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1. ACCEPTANCE OF TERMS
TipSee Music LLC (referred to as “Company,” “us” or “we”), provides the tipseemusic.com website (http:www.tipseemusic.com)(herein referred to as the “Site”), as well as various digital media files, including, without limitation, audio and audio/visual content (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.
2. OFFERINGS
Offerings
Company provides a number of Offerings for users on its Site, including various services, including, without limitation, the ability to request songs to be played at live music venues, transactions relating thereto, and other related services (collectively, “Offerings”). You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
No Guarantee
Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this site.
Temporary Interruptions
You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. PAYMENT
Fees
If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings. This Site does not process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Apple Pay, PayPal, and other payment process services. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription, if and when one becomes available), such charges will be billed in advance of service.
Overdue Amounts
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4. SITE CONDUCT, POSTING POLICIES & THIRD-PARTY WEBSITES
User-Created Content Guidelines:
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
A. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
ii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iii. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
iv. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
A. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
v. impersonates any person or entity, including any of our employees or representatives.
No Endorsement
Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Third-Party Sites and Information
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, the information we receive from third party websites, data providers, and other informational resources, nor are we responsible for errors or omissions in any references made on those websites, data providers, and/or other informational resources. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
5. COMPANY INTELLECTUAL PROPERTY
Content
For purposes of these Terms, “content” is defined as any information, communications, software, data, analytics, analysis, published works, photos, video, graphics, music, sounds, or other material that can be viewed by or downloaded by users on our Site and is owned by Company or its Affiliates.
Ownership of Content
By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.
The following are registered trademarks, trademarks or service marks of TipSee Music LLC or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of TipSee Music LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of TipSee Music LLC or its Affiliates.
Certain of the ideas, software and processes incorporated into the Offerings available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
Limitations on Use of Content
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site or downloadable in any form or by any means whatsoever without prior written permission from us. Notwithstanding the foregoing, you are permitted to use the “share” button as established by Company in connection, provided that at no times are you permitted to share any content from the Site that is only accessible by a subscription to the Site. Any unauthorized use of Site content or downloadable content from our Site violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
6. CONTENT YOU CREATE
Your Intellectual Property Rights
Subject to our Privacy Policy any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to sell, license, assign, copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
· Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
· Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
· The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
· A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
· A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
· The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: DMCA Agent, TipSee Music LLC
P.O. Box 198668
16 Arcade Street
Nashville, TN 37219
By e-mail: info@tipseemusic.com
Counter-Notification
If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
· A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
· Your name, address and telephone number;
· A statement that you consent to the jurisdiction of the federal district courts in the State of Delaware, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
· Your physical or electronic signature.
Notice may be sent to:
By Mail: DMCA Agent, TipSee Music LLC
P.O. Box 198668
16 Arcade Street
Nashville, TN 37219
By e-mail: info@tipseemusic.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
7. EMAIL SERVICES & DATA STORED ON OUR SERVERS
Email Service
We may make email services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
Spam Prevention
We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.
Storage Provided by Us
If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than ten (10) days, or in cases where you have violated one or more terms of this Agreement.
Cookies
Cookies enable us to customize and personalize your experience on our website, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We may use cookies for several purposes in connection with the operation of our website:
· We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.
· Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our website. In providing you with this service, we use cookies.
· We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our website may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.
· We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings.
Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our website, may use their own cookies. We have no control over those cookies, nor do these Terms of Use or Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third-party site.
You have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our website may use cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our website and/or use our services or participate in our sweepstakes, contests or promotions.
8. PRIVACY & SECURITY
Login Required
In order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Disclosure to Third Party Affiliates
You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
9. DISCLAIMER
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE MADE OR GIVEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, PARTICULAR, SPECIFIC, OR OTHERWISE, OR WARRANTIES FOR INFORMATION ACCURACY, INTEGRATION, OR ENJOYMENT, PARTICULAR, SPECIFICE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
In no event shall we or any and all of our parents, subsidiaries, affiliates, partners, members, shareholders, directors, officers, employees, agents, independent contractors, licensees, assignees, beneficiaries, and heirs (“Releasees”) be liable for any special, direct, indirect, incidental, punitive, or consequential damages or losses of any kind whatsoever with respect to the service, the site, loss of use, data or profit loss, whether or not the Parties have been advised of the possibility of such damages, and on any theory of liability, and whether due to inaccuracy, error, omission, or any and all other reasons whatsoever, whether foreseeable or unforeseeable. Under no circumstances, including, but not limited to, negligence and any and all other legal bases capable of being limited, shall the Releasees be liable for any direct, indirect, incidental, special, or consequential damages or losses that result from the use of, or the inability to use, the website. The right with respect to any dissatisfaction with the website shall be for you and anyone acting on your behalf to terminate the use of the website.
