no event extends to you, any of the following:
2.3. You cannot rely on platform-level music coverage the way you might on some other services. Certain platforms (for example, some large streaming and social-video platforms) carry broad blanket licenses that extend to their users' performances. JamStream's only music licenses are the two limited public-performance licenses described in Section 2.2a and Terms §11.3 — one from BMI and one from SESAC. Each addresses only JamStream's own public-performance liability, for works in that organization's own repertory, in the United States, and only for as long as it remains in force; neither extends to you. Beyond JamStream's own narrow coverage, no platform-level coverage should be assumed. ASCAP licenses JamStream nothing at all, and neither does GMR, so two licenses must not be read as general coverage. Except for those two public-performance licenses, JamStream holds no license that:
Because JamStream holds only the two limited public-performance licenses described above — confined to those two repertories, to the United States, and to the period each license remains in force — and grants you no license, you must clear every other right your performance requires — including master-recording, synchronization, mechanical, out-of-repertory (ASCAP and every other work outside the BMI and SESAC repertories), and out-of-territory rights — yourself, as described in Section 2.4.
2.4. You are responsible for securing every license, consent, and permission your performance requires, for every work you perform and for every right implicated by the way you perform it (audio-only vs. video, free vs. ticketed, amateur vs. monetized). If you do not have those rights, do not perform, stream, or share the work on the Service.
2.4a. How that allocation of responsibility is meant to be read. Section 2.4 allocates responsibility as between you and JamStream. It does not settle either party's position against a rightholder, and it is not a representation to you that JamStream bears no liability for what happens on the Service. In some jurisdictions the law treats the operator of a service like this one as itself performing or communicating the work — regardless of what this Policy says, and regardless of any warranty you give — and in those jurisdictions no allocation of responsibility in this Policy changes that. JamStream states this because an unqualified claim that a user is "solely" responsible everywhere in the world would not be accurate. Section 2.4 is also a duty to act honestly and carefully, not a guarantee of a state of the world no user could ever prove: it is not breached by the mere fact that a work you performed later turns out to have a rightholder you could not have known of.
2.5. Cover songs, backing tracks, karaoke, and samples. Performing a "cover" of someone else's song is not automatically permitted. Depending on how you perform it, a cover can implicate the public-performance right, the mechanical right, and — because JamStream streams video — the synchronization right. Using a pre-recorded backing track, karaoke track, instrumental, stem, loop, or sample that you do not own or are not licensed to use is likewise not permitted.
2.6. Concerts and other ticketed or monetized performances (heightened responsibility). If you host a paid concert, sell tickets (whether single-price or tiered), or otherwise charge for, monetize, or receive tips, gifts, or other value in connection with a performance, you are engaged in a commercial and, for concerts, a ticketed public performance. This materially increases the rights you must clear and, for any recorded or streamed video, requires synchronization rights in addition to performance and mechanical rights. JamStream's platform fee, ticket-processing, or revenue share is not a license fee and confers no music rights whatsoever. Paid-concert hosts specifically represent and warrant that they hold all rights necessary for a commercial, ticketed, publicly performed, and (because the Service streams video) synchronized use of every work performed.
2.6a. Monetizing a performance can take it outside JamStream's own coverage, and it never gives you coverage. Three points that users get wrong, stated plainly:
This Section mirrors Terms §11.3d, which governs.
2.7. Battles are non-monetary. JamStream "battles" are free, bragging-rights-only competitions in which two performers compete live and the audience reacts; the winner earns XP, rank, or clout only. No coins are staked, wagered, escrowed, won, transferred, or paid in a battle. Battle participation therefore does not itself make a performance commercial — but you must still hold all rights required for any music you perform in a battle, exactly as in any other room.
2.8. JamStream clears nothing on your behalf and makes no representation that any User Content on the Service is licensed. All User Content is provided "as is" and "as available." JamStream disclaims any warranty that User Content is non-infringing or that any music performed, streamed, or shared by users on the Service is licensed. This disclaimer is about User Content only. It is not a statement about the virtual instrument sounds, samples, and audio assets that JamStream itself supplies as part of the Service; those are addressed in Terms §11.4a and are JamStream's own responsibility, not yours.
2.9. Composition vs. sound recording — why the rule is what it is. Music carries two separate copyrights: the composition (the song itself — melody and lyrics, owned by the writer or publisher) and the sound recording (a particular recorded performance of it, owned by the performer or label). A public-performance license, even where one is separately held, covers only the composition. It never covers the master sound recording, and no performing rights organization anywhere can license one. That is why the rule below is absolute rather than arbitrary. Accordingly, the following is strictly prohibited:
2.10. Territory — where the Service is offered, and where JamStream's own coverage reaches. The Service is offered worldwide and is not restricted to any single country. JamStream's own music coverage is not. Every performing-rights license JamStream holds — both of them — is limited to the United States and its territories (Section 2.2a). JamStream Ltd is an Israeli company and the Service is operated from Israel; JamStream holds no ACUM license and no other Israeli music license, and holds no license for the European Union, the United Kingdom, Japan, Canada, Australia, or any other territory. The consequence, stated plainly: a performance received by anyone outside the United States is covered by no JamStream license at all, and neither is the act of transmission insofar as any jurisdiction treats it as occurring where it originates. Countries localize an online performance differently — by where it is received, by where the transmission originates, or by where the service is targeted — and no clause of this Policy can deem your performance to have occurred somewhere it did not. See Terms §11.3c.
2.11. Video, synchronization, and your own recordings. The Service streams live video alongside the performance. Combining a musical composition with visual images engages the synchronization right, for which there is no compulsory-license route anywhere and which no performing rights organization — BMI and SESAC included — can grant; a sync license must be negotiated individually with each publisher. That obligation falls on you and it is not affected by anything JamStream does or does not hold. It applies with full force to anything you capture or re-use: if you screen-record your own performance, save it, post it elsewhere, or make it available to anyone, you need synchronization rights, mechanical rights, and any master rights implicated, in addition to performance rights. JamStream provides no feature that lets you record, save, or download a session, and no saved copy of a live performance is made available to you through the Service. JamStream's position on session recording, and the undertaking that governs any change to it, are set out in Terms §11.8. Recording another participant without the consent of everyone in the session is separately and strictly prohibited by Terms §9.3a and may be unlawful. If someone else records you, see the "Bootleg reports" paragraph of Terms §9.3a — it states what JamStream will and will not do, and why a bootleg of a live session is generally not a DMCA matter you can swear a copyright notice for.
