Terms of Service
TERMS OF SERVICE
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU") AND BOOKABLE, LLC ("WE" OR “US”). BEFORE ACCESSING OR USING ANY PART OF OUR PRODUCTS OR SERVICES AT WWW.THISISBOOKABLE.COM OR OUR OTHER PRODUCTS OR SERVICES, INCLUDING ANY WEBSITES OWNED OR CONTROLLED BY US THAT ARE ASSOCIATED WITH US (COLLECTIVELY, THE “SERVICES”) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS (THE “AGREEMENT”) SINCE IT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU ARE NOT GRANTED PERMISSION TO USE THE SERVICES.
THE SERVICES ARE NOT DESIGNED FOR USE BY ANY PERSON UNDER THE AGE OF 18 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT CREATE AN ACCOUNT OR USE THE SERVICES.
RIGHTS GRANTED TO YOU. We grant to you a non-exclusive, non-assignable, revocable and non-sublicensable license to access and use the Services in the United States.
RIGHTS GRANTED BY YOU. The Services allow you to explore the Site, to upload certain content, to connect with other users in the country, and to create, receive and distribute audio, visual, and audio-visual materials. As between you and us, you retain all of your rights in the content uploaded by you; however, you grant to us a perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content in the United States.
By using Bookable in any capacity, you agree to be bound to the following terms:
The following definitions (whether capitalized or not) exist to clarify the use of certain words and phrases used throughout this document:
- "Agreement" refers to these Terms of Service.
- “Bookable” refers to the company Bookable, LLC, the owner of all intellectual property related to the name and associated images in connection with the trademark and copyright “Bookable” and, the Site, www.thisisbookable.com. Any use of "Bookable" “Site,” or "thisisbookable.com" refers to the company, the site, and/or the services provided by it.
- "Service" refers to all services provided by Bookable, including use of the Site.
- "Artist," "Band," and/or "Act" refers to any party providing content for an event or a Booking, such as a performer or performing act, whether that performing act is an individual (e.g., a solo performer) or a group of individuals (e.g., a band).
- "Fan" refers to any person(s) attending a Booking, regardless of whether they are also the Host or have contributed to the performance fee.
- "Booking" refers to an event, such as a show or performance, that has been agreed upon by and between the Artist and Host.
- "Site" refers to this website, thisisbookable.com
- "Host" refers to any party creating or providing a Booking for which an Artist may provide its services for such Booking.
- "User" refers to anyone using the service or this website, whether a Host, Artist or Fan.
- "You" refers to you the Host, Artist, User, Fan, or for further clarification, any person who is entering into this Agreement by using the Site and/or the Services.
To be eligible to use Bookable:
- You must be 18 years of age to use our Services.
- You acknowledge and agree that (i) your use of the Site as permitted is solely for your personal use as a resident of the United States for services and use of property located within the United States; (ii) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms of these Terms of Service and any restrictions or conditions set forth on the Site itself.
- In order to access some features of the Site, including, without limitation, to submit information for a Booking (defined below), you will have to create an account. You may never use another User’s account without permission, and you may not have more than one active account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for losses caused by any such unauthorized use, you may be liable for the losses to us or others due to such unauthorized use.
- Your use of Bookable must adhere to the terms and conditions herein. Violation of these Terms of Service may result in revocation of permission and termination of access to the Services and/or the Site.
RULES OF CONDUCT
Your use of the Services is subject to all applicable local, state and federal laws and regulations and, in some cases, international treaties. You may not use, or allow or enable others to use, the Services in any manner that is, attempts to, or could reasonably be determined: (a) to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially or ethnically insensitive, harassing, intimidating, threatening, discriminatory or abusive, dishonestly or in bad faith, or which may or may appear to impersonate anyone else, which may be harmful to a minor or which encourages conduct that would be considered a criminal offense; (b) to affect us adversely or reflect negatively on us or the Services or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of the Services; (c) to send or result in the transmission of junk email, unsolicited messages, or socalled "spamming" and "phishing"; (d) to be intended for commercial or business purposes outside the intended scope hereof, including, without limitation, advertising, marketing or offering goods or services other than a Booking, whether or not for financial or any other form of consideration; (e) to transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful or disruptive programs or other material or information; (f) to violate any laws, regulations, judicial or governmental order or any treaties; (g) to be intended to gain unauthorized access to the Services, or to use the Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or, (h) to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Services or the rights of use and enjoyment of the Services by any other user.