Without limiting the generality of the foregoing, under no circumstances will the Releasees be liable for any and all breaches of any and all federal, state, local and/or country statues, regulations, and/or laws that may occur as a result of an individual's usage of this website, or of any other third-party website. It is the iyour responsibility to comply with any and all federal, state, local and/or country statues, regulations, and/or laws that may govern your usage of this site.
Any litigation arising out of using the website shall be held exclusively in an appropriate court in the state of Tennessee, and under the Tennessee law, without regard to choice of law provisions, and, by your usage of this site you expressly consent to such jurisdiction and venue without objection, including, without limitation to forum non conveniens, and any and all other grounds, and are hereby barred from raising such objections to jurisdiction and/or venue.
By using this Site you expressly agree to the terms and conditions of all disclaimers set forth herein. You agree to defend, indemnify, and hold us and the Releasees harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this site. We, and any and all other Releasees, expressly reserve the right, at your sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If any part of these terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. LIMITATION OF LIABILITY & INDEMNIFICATION
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the one (1) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, ALL LIABILITY LIMITATIONS AVAILABLE TO COMPANY SHALL BE TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND IN THE EVENT THAT COMPANY’S LIABILITY LIMITATIONS ARE NOT PERMISSIBLE IN SUCH APPLICABLE JURISDICTION, SUCH LIABILITY LIMITATION SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT BE IN A SUM GREATER THAN THE SUBSCRIPTION FEES PAID BY YOU TO COMPANY. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. TERMINATION OF USE
Grounds for Termination
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
12. MISCELLANEOUS PROVISIONS
International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, European Union, or Great Britain. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, European Union, or Great Britain, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Governing Law
This Site (excluding any Third-Party websites) is controlled by us from our offices in Tennessee, and the statutes and laws of the State of Tennessee shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of any of the courts in the coutry of United States, State of Tennessee with respect to such matters controlled by that court.
Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@tipseemusic.com, if by email, or to our address at TipSee Music LLC, P.O. Box 198668, 16 Arcade Street, Nashville, TN, 37219, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by e-mail.
No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, act of public enemy, terrorist attack, fire, epidemic or pandemic, accident, adverse weather, inability to secure transportation, governmental act or regulation, and any and all other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
I. Categories of Information We Collect:
A. Information You Provide to Us. When you place an order, open an account, participate in a questionnaire, participate in a competition, communicate with customer service or send TipSee Music LLC (“TipSee” or “Company” or “we” or “us”) an email, you provide us with information that we collect. Such information may include your name, address, phone number, credit card information, and purchase history and, when you send a gift to another person, including giving another person an account, the same information for such other person.
B. Other Information We Receive and Store. We also receive information from you as a result of your visiting our site, sending us emails including your IP address, the purchases you make, your email address, your browser type and version, your operating system and platform, your purchase history, products you view, products you search for, length of visits to pages and other browser interaction information.
C. Your Right to Request Information That We Store. Pursuant to California Civil Code §1798.110(c)(5), and similar laws, you have the right to submit to us a verified request to receive the information that we have stored in accordance with the policies and practices outlined in this Privacy Policy and the Terms of Use.
II. Use and Disclosure of Information We Collect/Data Storage
A. Use and Disclosure of Information. When you choose a screen name, if and when TipSee Music provides such an option, it is very important that you choose one that does not reveal your personal name as otherwise that information could be disclosed as a result of activities on our website. Our policy is to not permit use of any screen names that reveal such information. We will use and disclose your information (including, without limitation, your information as described and set forth in Section I(A)-(B), and any and all other information that you provide to us) only as follows: (1) to confirm and process your orders, if and when necessary; (2) to follow up to make sure such orders are fulfilled; (3) if, in the course of placing an order you opt to receive occasional emails from us notifying you of special offers, we will use such information to notify you of such offers; (4) if, in the course of placing an order, you opt to receive occasional emails from third parties to whom we provide your information, we will disclose such information to such third parties; (5) to protect the rights and safety of us, our shareholders, members, officers, employees and customers; (6) at our option, to notify you of any changes to this Privacy Policy or our other terms and conditions of this website (you are bound by the terms of any changes we post to our website whether or not we notify you by email); (7) at our option, to third parties as a requirement of data sales, licenses, and/or assignments; and (8) as otherwise required by law. We disclose your information to third parties only as permitted by the terms of our sale, license and/or assignment of user data, and/or reasonably required to fulfill your orders and collect sums due us (such as to credit card processors), to protect the rights and safety of us, our shareholders, members, employees and customers (such as to legal representatives and law enforcement) as you expressly permit and as required by law (such as the result of a court subpoena). We may, also, transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to the provisions of our commitments to you.
B. Data Storage. We securely store your data in a database monitored and administered by us. We will keep your data, as defined in Article I(A) and (B) and any and all other information you provide to us, for a period that is not longer than necessary for our provisions of services to you via the tipseemusic.com website (“Site”).
