Liberty Music Group Liberty Music Group

TERMS OF USE

ATTENTION: CAREFULLY READ THESE TERMS OF USE AND THE RED TIE MUSIC dba LIBERTY MUSIC GROUP PRIVACY POLICY BEFORE USING THE LMG SITE (DEFINED BELOW) AND REVIEW THE TERMS OF PURCHASE BEFORE PURCHASING ANY CONTENT FROM OR THROUGH THE LMG SITE.

These terms of use (“Terms of Use”) govern your use of the website that link to these Terms of Use (the “LMG (LIBERTY MUSIC GROUP) Site”). It is important that you carefully (i.) read these Terms of Use and the “LMG Privacy Policy” before you use the LMG Site, and (ii.) read the “Terms of Purchase” before you purchase any Content (defined below) from or through the LMG Site. YOUR USE OF THE LMG SITE INDICATES YOUR (i.) ACCEPTANCE OF THESE TERMS OF USE, (ii.) acknowledgement that the information you provide either directly or indirectly through the LMG Site will be managed in accordance with the LMG Privacy Policy, and (iii.) ACKNOWLEDGEMENT THAT THE TERMS OF PURCHASE WILL GOVERN YOUR PURCHASE OF CONTENT FROM OR THROUGH THE LMG SITE.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE LMG SITE.

These Terms of Use were last updated in February, 2018.

  1. USER ELIGIBILITY

The LMG is available worldwide and may be operated from various locations both within and outside the United States. The LMG Site, however, should only be accessed and used by those individuals (each a “User”) (i.) who agree to be bound by these Terms of Use, and (ii.) who are accessing and using the LMG Site from locations where such access and use, and any features, services or products discussed, referenced, provided, or offered through or on the LMG Site (the “Available Features”), are not prohibited by applicable law. Access to the LMG Site and Available Features may be inappropriate, prohibited or restricted in countries outside the United States. If you access/use the LMG Site from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of the territory from which you access/use the LMG Site. Users under age 18 should get their parents’ or legal guardians’ permission before accessing/using the LMG Site.

PLEASE NOTE: Although Users of all ages are welcome to browse the LMG Site, many of the Available Features may only be accessed/used by Users who are 13 years of age and older (“Restricted Features”). Restricted Features are not available to Users under age 13 because participation in these Restricted Features requires a User to provide information about him/herself and, for safety and security reasons, LMG does not want to collect and store personal information provided by Users under age 13.

  1. CHANGES TO THE TERMS OF USE AND PRIVACY POLICY

LMG reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use (cumulatively “Revisions”) at any time upon advance notice to you. Such notice may be given in any manner we chose that complies with law, including, but not limited to by posting a notice of such changes on the LMG Site. Your continued use of the LMG Site following notice to you of Revisions signifies your acceptance of such Revisions.

  • OWNERSHIP AND PERMITTED USE OF CONTENT

LMG, its licensors (including Users), or other third parties own all content, including but not limited to all text, available Features, trademarks, written material, music, artwork, computer code, look and feel, trade dress, technical information and advertisements appearing on or otherwise making-up the LMG Site (“Content”). Such Content is protected under United States and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. Its owner retains the ownership of all Content.

Other than that Content expressly made available by LMG for you to download (“Downloadable Content”), you may not copy, reproduce, upload, distribute, publicly display or otherwise use the Content unless otherwise expressly permitted by LMG in writing. For Downloadable Content that is/are (i.) associated with Product Use Rules (defined below), you are permitted to use such Downloadable Content only as described in the Product Use Rules applicable to such type of Downloadable Content; (ii.) not associated with Product Use Rules, you may use and make one copy of such Content solely for your own personal use. You must obtain LMG’ express prior written permission for any use of Content, which does not comply with this Section; (iii.) for the purposes of these Terms of Use, “Product Use Rules” shall mean the permissions established by LMG or its licensors for the Content, that is, the uses you are permitted to make of the Content. The Produce Use Rules may be enforced by DRM technology.

You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.

All rights in and to the Content not expressly granted in these Terms of Use are retained by LMG.