COMMUNITY MEMBER SUPPORT
The Bookable team works to help build and support a community based on trust and respect. Please help us sustain the community by utilizing the guidelines and information in the FAQ sections with respect to all Bookings and use of the Site.
PAYMENT & REFUND POLICY
Through the Services of Bookable, Artists and Hosts can connect with one another, learn about the talent and opportunity each party holds, and then a Host or an Artist can create and submit an offer for a Booking. That offer will include basic information about the Booking, such as the date, time, fee payment amount, and other pertinent details, such as either the type of performance to be provided by the Artist or type of experience to be provided by the Host. If either a Host or an Artist submits an offer and the other side accepts that offer via the Site, the offer becomes a Booking. The Host is immediately charged in full for the Booking cost (plus the Bookable service fee, as described below), and the Booking is confirmed. If an offer is made by a Host or an Artist to the other party, and the other party does not accept that offer, then no Booking is confirmed and no charges will be incurred.
When a Booking is accepted through Bookable, we collect the Booking payment from the Host via credit card or PayPal, plus an 8% service fee payable to Bookable of the total payment for each Booking (for example, if the agreed upon fee is $1000, then the Hosts pays a total of $1080). Once the Booking takes place successfully, Bookable then deducts an 8% service fee of the total payment for each Booking from the funds due to the Artist and remits the balance via PayPal to the Artist (for example, if the agreed upon fee is $1000, we will send the Artist $920). We do not release payment to the Artist until the Booking is completed in full, by both the Host and the Artist, followed by a 48-hour processing period during which any raised issues can be resolved.
In advance of a Booking, Hosts and Artists may need to cancel or request to reschedule the Booking for a new date. We understand and accept that this is normal for events and commitments of this nature. Artist will not be paid for any Booking that isn’t performed in full. We will give a Host a full refund (minus the Bookable service fees) if the Artist never shows or does not match the Booking description. Otherwise, all sales are final.
The policies and systems we have in place to protect your Booking are set forth below:
- Artists reserve the right to cancel or reschedule the performance at any time and for any reason. The reason does not need to be disclosed to the Host; however, we do require the Artist to provide to us the reason for requesting the cancellation or rescheduling of the Booking to determine the circumstances and standing of the users’ accounts.
- If a Host cancels a booking more than fourteen (14) days before the date of the Booking, then the Host must pay an amount equal to fifty percent (50%) of the total fee for the Booking, plus the 8% Bookable service fee, and the remaining balance may be refunded to the Host. If a Host cancels less than fourteen (14) days before the Booking, no refund shall be issued, and all payments shall process as if the Booking had taken place in full.
- Hosts and Artists may both request to reschedule a Booking rather than cancel it; however, if a mutually agreeable alternative date is not found, then it will be considered a cancellation by the requesting party, as set forth above.
- If, not less than fourteen (14) days in advance of a Booking, either party requests a change to a significant or material agreed-upon aspect of a Booking (such as the estimated number of people, location, or nature of the services or event) then the other party has the option to either accept the modifications or cancel the Booking; however, if the change results in a cancellation, Bookable service fees are not refundable.
- You have two (2) days after the date of the Booking to inform us if there were any problems or to submit a claim that the Booking was materially misrepresented by reporting the issue(s) to us at email@example.com along with supporting information. If we verify your claim following investigation, we will refund the Host payment, less Bookable service fees.
- You are responsible for the reporting of all applicable income to the Internal Revenue Service in the United States. By entering this Site, you accept and acknowledge that Bookable is not required to and will not withhold or report your income to said tax authority.
- Certain “force majeure” acts or occurrences can make a Booking infeasible and may authorize a Host or an Artist to terminate and cancel a Booking, such as acts of God, war, civil authority or government regulation, natural disaster, fire, strikes or other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism, an act or occurrence creating a significant risk to the health or safety of a Host or an Artist or severely affecting either party’s performance of the Booking; however, inclement weather rendering a Booking impossible, infeasible or unsafe shall not be deemed a Force Majeure event, and all payment terms of the Booking shall be enforced and carried out in full. If a Host or Artist disagrees as to whether a rendition of performance at a Booking is impossible, infeasible or unsafe due to inclement weather, then the Artist’s determination shall prevail.
- Artist is responsible for providing its own equipment, meals, transportation and lodging to and from any Booking, unless otherwise agreed between the Host and Artist as part of the Booking, and any guests accompanying Artist shall be Artist’s sole responsibility. Hosts are responsible for providing a safe and hospitable location for Artists to perform, as well as safe passage on the Host’s property to said location.
