Effective Date: February 23, 2018
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, REGISTERING FOR AN ACCOUNT, AND/OR CLICKING TO INDICATE THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE SERVICES OR REGISTER FOR AN ACCOUNT ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), THEN YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS, AND THE TERM “YOU” INCLUDES THAT COMPANY, ORGANIZATION, OR ENTITY. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 18, you may not use or access the Services. If 1212 discovers or has any reason to suspect that you are not at least 18 years of age, 1212 reserves the right to suspend or terminate your access to the Services immediately and without notice.
Prior to access and use of certain Services or Service features, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms, including (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. If you are an individual accessing or using the Services on behalf of a company, organization, or entity (such as your employer), you acknowledge and agree that your access and use of the Services may be governed by Additional Terms entered into by that company, organization, or entity. To the extent of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
In order to access certain Services or Service features, you may be provided with or required to register for a user account (“Account”). If you register or apply for an Account, you must provide 1212 with current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that you will keep your Account information up to date so that it is complete and accurate and that 1212 may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account. You must notify 1212 immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your account status or other criteria, your Account may not have full access to all Services or all Service features. You agree not to attempt to access any restricted Services or Service features.
SERVICES AND CONTENT USE
You may view the Services and any information, content, graphics, text, images, sound files, video, communications, documents, files, and other materials (“Content”) on your device. Except for the limited right to view set forth in this Section, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, or otherwise assign the Services or Content to any third party without 1212’ express written consent, and all rights not expressly granted are reserved by 1212. You acknowledge that the Services and Content (defined below) may contain security or access control mechanisms that permit digital materials to be readily identified or protected from copying or dissemination, and agree not to circumvent, disable, or modify any of those mechanisms or encourage or assist others in doing so. You agree that when using the Services or Content, you will not engage in or attempt to engage in any improper uses. Improper uses include violating these Terms, any applicable law or regulation, or the 1212 Website Usage Rules. If 1212 suspects violations of any of the foregoing, 1212 may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with 1212 in investigating suspected violations. You authorize 1212 to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that 1212 considers to be illegal or a violation of these Terms.
1212 does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Services by users of the Services (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that 1212 will not treat it as such. You grant to 1212 and all other users who have access to Your Content through the Services or otherwise, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. 1212 is under no obligation to post User Content in the Services and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of 1212 or any third party or violate any agreement with 1212 or any third party, or any applicable law. If 1212 suspects violations of the foregoing, 1212 may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to 1212 or make available through the Services.
You have no obligation to—but may provide—suggestions, comments, or other feedback to 1212 with respect to the Services (“Feedback”). You agree that all Feedback is given voluntarily and it is not and will not be treated as confidential even if you designate it as confidential. You will not give Feedback that is subject to license terms that seek to require any 1212 product, technology, service, or documentation incorporating or derived from Feedback, or any 1212 intellectual property, to be licensed or otherwise shared with any third party. 1212 will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided to 1212 through any manner or means, as it sees fit, entirely without obligation to you or restriction of any kind on account of intellectual property rights or otherwise.
SUPPORT AND AVAILABILITY
1212 has no obligation to, and might not, provide support in relation to the Services, Content, your Account, or User Content. 1212 does not guarantee availability of the Services, Content, your Account, or User Content and your access is permitted only if and when they are available. The Services may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, 1212 reserves the right to discontinue your access to the Services, your Account, or to any Content provided or made available to you through use of the Services at any time without notice to you.
CHANGES TO THESE TERMS
1212 reserves the right to change these Terms at any time upon notice. 1212 may give notice by making the updated Terms available through the Services, sending you an e-mail, or by any other reasonable means. You can view the most current version of the Terms at any time at www.1212music.com The updated Terms are binding on you as of the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must terminate your Account and stop using the Services and Content before the effective date. Your continued use of the Services or Content after the effective date will constitute your acceptance of the updated Terms.