  1. LMG SITE ACCOUNTS

Users who are ages 13 and older may choose to register for (1) account through the LMG Site. Depending upon the type of LMG Account for which you are registering, in addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information. When you register for an LMG Account you must (i.) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii.) update such information from time to time as necessary to keep your registration information current and accurate. By establishing a LMG Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for such LMG Account.

LMG reserves the right to terminate any LMG Account, and delete the profile corresponding to such LMG Account (and any accompanying content), at any time if we believe that the account holder is less than 13 years of age.

  1. ADDITIONAL INFORMATION SPECIFICALLY FOR REGISTERED USERS

You may not maintain more than one active LMG Account at any time. LMG reserves the right to terminate or suspend your LMG Account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your account is terminated.

If you are a Registered User, you are responsible for (i.) all activities occurring under your LMG Account and, (ii.) keeping your password and other information pertaining to your LMG Account confidential. You should not provide the log-in information associated with your LMG Account to any person. If you suspect someone is accessing or using your LMG Account without your permission or if you need to change your password or LMG Account information, please contact Customer Service with the Contact Information located in Section XX. of these Terms of Use.

  1. INFORMATION YOU PROVIDE/SUBMISSIONS

The LMG Privacy Policy, which is incorporated into these Terms of Use by reference, governs the collection and use of information gathered on or through the LMG Site, including, but not limited to, the information you provide while accessing and using the LMG Site and information associated with your LMG Account.

You are entirely responsible for any content that you provide to or otherwise make available on or through the LMG Site (“Submissions”). Submissions are considered to be “Content” for the purposes of these Terms of Use. By making a Submission to the LMG Site, you thereby grant LMG a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute and otherwise use your Submission, with or without attribution to you or any other party (“Submission License”). You acknowledge and agree that your Submission (i.) shall not be considered confidential, proprietary or personal to you or anyone else and (ii.) may be disseminated or used by Integrity for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of the source of such Submissions. Therefore, do not send LMG any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation.

By making a Submission, you represent and warrant (i.) you own all right, title and interest in and to your Submission, or you have the necessary approvals and permissions to grant LMG the Submission License described above, (ii.) your Submission, and the exercise by LMG of LMG’ rights under the Submission License in relation to such Submission, does not violate applicable law or the intellectual property rights or other rights of others, including but not limited to trade secret, copyrights, trademarks, publicity and privacy rights, and contract rights of others, and (iii.) your Submission does not contain software viruses, spiders, spy bots, commercial solicitation, chain letters, mass mailings, or any form of spam.

In addition, a Submission shall not, nor shall a Submission provide a link or reference to content that:

  • Promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group; is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
  • Misrepresent(s) your identity or affiliation or connection with a person or entity; imply(ies) or state(s) that Integrity endorses or is in any way associated with such Submission;
  • Contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
  • Contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content;
  • Contain(s) any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancel bots and other unauthorized computer programming routines;
  • Contain(s) advertising or solicitation of any kind.

LMG does not guarantee that Submissions will not be lost or damaged or that you will be able to retrieve your Submissions. LMG reserves the right, but does not have the responsibility to monitor and remove any Submission, at any time and without notice, in LMG’ sole discretion.

  • PARTICIPATING IN THE LMG SITE

Generally: Be Polite and Obey the Law! At all times while visiting the LMG Site and participating in, accessing and using the Available Features (cumulatively “Using the LMG Site”), you must conduct yourself in a polite, courteous and respectful manner, and you must comply with all applicable laws, rules and regulations.

For example, you may not, while Using the LMG Site:

  • Request, or otherwise attempt to obtain or store, personal information, passwords, LMG Account information or any other type of information of other Users;
  • Access or use another person’s LMG Account; disguise the origin of any Submissions; alter, modify, frame, or “mirror” any Content;
  • Create a deep-link to any LMG Site by by-passing such LMG Site home page;
  • Use any data mining, robots, or similar data-gathering and extraction tools in connection with the LMG Sites;
  • Inhibit, disrupt, or otherwise prevent anyone from using or accessing the LMG Sites or interrupt any User’s experience on the LMG Sites, including but not limited to acting in any manner that disrupts Users’ real-time exchanges or hacking or defacing any portion of the LMG Site;
  • Interfere with or disrupt the LMG Site, or servers or network connections to the LMG Site, disobey any requirements, procedures, policies or regulations of networks connected to the LMG Site;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the LMG Site;
  • Attempt to gain unauthorized access to the LMG Site (or any portion thereof), any Available Feature, any other systems or networks connected to the LMG Site or any server related thereto;
  • Use the LMG Site to intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