C. Marketing. We would like to send you information about our products, services, upcoming events, and other information that we think you might like. If you have agreed to receive marketing, you may always opt out at a later date by contacting info@tipseemusic.com and requesting to be removed from our mailing list. You also have the right to stop us from collecting your data at any time by contacting info@tipseemusic.com.
D. Cookies
Depending on how you use our Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services (as defined in the Terms of Use) we make available to you. However, we do not use cookies to track your browsing behaviors.
We may also use an outside advertising partner to display banner advertisements on our Site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party advertising partners with any of your PII (aka, personally identifiable information) or information about your purchases. We and our third-party ad server will collect and use aggregate information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Site in the same manner as above, but we will not disclose any PII to them.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
III. Notification of Changes
A. Notification of Changes. Any changes in our Privacy Policy will be posted to the Site and will become effective as of the date of posting with respect to information we then collect in the future, but will not be changed with respect to information that we have then already collected. It is and will be your responsibility to review our Privacy Policy from time to time to make sure you are aware of any changes.
B. Changes to Personally Identifiable Information: In the event that you wish to change your personally identifiable information on file with us, then you may edit your user profile directly on the Site, or you may please e-mail info@tipseemusic.com to request such changes or assistance with such information editing. Within seven (7) days of our actual receipt of your e-mail, we will process the requested changes, and notify you if there are any errors or additional information that we require.
IV. Effective Date
Effective Date. This Privacy Policy is effective with respect to all data that we have collected since the date we started collecting data which was September, 2021.
V. HOW WE RESPOND TO DO NOT TRACK SIGNALS
TipSee does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. Please consult your browser’s information to determine how to ensure that such websites do not track you.
Third parties that have content embedded on TipSee’s website may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific TipSee website from a certain IP address. Third parties cannot collect any other personally identifiable information from TipSee’s websites unless you provide it to them directly.
VI. “Opt Out” Preference
You may opt out of our collection of your personally identifiable information as set forth above, or our sharing, if any, of such information with third parties, by e-mailing: info@tipseemusic.com. You may also opt out of any sale of your personal information, if any, by e-mailing info@tipseemusic.com. However, certain information that may be required to process transactions on our websites is necessary, and opting out may impact your ability to acquire content from our websites.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
If you are a resident of California, you also have certain rights that are delineated in California Civil Code Sections 1798.100, 1798.105, 1798.110, 1798.115, and 1798.25, which, among other things, requires us to: (i) provide you a notice of disclosure (as set forth in this Privacy Policy and the Terms of Use); (ii) delete, with some exceptions, certain personal information of yours that we collect upon your verified request; (iii) disclose to you (as we have done with this Privacy Policy and the Terms of Use) the categories, sources, purposes, categories of third parties, and pieces of personal information that we have or may collect about you; (iv) that you have a right to make a verified request to receive the categories of personal information we have collected about you, the categories of personal information that we have sold about you, if any, and the categories of information that we have disclosed about you for a business purpose; and, (v) that we may not discriminate against you based on your verified request to obtain the information required to be disclosed under California law.
VII. Privacy Shield
TipSee is a participant in the Privacy Shield programs developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Privacy Shield principals agreed upon by the U.S. and the E.U. For more information about the Privacy Shield and to view our certification, visit the U.S. Department of Commerce's Privacy Shield website. If you would like more information about the Privacy Shield program, please visit the website at https://www.privacytrust.com/privacyshield/principles/index.html.
VIII. European Union General Data Regulations Compliance
We would like to make sure that you are aware of all of your data protection rights. Every user is entitled to the following:
A. Right to Access – you have the right to request copies of your personal data that we have collected from us. We may charge you a small fee for this service.
B. Right to Rectification – you have the right to request that we correct any information that you believe is inaccurate. You also have the right to request that we complete information that you believe is incomplete.
C. Right to Erasure – you have the right to request that we erase your personal data that we collect, under certain conditions.
D. Right to Restrict Processing – you have the right to request that we restrict the process of your personal data, under certain conditions.
E. Right to Object to Processing – you have the right to object to our process of your personal data that we have collected, under certain conditions.
F. Right to Data Portability – you have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make any of the foregoing requests, we have one month from our actual receipt of your request to respond to you. If you would like to exercise any of these rights, please contact us at our e-mail at info@tipseemusic.com.
IX. Cookies
We do not use cookies, which are text files placed on your computer to collect standard Internet log information and visitor behavior information.
X. Privacy Policies of Other Websites
Our website may, from time to time, contain links to other websites. Our privacy policy applies only to our website, so if you click on another website, you should read their privacy policy.
XI. Questions
A. Questions. If you have any questions about our Privacy Policy, feel free to contact us by sending an email to: info@tipseemusic.com.