- If you change your mind about a Booking, we unfortunately cannot authorize a refund. You can always work with the other party in your Booking to reschedule or modify it.
- We do not have any knowledge or participation in transactions completed off or outside of the Site. You bear all risk associated with any such transactions.
- We are not responsible for any incidents, activities, behaviors, or any problems which may arise in or involving a Booking beyond the Site’s functionality. We make no representations whatsoever as to the stated condition or quality of any user, including any Host or Artist, any information about users of the Site, or any duties or performances related to any Booking.
- The decision to engage in the Site’s Services, make an offer for a Booking, meet in person, or exchange any information, including physical addresses or contact information, is a decision and potential risk that is knowingly made, entered into, and understood by each user, whether a Fan, Artist, or Host. All users hereby agree to take all reasonable precautions and treat other users with respect. Bookable assumes no liability for any losses of any kind to any person or property, including without limitation, property theft, monetary damages of any kind, or personal injury, or any other loss or injury to any person or property.
- Bookable encourages Hosts and Artists to have practical tools and insurance to ensure a successful performance, such as having adequate insurance, rain plan allowances, and backup gear. While Hosts are expected and encouraged to have homeowners, rental, or other appropriate insurance coverage before deciding to host a performance, and while Artists are expected and encouraged to have personal and professional insurance, and while both are encouraged and expected to have adequate supplies or equipment before deciding to arrange a Booking, Bookable does not and cannot make any representations as to any user’s circumstances and cannot be held responsible for any issues arising from the performance or nonperformance of any aspect of a Booking beyond Bookable’s role to assist in the connection of the parties via the Site and the Site’s function of confirming the Booking itself. You understand and agree that Bookable is not and shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any issue or conduct of any party outside of the Site’s basic function to confirm the Booking, as set forth herein.
DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES AND MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES OR MATERIALS WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, security and validity of any and all features and functions of the Services, including, without limitation, Materials associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY OF OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OR THE MATERIALS, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE CONDUCT OR CONTENT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES OR THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID US, IF ANY, IN CONNECTION WITH YOUR USE OF THE SERVICES.
INDEMNIFICATION. You agree to indemnify, defend and hold us, and any of our affiliates, or any of our or their successors and assigns, and any of our or their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers and service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees and court costs), resulting from any breach or violation of this Agreement by you or anyone accessing the Services through your account.
MODIFICATIONS. We reserve the right, in our sole discretion, to modify the terms of this Agreement. We will post or display notices of material changes on the Services. If you use the Services after the changes become effective, such continued use will signify your agreement to be bound by the changes.
LINKS TO THIRD PARTY WEBSITES; THIRD PARTY PURCHASES
This site contains links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third-party websites. As such, you access any such third-party websites at your own risk. Further, the Services may make certain additional features available on the website via third party purchase(s) (“Purchases”). Purchases utilize third party service providers and purchases are subject to their respective terms and conditions of use. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you are required to provide to any such third party, and you irrevocably waive any claim against us with respect to such third party services. Prices and availability of any Purchases are subject to change without notice.
OWNERSHIP OF INTELLECTUAL PROPERTY. As between you and us, the Services, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services (individually and collectively, "Material"), are and will be our property and are protected under U.S. Federal and State, and applicable foreign laws, regulations and treaties. You may not alter, delete or conceal any copyright or other notices contained in the Services, including notices on any Material you download, transmit, display, print or reproduce from the Services. Our name and logo, and other trademarks used in connection with the Services (collectively, the “Trademarks”), are owned or controlled by us or a third party owner. Nothing contained herein or on the Services may be construed as granting any license or right to you to use any Trademark. We may terminate this Agreement and your right to access and use the Services for any unauthorized use of any Trademarks, in our sole discretion, at any time, with or without notice to you.
COPYRIGHT POLICY. We respect intellectual property rights and expect our users to do the same. You agree that you will not upload or submit to the Services any content that violates or infringes upon any intellectual property rights, including copyrights, trademarks, rights of publicity or privacy, moral rights or any other rights of ours or of any other person or entity. If we become aware of any infringing content, we will act expeditiously to remove or disable access to the such content. If we become aware that one of our users has repeatedly infringed the copyrights of others, it is our policy to terminate such user’s account.