By making any User Content available on or through the Service — including live and streamed audio-and-video performances, images, profile media, chat, and text — you represent and warrant that:
3.2.1. You retain all ownership of your User Content. JamStream does not claim ownership of your performances or other User Content.
3.2.2. By making User Content available on or through the Service, you grant JamStream Ltd (ג'אמסטרים בע"מ) and its successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up license to host, store, cache, back up, reproduce, encode, transcode, reformat, resize, and adapt (solely for technical formatting, compression, transmission, and compatibility purposes), publicly perform, publicly display, distribute, and transmit that User Content solely for the purpose of operating, providing, and securing the Service, maintaining its quality and safety, and enabling the features you choose to use (for example, delivering your live stream to the rooms and concerts you join, compositing and relaying it so an audience larger than a direct connection can serve may watch it live, and displaying your profile). The license is sublicensable and transferable only to service providers acting on JamStream's behalf for those purposes, and to a successor in a merger or acquisition of JamStream; it is not sublicensable to anyone else.
3.2.2a. What this license does NOT cover. For the avoidance of doubt, the license in Section 3.2.2 does not permit, and JamStream does not take, any right to: (a) use your performance, voice, image, or likeness in advertising or promotional material outside the Service — that use is opt-in under Terms §9.2(d) and you may withdraw the opt-in at any time for future use; (b) use your performances, voice, or likeness to train artificial-intelligence or machine-learning models for voice synthesis, voice cloning, music generation, or any other generative purpose — that is prohibited by Terms §9.4a and by the AI/ML training disclosure in the Terms, which permit only safety-classifier processing, aggregated and de-identified analytics, and features you have affirmatively opted in to; or (c) sell or license your User Content to a third party for AI or machine-learning training. The word "improving" is not used in Section 3.2.2 and no right to train a model may be read into it.
3.2.2b. Live performances — performers'-rights and anti-bootlegging consent. Some of what you create on the Service — a live performance in a Room, Battle, or Concert — is never recorded (Terms §11.8) and so may not be a "fixed" work under some copyright laws, in which case a copyright licence may not be the instrument the law asks for. To the extent any of your User Content is or includes an unfixed live performance, the licence in Section 3.2.2 therefore also operates — to the same scope, for the same limited purposes, and for the same duration — as your consent under performers'-rights and anti-bootlegging laws, including 17 U.S.C. § 1101, Part II of the UK Copyright, Designs and Patents Act 1988, the Israeli Performers' and Broadcasters' Rights Law, 5744-1984, and laws implementing Article 6 of the WIPO Performances and Phonograms Treaty, to the real-time transmission, compositing, relay, and communication to the public of your performance, as sound and as sound-and-image, as part of operating the Service. This consent ends when your participation in the session ends — leaving a session, or revoking consent by leaving, ends it for anything after your departure — it is subject to the same exclusions as Section 3.2.2a, and it is not consent to any fixation or recording of the performance, which Terms §11.8 separately constrains and Terms §9.3a separately prohibits. Terms §9.2 carries this same consent for the same conduct.
3.2.3. This license is limited to operating the Service. JamStream does not acquire the right to exploit your User Content for purposes unrelated to the Service.
3.2.4. Duration and wind-down. The license in Section 3.2.2 continues while your User Content is available on the Service. When you delete specific User Content or your account, the license terminates, except to the limited extent necessary for: (a) copies that already reached other users, or that were already streamed live to them, before deletion; (b) copies held in content-delivery and edge caches, until they expire on their normal cycle; (c) copies held in routine backups, for up to 30 days after deletion, which are used only for disaster recovery and are never used to restore a deleted account (see the Privacy Policy retention table); and (d) retention required by law, by a legal hold, or by JamStream's child-safety evidence-preservation obligations. Any sublicense granted under Section 3.2.2 is limited to the same purposes and ends on the same basis; no sublicense survives deletion except to the extent one of clauses (a) to (d) applies to it. JamStream is not required to retain or return your User Content after deletion except as required by law or the Terms. See Account Deletion.
3.2.5. No inconsistency with Section 2. Nothing in this Section 3.2 is a grant by JamStream to you of any music license, and nothing here relieves you of your obligation under Section 2 to clear all rights your performance requires.
3.2.5a. Between participants. Rights between the participants in a session — the peer cross-licence that lets contributions be performed, combined, and transmitted together (including the playback of broadcast Beat Maker patterns), the default that joining or improvising in a session is not, by itself, a manifestation of intent to co-author a joint work and that no co-authorship is intended or created by default, the consent a performer gives to a monetized session's transmission, the rule that no participant acquires a claim on another's Earnings by participating, and the treatment of recordings made with all-party consent (made outside the Service; JamStream takes no rights and no position on ownership; agree ownership in writing first) — are stated in Terms §9.2a. Nothing in this Section 3.2 gives any user any right in another user's contribution.
3.2.6. Moral rights and name/likeness. To the maximum extent permitted by applicable law, you waive, and agree not to assert against JamStream, its sublicensees, and its successors, any moral rights, droit moral, and rights of attribution or integrity you may have in your User Content (including under the UK Copyright, Designs and Patents Act 1988, sections 77–89), insofar as necessary for JamStream to exercise the license granted above. Where such rights cannot be waived, you consent to the acts licensed above to the extent the law permits. You additionally grant JamStream and its service providers a non-exclusive, worldwide, royalty-free license to use your username, display name, voice, image, likeness, and persona as they appear in your User Content, solely to operate and host the Service and to display your content to the people using it.
3.2.6a. Marketing use is opt-in, not opt-out. "Marketing use" means any use of your name, voice, image, likeness, or a still or excerpt of your performance in advertising or promotional material outside the Service — including app-store listings, social media accounts operated by JamStream, advertisements, press material, and promotional websites. JamStream will not make any marketing use of your name, voice, image, likeness, or performance unless you have separately and affirmatively opted in to it (Terms §9.2(d)), and you may withdraw that opt-in at any time for future use by writing to [email protected]. Withdrawal takes effect for all future marketing use; the only material it does not reach is material already published before you withdrew, which JamStream will stop using in new placements and will remove from material under its control on request where it is reasonably able to do so. There is no "incidental appearance" exception to this Section — the exception previously stated here has been removed, because on a platform whose entire product is live participation it would have swallowed the right it purported to grant. This Section mirrors, and is subject to, Terms §9.2(d) and §9.4a.