 

  • APPLICABILITY OF OTHER TERMS AND CONDITIONS; SPECIAL SUBMISSIONS/PURCHASES/FEATURES

Additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of Submissions (e.g. testimonials, sweepstakes or contest entries) and Available Features. In addition, when you purchase any Content by or through the LMG Site, the “Terms of Purchase” will govern such. Other Terms and Terms of Purchase shall cumulatively be referred to in these Terms of Use as “Additional Terms”. If applicable, these Additional Terms will be set forth (i.) where you are permitted to make Submissions, access such Available Features or purchase Content, or (ii.) in a link adjacent to where you are permitted to make Submissions, access Available Features or purchase Content. You should carefully review all Additional Terms, as applicable, before making a Submission, accessing and using Available Features, and making a purchase. These Additional Terms are incorporated into and made a part of these Terms of Use by reference. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

  1. CONTENT ON THE LMG SITE

LMG does not independently verify (i.) any Submissions, or (ii.) any Content provided by third parties having an agreement with LMG to provide content to the LMG Site (such third parties “Content Providers”). LMG takes reasonable efforts to ensure any Content LMG itself provides is accurate and timely, however, LMG does not guarantee or warrant any Content provided by LMG or any other party (i.e. User or Content Provider) is accurate, complete, truthful, or non-objectionable. LMG does not endorse any Submissions made by Users or Content provided by Content Providers.

LMG reserves the right, at any time and in LMG’ sole discretion, to remove any Content from the LMG Site without notice. Please keep in mind when using the LMG Site those Users may, (i.) remain largely anonymous when using the LMG Site, (ii.) be other than who or what they claim they are, and (iii.) have dishonest, deceitful or harmful intentions. Therefore, you should exercise extreme discretion and skepticism when evaluating Content and interacting with individuals on the LMG Site. You should not, except as specifically requested by LMG during the registration process or when you are placing orders through the LMG Site, provide your or any other individual’s name, street address, telephone numbers, financial information, email addresses or other sensitive or personal information.

  1. SYSTEM REQUIREMENTS

In order to use certain Available Features, you are required to have Internet access and may be required to download/obtain certain (i.) software and (ii.) particular compatible devices. You acknowledge and agree that your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software accessing the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software). You are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that LMG may, at any time and in its sole discretion, change the Available Features and the requirements (type of Internet access, hardware, software) relating to the Available Features. LMG does not guarantee or warrant that you will have access, at any time, to the LMG Site or any Available Features.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

LMG reserves the right to establish general practices and limits concerning use of, and storage space on, LMG’ servers.

  • PRODUCT, SERVICE AND TECHNICAL INFORMATION ON THE LMG SITE

LMG has made a conscientious effort to display and describe the Available Features accurately and completely. However, the detail and accuracy of the image and specifications of products that you see as a visitor to the LMG Site will depend on a number of things, including your computer equipment and Internet connections. In addition, LMG is constantly updating the Available Features on the LMG Site in response to the requests and advancements made in the industry. Consequently, LMG cannot and does not guarantee that the Available Features, including but not limited to, product images, services or specifications displayed or described to you on the LMG Site are or will remain accurate in every detail. You agree that the technical information, opinions, recommendations and other information made available to you on the LMG Site, including commentary regarding particular products are provided for your convenience only and shall not be relied upon as substitutes for thorough consultation with appropriately trained professionals familiar with your particular needs and circumstances.

The products and services depicted on the LMG Site are available only while supplies last. LMG reserves the right to discontinue any Available Features at any time, without notice.