If you are a copyright owner or an agent thereof and you believe that anything on the Services infringes upon your copyrights, please contact firstname.lastname@example.org write to us at Bookable, LLC, PO Box 41786, Nashville, TN 37204, Attn: Copyright Manager, with the following information (which must comply with 17 U.S.C. 512(c)(3)): an electronic or physical signature of a 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 that you claim is infringing is located; your address, telephone number and email address; a written 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; a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CHOICE OF LAW; VENUE
This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Tennessee, applicable to contracts made, executed and wholly performed in Tennessee, without regard to conflict of laws principles, and, for the purposes of any and all legal or equitable actions, subject to the arbitration requirements above, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Davidson County, Tennessee, and you agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
You and we agree that any dispute between you and us arising out of or related to this Agreement or the Services will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and we will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and us. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT TO ARBITRATE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and, instead, all claims and disputes will be resolved in a court as set forth below. The arbitration will be held in Houston, Tennessee. Any decision rendered in such arbitration proceedings will be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction. In the event that either party brings a dispute in a forum other than the AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. As stated below, Tennessee law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate will survive termination of this Agreement. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW OR HEREAFTER HAVE TO A TRIAL IN FRONT OF A JURY.
By using the Site, you hereby agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, you may not use the Site. We may modify the Policy from time to time, at our sole discretion. When changes are made, we will notify you by making the revised version available on this portion of the Site, and we will indicate at the top of this page the date that revisions were last made. All modifications will apply prospectively only. You should revisit the Policy on a regular basis, as any and all revised versions will be binding on you. Any such modification will be effective upon our posting of the new Policy. You understand and agree that your continued access to or use of the Site after any posted modification to the Policy indicates your acceptance of the modification(s).
In order to access the Services, you must provide a valid email address and set up a password for your account. When you use the Services, we also collect the following information: (a) information about the content that you submit to the Services, (b) information about who you send content to and the third party sites on which you post content, (c) information about the device you use to access the Services, including the hardware model, operating system, advertising identifier, browser type, language, wireless network and mobile network information, and (d) information about the content and pages that you view during the use of the Services. We may also, with your consent, collect information about your location and access the photos contained on your device. If you refuse to give your consent, certain parts of the Services will not have full functionality.
We use your Personal Information to:
- Operate and maintain the Services;
- Communicate with you concerning your account and customer service issues;
- Improve the Services by providing personalized content recommendations;
- Track content uploaded, accessed and downloaded, including for the purpose of paying royalties and license fees to applicable royalty participants and other copyright holders or content distributors;
- Enhance the safety and security of the Services;
- Provide you with updates, targeted advertising, promotions and special offers;
- Better understand how the Services are used, including traffic patterns and what types of content are most popular with users of the Services; and
The Site is controlled and operated solely by Company (and not by any other party, individual or entity), and this Policy, and our collection, use and disclosure of your Personal Information, is governed by U.S. law. Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative, at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Site and/or Site-related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personal Information to the United States, waiving any claims that may arise under other national laws.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Information through the Site.
WHAT TYPES OF INFORMATION DOES COMPANY COLLECT FROM ME?
We categorize the information we collect into two (2) types: Personal information and Public Information.
Personal Information. Personal Information includes information that identifies you as an individual, including your name, postal address, telephone number, e-mail address, credit card number, or other payment account number. You do not have to provide Personal Information to use the Site; however, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter or to view certain areas of the Site), we may request that you furnish Personal Information, and we only collect Personal Information from you through the Site when you voluntarily provide it to us.
Public Information. Public Information includes aggregated information, demographic information, IP addresses and any other information that does not reveal your personal identity. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Public Information (for example, a catalog of the Site pages you visit).
HOW DO WE COLLECT PUBLIC INFORMATION?
Public Information is generally collected through the Site from server log files, cookies, and information that you voluntarily provide to us.
Use of Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites.
Use of Information That You Voluntarily Provide. Company also collects Public Information (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any Personal Information, such information is considered to be Public Information, as it does not personally identify you or any other user. Additionally, we may aggregate Personal Information in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using Personal Information to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Public Information for purposes of this Policy.
WHY DOES THE SITE COLLECT PERSONAL INFORMATION?
Informational Communication and Deliveries. Company may use Personal Information about you to fulfill the purpose for which such Personal Information was provided (e.g., to send promotional materials, information, and/or newsletters to you, or fulfill your purchase).
Administrative Communications. From time to time, in our sole discretion, we may use Personal Information about you to send you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
Promotional Communications. If you affirmatively opt-in to receive marketing messages from Company, we may use Personal Information about you to inform you of any artists, products, programs, services and promotions that we believe may be of interest to you. If you would prefer not to receive marketing-related e-mail messages, please refer to section describing opting out below.