4.1. You must not use the Service to:
4.2. A violation of this Section 4 is a violation of the Terms and may result in removal or interruption of content and application of JamStream's repeat-infringer policy (Section 9), up to and including termination. See also Acceptable Use.
4.3. What the Service is provided for. JamStream is provided for the performance of original music, music you are licensed to perform, and music in the public domain. JamStream does not encourage, invite, solicit, reward, or assist the performance of any particular commercial song or recording; it does not rank, chart, feature, promote, or pay more for a performance because of which work is performed; and it does not offer a catalogue, chart, or curated collection of commercial songs or recordings. Featured and promoted surfaces on the Service are selected by engagement signals and by the policy criteria stated in the Terms — not by staff choosing musical material. This Section states JamStream's purpose in operating the Service so that there is no doubt about it, and it is consistent with Terms §11.10.
5.1. Right, not obligation, to remove. JamStream reserves the right, but assumes no obligation, in its sole discretion and without prior notice, to remove, disable, block, mute, cut, interrupt, refuse to transmit, or terminate access to any User Content or any live stream that JamStream believes may infringe a third party's rights or violate this Policy or the Terms.
5.2. No duty to monitor. JamStream does not pre-screen live performances, live audio, or live video for infringement, and undertakes no obligation to do so. Any voluntary moderation or safety measure JamStream may employ (including those described in Section 6) is undertaken at JamStream's discretion, does not create a duty to monitor, and does not constitute knowledge of any specific infringing activity. This position is supported by 17 U.S.C. § 512(m), by Article 8 of the Digital Services Act (Regulation (EU) 2022/2065), and by Article 17(8) of Directive (EU) 2019/790, each of which confirms that no general monitoring obligation may be imposed.
5.2a. What JamStream describes, and what it does not claim. This Policy describes the process JamStream operates. It does not assert that any particular statutory safe harbour, hosting defence, or liability limitation applies to JamStream — under 17 U.S.C. § 512, under the Electronic Commerce (EC Directive) Regulations 2002 as retained in United Kingdom law, under Article 6 of the Digital Services Act, or otherwise. Whether any of those applies to a live-streaming service that composites and relays performances in real time is a question of law for a court on the facts before it, and JamStream does not purport to answer it here. What JamStream does state, and what it will be held to, is what it actually does:
Nothing in this Section is a waiver of any defence or limitation of liability available to JamStream in law, and nothing in it is an admission that any particular regime applies.
5.3. Acting on notices. Nothing in this Section limits JamStream's commitment to respond expeditiously to valid notices of claimed infringement as described below.
5.4. No duty to monitor — Section 512(m) reservation (copyright-scoped). Consistent with 17 U.S.C. § 512(m), JamStream has no duty to monitor the Service or affirmatively seek facts indicating infringing activity. JamStream's voluntary safety moderation — including perceptual-hash CSAM matching, on-device NSFW screening, and text-chat moderation — is conducted solely for safety, child-protection, and legal-compliance purposes. JamStream operates no audio fingerprinting, music-identification, or other automated copyright-matching system, and none of the safety systems named above is capable of identifying a musical work or its rightholder. Such voluntary safety moderation does not constitute actual knowledge or awareness of copyright infringement, does not create a duty to monitor for copyright infringement, and does not waive or disqualify any limitation of liability available to JamStream under § 512 or under any other law. This Section is limited to copyright and does not qualify, reduce, or waive JamStream's CSAM, child-safety, or other safety obligations and representations, which remain in full force.
6.1. Automated and human moderation. To keep the Service lawful and safe, JamStream applies a layered moderation stack that operates without generally monitoring or storing your streams for that purpose:
6.2. Child-safety and CSAM. JamStream has zero tolerance for child sexual abuse and exploitation. Detected or reported CSAM is removed, the responsible account is terminated, evidence is preserved as required by law, and JamStream reports CSAM to the National Center for Missing & Exploited Children (NCMEC) and cooperates with law enforcement. For the avoidance of doubt, JamStream does use the Microsoft PhotoDNA Cloud Service for known-CSAM hash matching (a one-way hash of the image is sent to Microsoft; the image is not) and Sightengine for AI image classification (the image itself is sent to Sightengine), alongside the on-device detection, filtering, human-review, and NCMEC-reporting stack described here. See Child Safety and the Privacy Policy sub-processor table.
6.3. Voice and face processing for moderation (no biometric identifiers). Because moderation of live audio and video runs in real time, on-device components running on your own device process your camera and microphone streams — which may include your face and voice — for the limited purpose of the content-safety functions above. (This Section previously said "content-identification." It does not, because JamStream operates no system that identifies a musical work, a recording, or a person — see Sections 4.1(g) and 5.4 — and the word invited exactly that reading.) The on-device detection described in Section 6.1(a) analyzes frames locally on your device and returns only content-safety flags or scores; that component does not itself transmit or store your session audio or facial imagery on JamStream's servers. JamStream does not create voiceprints, does not use voice- or facial-recognition technology to identify you, does not capture or store biometric voice templates or face templates, and does not seek to identify any person from their face or voice.
6.3a. What does leave your device. The on-device statement above is scoped to the on-device component and must not be read more widely. An image you upload — a profile photo or a concert cover — is a different case: a one-way perceptual hash of it is sent to the Microsoft PhotoDNA Cloud Service, and the image itself is sent to Sightengine for classification, which includes apparent-minor detection (Section 6.1(b) and (b-1)). Live audio and live video are transmitted to the other participants in your session and are composited and relayed through JamStream's media infrastructure provider so that an audience can watch (Terms §11.8). JamStream states what it does and does not do, and does not state a conclusion about how any statute characterises it. An earlier version of this Section asserted that the Illinois Biometric Information Privacy Act and the special-category-data provisions of the GDPR were "not engaged"; that assertion was a legal conclusion on an unsettled question, published as though settled, and it has been withdrawn. The purposes, legal bases, recipients, retention periods, and your rights — including under the GDPR and under United States state privacy laws — are set out in the Privacy Policy, which governs.
6.4. Moderation measures are discretionary and do not limit, replace, or expand your obligations under Sections 2–4 or JamStream's rights under Section 5.