THIRD-PARTY WEBSITES AND LINKS
THIRD-PARTY PRODUCTS AND SERVICES
You may need to use or obtain additional products or services in order to use the Services or Content, such as internet access, a device, or a data connection. Third-party products and services may require additional fees. You must obtain all third-party products and services separately and pay all associated charges. 1212 does not endorse or sponsor any third-party products or services and does not have control over such products or services. 1212 is not responsible for any third-party product or service.
You may terminate your Account or your use of the Services at any time. 1212 reserves the right to terminate your Account, these Terms, and/or suspend or terminate the Services at any time with or without prior notice.
DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, AND USER CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. 1212 AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, 1212, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE SERVICES, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SERVICES, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
DISCLAIMER OF CERTAIN DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 1212 OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT, EVEN IF 1212 OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED, 1212 AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
The exclusion of damages under this Agreement is independent of your exclusive remedy as contained herein and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability set forth herein applies without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
NOTICE ON POTENTIAL LIMITS
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing herein will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You agree to defend, indemnify, and hold 1212 and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Content or your use of the Services; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. 1212 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 1212 in asserting any available defenses.
GOVERNING LAW AND VENUE
These Terms will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of laws provisions. Subject to the Arbitration Provision, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in the State of California for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms.
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” 1212’ failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on 1212 if it is in a written document signed by 1212. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and 1212 intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and 1212 agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. 1212 may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of 1212’ successors and assigns. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and 1212 with respect to the Services. Both you and 1212 warrant to each other that, in entering this agreement, neither 1212 nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and 1212, or 1212’ successors and assigns, will have any right to enforce these Terms.
1212 may give you all notices (including legal process) that 1212 is required to give by any lawful method, including by making notice available through the Services or on 1212’ web site located at www.1212music.com or by sending it to any e-mail or mailing address that you provide to 1212. You acknowledge that if you do not provide 1212 with current and accurate contact information, 1212 may not be able to contact you. You agree to send 1212 notice by mailing it to the following address:
3108 Glendale Blvd.
Los Angeles, CA 90039
NOTICES OF CLAIMS OF COPYRIGHT VIOLATIONS AND AGENT FOR NOTICE
If you are a copyright owner and have a good faith belief that any material available on the Services infringes upon your copyrights, you may submit a copyright infringement notification to 1212 pursuant to the Digital Millennium Copyright Act by providing 1212 with the following information in writing:
· An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material you claim is infringing is located on the Services, with enough detail that 1212 may find it on the Services;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
1212’ agent for notice of claims of copyright infringement can be reached as follows:
3108 Glendale Blvd.
Los Angeles, CA 90039
By e-mail: email@example.com
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material infringes your copyright, you should contact an attorney prior to sending notice.
Effective date: March 2, 2018
· the transfer of information about you to servers located both within and outside the United States, as necessary.
Company collects certain personal information from users of these Services. To create user accounts, authorized users must provide certain contact and account information such as name, e-mail address, billing address, and phone number in order to access, license and download images and content, and use Services. Company may use certain account information such as credit or debit card number and company information of authorized users to conduct credit inquiries. Company may use this information about you that it collects for the following purposes:
· to process your order and any invoices;
· to maintain or update your Company account;
· to send you updates about special offers, new services, special promotions, and noteworthy news and events;
· to fulfill a service to you, for example, if you choose to submit content to the Services, we may use your personal information to respond to your submission;
· to contact you in response to forms such as “Contact Us” or Live Chat or emailed requests;
· to comply with the law or in the good faith belief that such action is necessary in order to conform with the requirements of the law or to comply with legal process served on us; and
· to third parties as part of any corporate reorganization process, including, but not limited to mergers, acquisitions, and sales of all or substantially all of our assets.
Company may also share or disclose your personal information that is collected in the Services to its parent and affiliated companies who require your personal information for research, administrative and/or internal business purposes. These parties may use such information to contact you with an advertisement or offering related to a product or services.