  • LINKS

The LMG Site may display links to other websites or resources sponsored by third parties (such third-party sites are known as “Linked Websites”). Access of Linked Websites is at your own risk. These Linked Websites may not be available at all times and may contain content that is untrue, offensive, inaccurate, incomplete, or outdated. LMG does not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). You should review these Linked Websites closely before submitting information to such Linked Websites or allowing children to visit these Linked Websites.

  • DISCLAIMER OF WARRANTY

The LMG Site, including, but not limited to all Content, are provided “as is”, “with all faults” and “as available.” AS TO THE LMG SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, LMG EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. You assume total responsibility and risk for your use of the LMG Site. Any content downloaded, or otherwise obtained through the use of the LMG Site, shall be so obtained at your own discretion and risk. LMG will not be responsible for any damage to your computer system or loss of data that results from obtaining any content from the LMG Site.

Without limitation to the foregoing, LMG makes no warranty that: (a) there will be no interference with your enjoyment of the LMG Site; (b) the LMG Site will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) your requests to the LMG Site will be honored according to your schedule or any stated schedule; (d) the LMG Site will be timely, secure or error free; (e) any errors in Content will be corrected; (f) Content on the LMG Site is lawful, appropriate or available for use in any particular location; or (g) products or services displayed or referenced on the LMG Site are available for use in a particular location.

Your sole remedy against integrity for your dissatisfaction with the LMG Site, including, but not limited to all content, is to stop using the LMG Site or content thereof with which you are dissatisfied.

  1. LIMITATION OF LIABILITY

LMG shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the LMG Site, even if LMG has been advised of the possibility of such damages. IN NO EVENT SHALL THE LIABILITY OF LMG FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY SUBSCRIPTION FEE, LICENSE FEE OR OTHER SIMILAR FFES PAID BY YOU TO LMG FOR ACCESS TO THE CONTENT WHICH IS THE SUBJECT OF A CLIAM, BUT IN NO EVENT SHALL LMG’ LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.

  • INDEMNIFICATION

You agree to defend, indemnify and hold harmless LMG and LMG’ officers, directors, predecessors, successors in interest, shareholders, employees, and agents (cumulatively “LMG Indemnities”) for all claims against the LMG Indemnities that arise from or are related to your use of the LMG Site.

  • REPORTING VIOLATIONS OF THESE TERMS OF USE

If you became aware of activities or Content that violate these Terms of Use you should notify LMG immediately as set forth in Section XX. of these Terms if Use. Although LMG does not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.

  • TERMINATION

LMG may, in its sole discretion, at any time and without prior notice, terminate your use of the LMG Site or terminate your rights under these Terms of Use for any or no reason. In its sole discretion, and at any time, LMG may also discontinue providing the LMG Site or any one or part thereof, with or without notice. LMG shall not be liable to you or any third party for any of the foregoing.

  • OTHER

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the LMG Site, will be governed by and construed in accordance with the laws of the State of Virginia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the LMG Site, shall be subject to the exclusive jurisdiction of state or federal courts located in the City of Lynchburg, Virginia, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the LMG Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and LMG relating to your use of the LMG Site, superseding any other agreement between you and LMG with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

  1. CONTACT LMG

For making a claim of copyright infringement please use the contact information set forth below under “Notice and Procedure for Making Claims of Copyright Infringement.”

For all other issues or questions please use the following contact information:

By Mail:

Liberty Music Group

1971 University Blvd

Lynchburg, VA 24515

 

  • NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

LMG takes the intellectual property rights of others very seriously and we ask Users to respect the intellectual property rights of others. If you believe any Content constitutes copyright infringement of (i.) one of your copyrighted works, or (ii.) a copyrighted work of a copyright owner who has authorized you to act on his/her behalf, please provide us with the following information:

  • Your electronic signature or actual physical signature;
  • A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works;
  • A description of where the material that you claim is infringing is located on the LMG Site, such description must be reasonably sufficient to enable us to find the allegedly infringing material;
  • Your address, telephone number, and email address (if you have an email address);
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright in the allegedly infringed work or that you are authorized to act on behalf of the copyright owner of the allegedly infringed work. You should provide the copyright infringement notice described above to Integrity’s agent for notification of claim of copyright infringement. Such agent may be contacted in writing as follows:

 

 

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