7.1. Who may submit. If you are a copyright owner, or a person authorized to act on behalf of a copyright owner, and you believe in good faith that material on the Service infringes your copyright, you may submit a written notice of claimed infringement (a "DMCA Notice") to JamStream's Designated Agent (Section 8).
7.2. Consider fair use first. Before submitting a DMCA Notice, you should consider whether the use of your material is authorized by law, including whether it constitutes fair use. Under Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016), a copyright owner must form a good-faith belief that the use is not authorized by law, including fair use, before sending a takedown notice.
7.3. Required elements. To be effective under 17 U.S.C. § 512(c)(3), your DMCA Notice must include all of the following:
7.4. Warning against false claims (17 U.S.C. § 512(f)). Under Section 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or its authorized licensee, or by JamStream. Do not make false claims.
7.5. JamStream's response to a valid DMCA Notice. Upon receipt of a DMCA Notice that substantially complies with Section 7.3, JamStream will act expeditiously to remove or disable access to the material claimed to be infringing (or, in the case of a live stream, to interrupt, mute, cut, or terminate it as appropriate). JamStream will take reasonable steps to notify the affected user and will record the notice against that user's account for purposes of the repeat-infringer policy in Section 9. If your notice does not substantially comply with Section 7.3, JamStream may disregard it, but if it substantially complies with clauses (b), (c), and (d), JamStream will take reasonable steps to contact you so that you may submit a compliant notice.
7.5a. What the affected user is told. Where a notice is upheld and recorded against an account, JamStream sends that user an in-Service notification which states that a copyright notice against their content was upheld, gives the current strike count and the strike limit, and tells them how to file a counter-notice. On request to [email protected], and to the extent JamStream is lawfully able to provide it, JamStream will also give the affected user the identification of the work and of the material complained of, the date of the notice, and the notice reference. United States law requires that a copy of any counter-notice you file, including your name, address, and telephone number, be forwarded to the complainant (Section 10), so the complainant's identity is not withheld from a user who takes that step. For users in the European Union, this notification together with the information available on request is intended to serve as the statement of reasons under Article 17 of the Digital Services Act; if you consider it insufficient, write to [email protected] and ask for it to be completed.
7.6. Submitting a DMCA Notice does not create any obligation for JamStream beyond those imposed by applicable law, and JamStream's removal or disabling of material in response to a notice is not an admission of any fact or liability.
7.7. How to submit. Send your DMCA Notice to JamStream's Designated Agent at [email protected], or use the in-app copyright-report form:
8.1. JamStream has designated the following agent to receive DMCA Notices and counter-notifications:
| DMCA Designated Agent |
|---|
| Designated Agent: Daniel Lozinski (Copyright Agent), JamStream Ltd (ג'אמסטרים בע"מ) |
| On behalf of: JamStream Ltd (ג'אמסטרים בע"מ), company registration number (ח.פ.) 517333407, Israel |
| U.S. Copyright Office Registration Number: DMCA-1071818 |
| Mailing address: Havatselet 6, Kiryat Yam, Israel |
| Email (copyright): [email protected] |
| Legal Department: [email protected] |
8.2. JamStream's Designated Agent is registered with the United States Copyright Office DMCA Designated Agent Directory (dmca.copyright.gov) under registration number DMCA-1071818, pursuant to 17 U.S.C. § 512(c)(2) and 37 CFR § 201.38. A designation must be renewed at least once every three years or it expires, and JamStream undertakes to maintain and renew that registration on that cycle and to update it promptly on any change to the agent's contact details. JamStream intends the designation published above to correspond to the Copyright Office record; the Office's directory is the authoritative record, and if you find any discrepancy between this page and that record, please tell JamStream at [email protected] and it will be corrected.
8.2a. How to reach the Designated Agent. Written notice by email is the fastest and preferred channel, and is monitored: [email protected]. Notices and counter-notifications may also be sent by post to the agent's address in the table above, and to the address on record with the United States Copyright Office. A notice is effective when it contains the elements listed in Section 7.3, whichever channel it arrives by; JamStream does not require any particular medium and will not reject an otherwise complete notice for having been sent one way rather than another.
8.3. The contact above is for copyright matters. The Designated Agent handles copyright notices and counter-notifications. If you send something else to that address, it will be routed internally to the team that handles it rather than ignored — this matters because Sections 11.3, 11.5, and 11.7 invite notices under United Kingdom, European Union, and Israeli law at this address, and the validity of such a notice does not depend on it reaching the right mailbox. You will get a faster answer by using the right contact directly: [email protected] (privacy), [email protected] (safety, child-safety, and other trust-and-safety concerns), [email protected] (appeals against a moderation or removal decision), [email protected] (Digital Services Act point of contact), or [email protected] (general legal).
9.1. Policy. In accordance with 17 U.S.C. § 512(i), JamStream has adopted, and will reasonably implement, a policy providing for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. JamStream is committed to implementing this policy in practice, not merely on paper.
9.2. Strike tracking — what is counted, stated as one rule. JamStream records notices of claimed infringement against the specific account(s) responsible for the material identified. A notice becomes a "strike" only when a JamStream reviewer examines it and upholds it. An unreviewed notice is not a strike, however many arrive; a notice that is withdrawn, rejected on review, resolved by a counter-notification, or not tied to a specific identified account produces no strike; and a strike is never recorded on the basis of a report filed by the person deciding it. This is the same unit of count as Terms §12.5 and Acceptable Use Policy §3.7.5, and where any statement elsewhere refers to "uncontested" notices it is to be read as meaning notices upheld on review. A strike is recorded only for infringement committed on or through the Service by the account struck: a notice about a copy of a session hosted on another platform is not a strike against any participant in that session unless that participant made, authorized, or distributed the copy — a performer is never struck for being the victim of a recording Terms §9.3a prohibits — though such a notice may still ground a strike where the underlying live performance on the Service itself infringed.
9.2a. Presumptive threshold. A user is presumptively a repeat infringer once three (3) or more copyright notices naming that account have been reviewed and upheld within any rolling 12-month period (Section 9.2 — upheld on review is the unit of count, not merely received or uncontested), or upon any evidence of willful or systematic infringement, and such accounts are subject to termination following review. A person always decides, but be clear about when: the third strike is recorded only when a reviewer upholds the third notice, and where that reviewer holds account-termination authority, the permanent ban is written at the same moment as the strike, in the same operation — there is no second, separate review between the two. Where the reviewer does not hold that authority, no ban is written and the case is escalated for administrator sign-off. So the threshold never fires on its own, without any human act; but for a reviewer who can ban, upholding the third notice is the termination decision. An earlier version of this paragraph said only that reaching the threshold "does not terminate an account automatically", which read as promising a further review that does not always occur. JamStream may accelerate this determination based on the severity of the infringement. Strikes are counted on a rolling twelve-month window; a strike older than twelve months no longer counts toward the threshold.