Third Party Communications. If you affirmatively opt-in to Company sharing Personal Information about you with third parties for their marketing purposes, we may share Personal Information about you with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would like to later opt-out of receiving marketing-related e-mail messages from such third parties, please utilize any opt-out mechanisms set forth in such third parties’ marketing-related e-mail messages and/or privacy policies.
Notwithstanding the foregoing, if purchasing functionality is offered on the Site and you seek to make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase. If applicable, we may also provide such Payment Information, or other Personal Information provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Public Information, use of such Public Information is governed below.
Contests & Surveys. Company, Host(s), and/or Artist(s) may operate sweepstakes, contests and other promotions (collectively, "Promotions") through the Site. In addition, we and/or Artist(s) may conduct surveys or polls through the Site or ask for your responses to questionnaires that we make available through the Site (such surveys, polls and questionnaires, collectively, “Surveys”). We typically ask you for certain Personal Information when you enter and, if applicable, win a Promotion, and when you participate in a Survey. We reserve the right to share Personal Information that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey. You should carefully review the rules, if any, of each Promotion and Survey in which you participate through the Site, as they may contain additional important information about Company's, a sponsor's or other third parties’ use of Personal Information about you. To the extent that the terms and conditions of such rules concerning the treatment of Personal Information about you conflict with this Policy, the terms and conditions of such rules shall control.
Company Business Purposes. We may also use Personal Information about you for our internal business purposes, such as data analysis, audits and so forth.
Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature. We reserve the right to share Personal Information about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share Personal Information about you with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).
Assignment. We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). Additionally, please note that if any Artist is no longer affiliated with Company, we may transfer or provide a copy of any and all information that we collect from Site users to such Artist.
Legal Compliance Purposes. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose Personal Information about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions; (e) to protect our operations or our artists; (f) to protect the rights, privacy, safety or property of Company, our artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
WHY DOES THE SITE COLLECT PUBLIC INFORMATION?
We collect Public Information to improve our business and learn more about the general demographics of our visitors. Because Public Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Public Information, which does not personally identify you, with other third parties, for any purpose. In some instances, we may combine Public Information with Personal Information (such as combining your name with your geographic location). If we do combine any Public Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.
WHEN AND HOW DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
Company may disclose relevant information about its customers to our contractors (i.e. a customer service contractor or a credit card clearing service) in order for them to provide specific services for Company to better serve our customers. Company's contractors are bound by strict contractual requirements to keep all Personal Information they process strictly confidential and to use such information solely on behalf of Company.
Also, the Company may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on Company; (d) protect and defend the rights or property of the Company; or (e) act in urgent circumstances to protect the personal safety of users of Company products or the public at large.
Company websites and products contain links to other websites and products. Company is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices.
Some of the Personal Information collected by Company is necessary to provide you with the product or service you choose and to optimize the delivery of audio and video data to your computer. Certain technical information (e.g., zip code, product id, GUID) may be automatically transmitted between networked servers to authenticate access to products and services, enable their delivery, or optimize your media delivery experience.
E-MAIL FROM US & OPT-OUT OPTIONS.
Registering for a product or service allows you to tell us how or whether you want Company to communicate with you. Generally, Company sends e-mail about its products, content and special offers. During registration, you may opt out of receiving Company marketing e-mails and/or newsletters. Additionally, your online Company account, accessed through the “Account Settings" link provided in emails and on Company Web pages, enables you to select whether you wish to receive newsletters, marketing, promotional emails, and special offers. However, Company may continue to send you e-mail about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your Company products and services, or to inform you about critical technical service issues relating to a Company product or service. If you would prefer not to receive marketing-related e-mail messages from Company or any particular Affiliated Entity, you may opt-out of receiving such messages at any time by following the “unsubscribe” instructions in the latest such message you have received from Company. Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, Company, Artist(s) or other Affiliated Entities).
HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
To access your account information and preferences, select "Account Settings" from the applicable menu(s). Sign in to your account and modify your information and preferences as needed.
When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters and promotional emails. If you have forgotten a username or password, please refer to Company's online help resources.
NO ERROR FREE PERFORMANCE
CONTACT US ABOUT PRIVACY
If you have questions about the privacy aspects of our products or services or would like to make a complaint, please contact:
PO Box 41786
Nashville, TN 37204
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your correspondence.