We may also disclose your personal information: to comply with any court order, law or legal process, including to respond to any government or regulatory request; to enforce or apply our Site Usage Terms, content license agreements, contributor agreements, or other agreements existing between us, including for billing and collection purposes; and if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We will retain information about you for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use information about you to provide you services contact us at firstname.lastname@example.org. We will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your profile information (such as company type and language preference) in the registration form is used by Company to create personalized content, services, and advertising in the Services. Company may also profile your Services activity in order to accurately track your account and provide you with Company products and services that correspond to your interests. Company may also compile data in aggregate form so that we may better understand the users that are visiting our Services. For example, we may produce reports on the most popular search terms by collecting general search term data based on individual searches. Aggregate data is anonymous and does not contain any personal information that identifies a user. Company may provide or enable access to non-identifying and aggregate usage and volume statistical information from our Services users to third parties for their audit, research and analytical purposes.
AUTOMATICALLY COLLECTED INFORMATION / MOBILE AND DEVICES
As is true of most services, when you access and use the Services, we gather certain information automatically. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Depending on the Services, we may collect non-personal information about the computer, mobile device or other device you use to access the Services, such as geolocation information, unique device identifiers, browser language and other transactional information.
We use this information, which does not identify individual users, to analyze trends, to administer the Services, to track users’ movements around the Services and to gather demographic information about our user base as a whole.
If you are logged into your user account, we are able to link this automatically collected data to such account, including sales history. IP addresses are tied to geographic information to segregate customer location for analytical purposes.
USE OF SERVICE PROVIDERS
We occasionally hire or partner with other companies to provide limited services on our behalf, such as managing and handling the processing and delivery of mailings (both e-mail and postal mail) and marketing, providing customer support, processing transactions, or performing statistical analysis of our Services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of information about you and are prohibited from using that information for any other purpose.
CHANGE OF ADDRESS OR CONTACT INFORMATION
If your personal information changes, or if you no longer desire our Service, you may correct, update, or delete inaccuracies in information about you by making the change through the “Customer Service” page of our Services, by emailing our Customer Support at email@example.com, or by contacting us by telephone or postal mail at the contact information listed below. Your request will be responded to within thirty (30) days. We may not be able to delete your personal information except by also deleting your user account, and we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.
COOKIES AND PIXEL TAGS
We use “pixel tags” (also called “web beacons” or “clear gifs”), which are tiny graphic images, on our websites and in our emails. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our websites and our advertising. We work with service providers that help us track, collect, and analyze this information.
Pixel tags on our sites may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the sites. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an e-mail message from us. We also work with third-party companies, including Google, that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect information about your visits to our websites and your interaction with our advertising and other communications. If you would like more information about this practice or to opt out of having your information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our websites, to personalize your online experience, to tailor our communications with you, to determine the effectiveness of our advertising, and for other internal business purposes.
COMMUNICATIONS AND CHOICE
Company does not rent, share or sell e-mail lists to third parties for their promotional purposes. Company may send you e-mail to notify you about your recent order, to respond to your inquiries or requests, or to otherwise provide or request information concerning your account. Such emails will be sent to the e-mail address you provide to Company.
Company offers its members the choice to not receive emails or updates about special benefits, promotions, or offers from Company. If you no longer wish to receive these updates, or you wish to unsubscribe from your Company account please complete the Contact Us form in the Services and let us know in the comments section that you would like to be removed from the mailing list.
If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each communication (e.g. following the unsubscribe instructions within the e-mail) or you may contact us at firstname.lastname@example.org to opt out.
Please be aware that the Services may contain links to other sites that are covered by their own privacy policies. Company is not responsible for the privacy practices of such other sites and we encourage our users to be aware when they leave our site. We recommend that our users read the privacy policies of each and every service that collects personal information.
Children (persons under the age of 18) are not eligible to use these Services unsupervised and we ask that children do not register for an account or submit any personal information to us. By using these Services unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
3108 Glendale Blvd.
Los Angeles, CA 90039