9.2b. The policy applies identically to every account, whatever it is worth. Strike tracking, the threshold in Section 9.2a, and termination apply in exactly the same way regardless of whether an account holds a paid upgrade tier, has purchased coins, has a US dollar Earnings balance, hosts ticketed Concerts, or generates revenue for JamStream. No account is exempted, given a higher strike threshold, or given a longer grace period on account of what it earns or spends. This restates Section 9.4 and is stated separately because it is the point on which a repeat-infringer policy is most often tested.
9.3. Termination in appropriate circumstances. JamStream terminates the accounts of repeat infringers in appropriate circumstances. JamStream treats the accumulation of upheld infringement notices at the threshold stated in Section 9.2a as grounds for termination, and weighs the number, recency, severity, and willfulness of the infringements in each case. JamStream reserves the right to terminate for fewer notices in egregious cases, and to immediately suspend or terminate any account — with or without prior notice, and regardless of strike count — for egregious, willful, large-scale, or commercial infringement, or where required by law.
9.4. No exemptions for upgraded or high-value users. This policy applies equally to all users. Users on an optional upgrade tier (including "Pro," "VIP," or "Vanguard"), high-earning creators, concert hosts, and battle participants are not exempt from strike tracking or termination.
9.5. No ban evasion. Users whose accounts are terminated under this policy are prohibited from creating, operating, or using another JamStream account, and from accessing the Service, whether directly or through another person. JamStream may block re-registration and take other steps to prevent circumvention. A terminated user will not be silently reinstated; any reinstatement is at JamStream's sole discretion and only in genuinely exceptional circumstances (for example, where strikes were later shown to be invalid or were withdrawn).
9.6. Coordination with other policies. This copyright repeat-infringer policy operates independently of, and in addition to, JamStream's other enforcement and trust-and-safety policies.
9.6a. What termination does, and does not do, to money. These three things are not alike and are not treated alike:
Nothing in this Section limits a right or remedy your local mandatory consumer law gives you.
10.1. When you may file. If your material was removed or disabled in response to a DMCA Notice and you believe in good faith that the material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification (a "Counter-Notice") to JamStream's Designated Agent (Section 8).
10.2. Required elements. To be effective under 17 U.S.C. § 512(g)(3), your Counter-Notice must include all of the following:
10.3. Warning against false counter-notices (17 U.S.C. § 512(f)). Under Section 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages, including costs and attorneys' fees. Do not file a false Counter-Notice.
10.4. What happens after a valid Counter-Notice (17 U.S.C. § 512(g)(2)). A Counter-Notice submitted through the in-Service form or by email is recorded and returns a reference number, and is placed in the review queue. On review, JamStream forwards a copy of the Counter-Notice to the person who submitted the original DMCA Notice and informs that person that JamStream may restore the removed material in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless JamStream first receives notice from the original complainant that they have filed a court action seeking to restrain the allegedly infringing activity. Those periods are set by 17 U.S.C. § 512(g)(2)(C) and are stated here because the statute requires them; they run from JamStream's receipt of your Counter-Notice. If you have filed a Counter-Notice and have not heard anything within 14 business days, write to [email protected] quoting your reference and JamStream will tell you the position.
10.4a. What "restoration" can and cannot mean here. A live performance that has already ended cannot be re-transmitted; there is nothing to put back, because JamStream does not store performances. For material that persists — a profile photo or other profile item, an uploaded image, a concert cover, a chat message, or a suspended account or account feature — restoration means re-enabling it. Where the only consequence of the notice was a strike on your account, the effective remedy is removal of the strike under Section 10.5 rather than restoration of anything.
10.5. Effect on strikes. Where a Counter-Notice is validly resolved in your favour — including where the complainant does not pursue the matter within the period in Section 10.4 — the associated strike does not count toward the threshold in Section 9.2a. Withdrawn notices are treated the same way.
10.6. How to submit. Send your Counter-Notice to JamStream's Designated Agent at [email protected], or use the in-app counter-notice form:
10.7. If your material was removed under a notice that was NOT a US DMCA notice. The counter-notice procedure in this Section is a creature of United States law and applies only to removals made in response to a DMCA Notice. Section 11 creates several other inbound routes — United Kingdom notices, Digital Services Act Article 16 notices, EU Copyright Directive Article 17 notices, and notices under the Israeli Copyright Act, 2007 — and a removal under any of those is contested differently. Write to [email protected], stating: what was removed or stopped and where it appeared; the date and, if you have it, the reference from the notification you received; and why you say the decision was wrong — including if you say your use was permitted by law. You do not have to give a mailing address or telephone number, and you are not asked to consent to any court's jurisdiction, to use this route. The decision will be reviewed by a person, not only by an automated system, and JamStream will tell you the outcome and its reasons. Use this route also to contest a strike recorded under Section 9 on non-US grounds. This route is free of charge, and using it does not affect any other right you have, including your right to go to a court or to an out-of-court dispute settlement body (Section 11.6a).
11.1. Global service, layered law. JamStream Ltd (ג'אמסטרים בע"מ) is organized under the laws of Israel and operates a global service. The U.S. DMCA safe harbor is specific to the United States. Rights holders and users in the United Kingdom and the European Union may also invoke notice-and-action mechanisms under local law, and JamStream will act on valid notices under applicable local law, not only the U.S. DMCA.
11.2. United Kingdom. JamStream provides its Service to users in the United Kingdom and is subject to applicable UK law even though the operating entity is established in Israel. For UK users and works, copyright is governed by the Copyright, Designs and Patents Act 1988, and the Electronic Commerce (EC Directive) Regulations 2002 (as retained in UK law) address the position of a host — though, as Section 5.2a says, JamStream does not assert that any particular defence applies to it. JamStream is also subject to the Online Safety Act 2023 in respect of the Service. JamStream does not claim in this Policy that its systems satisfy any particular duty under that Act, and in particular makes no claim about the children's-access duties or about age assurance; what it states is what it operates: reporting and complaints routes that are free to use and are published in Section 18, human review of removal decisions on request (Section 10.7), and action on valid notices. Rights holders may submit notices of claimed infringement to [email protected] or [email protected], and JamStream will act expeditiously on valid notices.
11.3. European Union. For EU users, the notice-and-action provisions of the Digital Services Act (Regulation (EU) 2022/2065), Article 16, apply. A notice submitted under Article 16 should identify the allegedly infringing content and its precise electronic location (for example, the relevant URL or identifier), explain why the content is unlawful, include the notifier's name and contact details (except in certain cases involving specified offences), and include a statement of the notifier's good-faith belief that the information is accurate and complete. JamStream will process valid Article 16 notices in a timely, diligent, non-arbitrary, and objective manner and will provide the affected user and the notifier with the information required by the DSA.
11.3a. The Article 16 mechanism in practice. The electronic submission routes in Sections 7.7 and 10.6 — the in-Service copyright-report form and the in-Service counter-notice form — together with [email protected] and [email protected], are JamStream's Article 16 notice mechanism. They are electronic, free to use, and available to anyone; no account is required to send a notice by email. When a notice is submitted through an in-Service form, a reference number is returned on submission — that is your confirmation of receipt, and you should keep it. Notices sent by email are acknowledged to the address they were sent from. JamStream will inform the notifier of its decision on the notice and of the redress routes available to them, which include the internal complaint route in Section 11.6a, an out-of-court dispute settlement body, and the courts.
11.3b. Automated means are used, and here is where. JamStream uses automated systems in handling notices and in moderation generally: the uploaded-image and live-video screening described in Section 6, text and toxicity filters, rate limiting and spam filtering on the notice intake, and automated queueing and prioritisation of reports. No account is terminated for copyright infringement by an automated system — the decision at the repeat-infringer threshold is made by a person (Section 9.2a) — and any decision to remove content or stop a performance on copyright grounds is reviewable by a person on request (Sections 10.7 and 11.8). This disclosure is given under Article 16(6) of the Digital Services Act and is consistent with the automated-decision-making disclosures in the Privacy Policy, which govern the detail.
11.3c. When a notice takes effect. A notice that contains the elements listed in Section 11.3 takes effect on receipt, not when it reaches the top of a queue. JamStream does not treat internal triage as deferring the point at which it is on notice of what a valid notice tells it.
11.4. No over-promised monitoring. JamStream's willingness to act on valid UK and EU notices does not constitute, and shall not be construed as, an undertaking to generally monitor User Content or to actively seek facts indicating illegal activity, and is without prejudice to the no-monitoring position stated in Section 5.2.
11.5. How to submit. UK and EU notices may be sent to [email protected] (or, for copyright specifically, [email protected]). Please state the legal basis on which you are submitting the notice.
11.6. EU Digital Services Act point of contact. For the purposes of the Digital Services Act (Regulation (EU) 2022/2065), including Articles 11, 12, 16, and 17, JamStream's electronic point of contact for recipients of the Service, and for authorities where applicable, is [email protected]. Through this contact and our notice-and-action mechanisms, JamStream provides statements of reasons for content and account actions and offers an internal complaint-handling process; complaints and appeals against a moderation or removal decision may be submitted to [email protected]. Communications may be submitted in English. This point of contact supplements, and does not replace, the copyright Designated Agent in Section 8 or the Article 16 mechanism in Section 11.3.
11.6a. Complaints, appeals, and out-of-court dispute settlement. If JamStream removes your content, stops your performance, records a strike against your account, or suspends or terminates your account on copyright grounds, or if it declines to act on a notice you submitted:
Where JamStream is required to publish transparency information under Article 15 of the Digital Services Act, it will publish it at jamstream.live.
11.7. Israel and EU Copyright Directive. In addition to the U.S. DMCA and the UK and EU notice-and-action mechanisms above, JamStream accepts and acts on copyright notices under the EU Copyright Directive (Directive (EU) 2019/790), Article 17, and the Israeli Copyright Act, 2007. Send such notices to [email protected] (or [email protected]); please state the legal basis on which you are submitting the notice. JamStream acts expeditiously to remove or disable access to content that is the subject of a validly-substantiated notice.
11.8. User safeguards on copyright removals — quotation, criticism, parody, and human review. Copyright is not absolute, and enforcement of it on this Service is not either. The following apply to every user, and to users in the European Union they reflect Article 17(7) and Article 17(9) of Directive (EU) 2019/790:
This Section is a summary. It is here only because money changes what rights a performance needs (Section 2.6a) and because termination under Section 9 has financial consequences (Section 9.6a). Coins & Payments and Refunds are the complete and governing statements on everything in this Section; where they differ from this summary, they govern (Section 1.3).
12.1. What coins are. Coins are a limited-purpose virtual item used inside the Service (for example, to send tips, gifts, and SuperChat). Coins are not legal tender, are not a bank deposit, have no cash value, and cannot be redeemed for money. There is no exception to this and no cashout of coins of any kind.
12.2. Buying coins. Coins may be purchased with real money on the JamStream website via PayPal, and inside the iOS and Android apps through the app store's own billing system (Apple In-App Purchase or Google Play Billing), at the local price the store displays. Refunds for an in-app purchase are handled by the app store that took the payment. See Refunds.
12.3. Earning — dollars, not coins. When another user tips, gifts, SuperChats, pays for a song request, subscribes, donates, or buys a Concert ticket, the coins they spend are consumed and the recipient receives no coins. The recipient is credited in US dollars at the rate and share published in Terms §8.4b. Free, promotional, and bonus coins may be granted from time to time; because no one paid for them, spending them credits the recipient $0.00. There is no carve-out: the referral bonus paid to a referring user is also Coins only and credits $0.00 in Earnings (Terms §8.15).
12.4. Being paid. No coin of any kind is ever withdrawn, redeemed, or converted into money. Only a performer's US dollar Earnings are paid. Payment is subject to stated conditions — including identity and contact verification, the absence of an open fraud, chargeback, or sanctions investigation, a minimum payment amount, and each earning having cleared the refund window of the payment channel that funded it. JamStream may withhold payment while one of those conditions is unmet or while a matter is under investigation; it is not a right to refuse a validly earned balance at will, and a balance withheld is not thereby forfeited (Section 9.6a). If payment is refused or withheld you may contest it at [email protected]. The complete and governing rules — the conditions, the minimum, the settlement windows, and the review rights — are in Terms §8.14 and Coins & Payments §9.
JamStream may change these parameters prospectively under Terms §23.5, which also provides that no change reduces a US dollar Earnings balance already credited to you before the change took effect.
12.5. Taxes and tax reporting. You are responsible for all taxes on amounts you earn. JamStream does not issue Form 1099-K, Form 1099-NEC, or any other tax form, does not collect tax forms, and does not collect taxpayer identification numbers. JamStream does not withhold tax from any payout. You should therefore assume that no tax form will be issued to you for a payout, and that reporting your income is yours to do. Whether any payment processor or other third party involved in a payout has its own reporting or withholding obligation, and whether it will issue you a form, is a matter between you and that third party under its own terms and thresholds — JamStream makes no representation about it and nothing in this Policy should be relied on as tax advice. Consult a tax adviser in your jurisdiction.
12.6. What coins are not. Coins are a limited-license, closed-loop virtual item for use on the Service — they are not stored value, not e-money, not a general-purpose payment instrument, and not a deposit, and they are never redeemed for money by anyone. JamStream is not a bank and coins are not FDIC-insured. Nothing here is an offer of a deposit account or an investment. A performer's US dollar Earnings are paid to the PayPal address the performer provides, and JamStream retains a platform fee for its services. (An earlier version of this Section named a particular disbursement product and characterised a third party's regulatory status. JamStream is not in a position to make representations about another company's regulatory status, and those statements have been removed.) Full terms, including forfeiture, settlement, and chargeback rules, are in Coins & Payments, which governs.
13.1. Concerts (ticketed events). Concerts are paid, ticketed live events. Buying a ticket confers no music rights on anyone — not the buyer, not the host — and hosting a Concert imposes the heightened rights-clearance obligations in Sections 2.6 and 2.6a. If a Concert is stopped part-way through on copyright grounds, the ticket-holders' and host's position is governed by Refunds and Coins & Payments, which set out the refund triggers, the currency in which a ticket is refunded, and how a refund is charged. This Policy makes no separate refund promise and none should be read into it.
13.2. Optional upgrade tiers. The optional tiers ("JamStream Pro," "VIP," "Vanguard") and Fan Support are purchased with coins drawn from your coin balance. Their prices, billing intervals, renewal and cancellation mechanics, and the disclosures made before each renewal are set out in Terms §8.17 to §8.20 and in Coins & Payments, which govern. The only point that belongs in a copyright policy is this one: holding any tier gives you no music rights and no exemption from anything in this Policy, including the repeat-infringer policy in Section 9 (Sections 9.2b and 9.4). (An earlier version of this Section described a US$19.99 monthly Access Membership as the way access to the platform is obtained. That description no longer matches the Service and has been removed; Refunds and Coins & Payments describe the products that exist.)
14.1. The Privacy Policy is the complete and governing statement of what personal data JamStream collects, why, on what legal basis, how long it is kept, who receives it, and what rights you have. This Policy does not restate it and any summary here is subordinate to it (Section 1.3). Two points are given here because they arise directly from this Policy: the moderation processing described in Section 6, and the fact that filing a counter-notice under Section 10 requires JamStream to send your name, mailing address, and telephone number to the person who filed the notice against you.
14.2. Who receives personal data. JamStream uses third-party service providers, and it does not sell personal data. The authoritative list of recipients is the sub-processor table in the Privacy Policy, which is maintained as the single source; no list in this Policy is exhaustive. Recipients named in this Policy alone include the Microsoft PhotoDNA Cloud Service (which receives a one-way hash of an uploaded image, not the image) and Sightengine (which receives the uploaded image itself) — see Sections 6.1 and 6.3a. (An earlier version of this Section said that data was shared "only with" three named providers, while Section 6 of this same Policy named two others. That statement was wrong and has been replaced by a reference to the maintained list.)
15.1. This Policy's procedures are designed for copyright claims. If you believe your trademark, right of publicity, right of privacy, or other (non-copyright) right has been infringed on the Service, please contact [email protected] with a detailed description of the claim, the specific content or account at issue and its location on the Service, the right you assert, and your contact information. Child-safety and other urgent trust-and-safety concerns should be sent to [email protected].
15.2. Trademark, impersonation, and voice/likeness (NO FAKES) complaint intake. The 17 U.S.C. § 512(c)(3) notice elements above govern copyright complaints only. The action timelines for these complaints (live conduct interrupted as promptly as practicable; stored content acted on within 72 hours), the accused user's response-and-restoration path, and the repeat-violator rule are stated in Terms §12.8, which governs them. For non-copyright claims — including trademark infringement, impersonation of a real person or organization, and unauthorized use of a person's name, voice, image, or likeness (including AI voice clones and deepfakes under the ELVIS Act, state right-of-publicity laws, and the federal NO FAKES Act if and when enacted; see the Terms, Sections 9.4a and 25.7) — JamStream provides a dedicated intake channel. Submit such complaints to [email protected] with the subject line "TRADEMARK / IMPERSONATION / LIKENESS COMPLAINT," or use the in-Service report tools. A valid non-copyright complaint should include: (a) your name and contact information; (b) your identity as, or authority to act for, the rights-holder or depicted person; (c) identification of the mark, identity, voice, or likeness at issue and the basis of the right you assert; (d) identification of the content complained of and information reasonably sufficient to locate it (Room name, username, and approximate date and time; profile URL; or chat-message timestamp); (e) a statement that you have a good-faith belief that the use is unauthorized by the rights-holder, the depicted person, or the law; and (f) a statement that the information in the complaint is accurate. JamStream reviews these complaints through its trust-and-safety and legal processes and takes action consistent with these Terms and applicable law.
16.1. Indemnification — two different clauses for two different populations. Which paragraph applies to you depends on the capacity in which you use the Service.
(a) If you use the Service in a business or professional capacity — including if you host ticketed Concerts, or if you monetize performances through tips, gifts, SuperChat, song requests, Fan Support, or otherwise receive US dollar Earnings as part of a trade or profession — you will defend, indemnify, and hold harmless JamStream Ltd (ג'אמסטרים בע"מ) and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, demands, actions, damages, liabilities, losses, costs, and reasonable attorneys' fees arising out of or related to (i) your User Content; (ii) your infringement or misappropriation of any copyright or other intellectual-property or publicity right, including any failure to obtain any music license or other right required by Section 2 or Section 3; and (iii) your breach of this Policy or the Terms. This paragraph pairs with the host representation and warranty in Section 2.6.
(b) If you are a consumer — a natural person using the Service for purposes outside any trade, business, craft, or profession — you are liable to JamStream only for losses and reasonable costs that JamStream actually incurs and that are directly caused by your established breach of this Policy or the Terms, or by your established infringement of a third party's rights. For a consumer: the word "alleged" does not appear and a bare allegation triggers nothing; you are under no duty to fund or conduct JamStream's defence of any claim; you are not liable for indirect or consequential loss or for loss of profits; and you are not liable for anything arising from JamStream's own acts, omissions, negligence, or breach.
(c) Limits that apply to both paragraphs. Nothing in this Section requires you to indemnify JamStream for any liability that cannot lawfully be shifted to you, for JamStream's own gross negligence or wilful misconduct, or for JamStream's own primary liability to a rightholder where the applicable law imposes it on JamStream directly (Sections 2.1 and 2.4a). This Section does not apply to you at all to the extent that the mandatory consumer law of your country of residence would make an indemnity of this kind unfair or unenforceable — including under the Israeli Standard Contracts Law 5743-1982, Council Directive 93/13/EEC in the European Union, and the Consumer Rights Act 2015 in the United Kingdom. JamStream will notify you promptly of any claim for which it seeks indemnity, will not settle it in a way that admits fault on your part or imposes an obligation on you without your consent, and will let you participate in its defence.
16.2. Disclaimer — read the savings sentence first. Nothing in this Section 16.2 excludes, restricts, or limits any right or remedy you have as a consumer that cannot lawfully be excluded, restricted, or limited — including the statutory quality and conformity rights that apply to paid digital content and digital services under the UK Consumer Rights Act 2015, under Directive (EU) 2019/770 and the mandatory consumer law of the EU member states, and under the Israeli Consumer Protection Law 5741-1981. Subject to that, and to the fullest extent permitted by applicable law, the Service and User Content are provided "AS IS" and "AS AVAILABLE," and JamStream disclaims implied warranties to the extent it lawfully may. The following part of this disclaimer is not subject to that qualification and is stated absolutely, because it is a statement of fact rather than an exclusion of liability: JamStream gives no warranty that any User Content is non-infringing, and no warranty that any music performed, streamed, or shared by a user on the Service is licensed or cleared. It is not, and you must not treat it as, a representation that anything you perform is safe to perform.
16.3. Limitation of liability. Any limitation of JamStream's liability is set out in the Terms and applies to this Policy. Such limitations apply to the fullest extent permitted by applicable law.
16.4. Non-excludable consumer rights (UK/EU and other jurisdictions). Nothing in this Policy, and nothing in the Terms as applied to this Policy, excludes, restricts, or limits any right or remedy that cannot lawfully be excluded, restricted, or limited, including: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; and (c) any statutory rights of consumers, including rights under the UK Consumer Rights Act 2015 and the mandatory consumer-protection laws of the European Union and its member states. Where any provision of this Section 16 would otherwise be unenforceable against you as a consumer, it applies only to the extent permitted by the mandatory law applicable to you.
17.1. Severability. If any provision of this Policy — including the license grant in Section 3.2, any disclaimer, or any indemnity — is held to be invalid or unenforceable by a court or competent authority, that provision is severed and the remaining provisions continue in full force and effect. Where this Policy states a narrower alternative version of a provision that applies if the broader one does not (as Section 16.1 does), the narrower version applies according to its own terms. This Policy does not ask any court to rewrite, narrow, or reform a provision it has found unfair or unenforceable, and no such request should be read into it; in the European Union and the United Kingdom a term found unfair against a consumer is not enforceable and is not to be revised.
17.2. No waiver. JamStream's failure to enforce any provision of this Policy is not a waiver of its right to do so later. No waiver is effective unless in writing.
17.3. Changes to this Policy. This Policy is part of the Terms, and it is changed by the mechanism in Terms §23.5, which governs. In summary: JamStream may change this Policy only for one of the reasons stated in Terms §23.5(d) — such as a change in law, regulation, or regulatory guidance; a change in the licences JamStream holds; a change to the Service or its technology; the correction of an error or inconsistency; or the need to address fraud, abuse, or a security or safety risk. How a change to this Policy actually takes effect, stated exactly. The Service's re-acceptance gate compares the published version of the Terms and of the Privacy Policy against the versions recorded on your account (Terms §23.5(c-1)). This Policy does not carry a version number that the Service records, so a change made to this Policy alone does not present you with an acceptance prompt. JamStream says that rather than describing a gate that would not fire. A change to this Policy therefore binds you prospectively only, from its stated effective date, and only for one of the reasons above; where JamStream wants a change here to be affirmatively accepted, it publishes it together with an incremented version of the Terms — which is what the releases of 16 August 2026 and 18 August 2026 each did. Continued use of the Service is not, by itself, acceptance of a change — Terms §23.5(e) says so and prevails over any statement to the contrary. Changes are not retroactive. Where a change materially alters what this Policy tells you about what you may lawfully perform, JamStream will bring it to your attention rather than relying on the updated Effective Date alone.
17.4. Relationship to the Terms. Subject to the precedence rule in Section 1.3, this Policy supplements and is governed by the Terms, including the Terms' provisions on governing law, dispute resolution, arbitration and its limits, and consumer rights. Section 1.3 states the only precedence rule; if this Section and Section 1.3 appear to conflict, Section 1.3 applies.
17.5. Language and interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
| Purpose | Contact |
|---|---|
| DMCA notices and counter-notifications | [email protected] |
| General legal / trademark / UK & EU notices | [email protected] |
| Privacy matters | [email protected] |
| Safety, child-safety, and trust-and-safety concerns | [email protected] |
| EU Digital Services Act point of contact / appeals | [email protected] / [email protected] |
The Service is operated by JamStream Ltd (ג'אמסטרים בע"מ), a company organized under the laws of Israel, company registration number (ח.פ.) 517333407, registered office: Havatselet 6, Kiryat Yam, Israel. Postal notices may be sent to that address; email is the fastest route for the matters listed above.
Related policies: Terms · Privacy Policy · Copyright/DMCA · Coins & Payments · Acceptable Use · Child Safety · Account Deletion.