Terms & Conditions
Last Updated March 16, 2021
The following terms and conditions (the Terms and Conditions) govern your use of Big Machine Label Group-operated websites and/or mobile apps (collectively, the Site). The Site is made available by Big Machine Label Group and its affiliates (collectively, Big Machine or we or us). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. Our Sites may include the option to purchase physical or digital goods. Purchases on Big Machine's Sites are governed by Big Machine's Webstore Terms and Conditions. BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
1. Proprietary Rights
As between you and Big Machine, Big Machine owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Big Machine or the applicable rights holder. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Big Machine will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
2. Trademarks
The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Site are registered and unregistered Trademarks of Big Machine and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Big Machine that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Big Machine or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Big Machine will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. User Information
In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as User Information). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
4. Mobile User Information
When you enroll in a text message service (Text Service) offered by Big Machine, you agree to receive recurring offers and other information from us via SMS and/or MMS message at the mobile number you provided during the service's registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment. Messages will be sent through an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carrier's standard message and data rates may apply to any messages you send or receive through the Text Services. As described at program enrollment, you may text STOP to cancel or HELP for customer support information. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.
5. Unsolicited Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any moral rights in Submitted Materials have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and/or to incorporate it in other works in any form, media, or technology now known or later developed.
6. User Conduct
You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, or vulgar; (c) restrict or inhibit any other user from using and enjoying the Site; (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not impersonate any person or entity, engage in spamming or harvesting of personal information, or attempt to gain unauthorized access to other computer systems through the Site. You agree to defend, indemnify and hold Big Machine and its directors, officers, employees, agents or content or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or your breach or violation of the law or of these Terms and Conditions.
7. Account and Password
You may be enabled to create an account in the Site using a stand-alone registration or social media logins. You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you; for any access to or use of the Site by you or any person or entity using the username or password; and for all activities that are conducted through your Account. You agree to immediately notify Big Machine if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place. Big Machine will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8. Software Downloads
In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by Big Machine in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
9. Orders for Products and Services
We may make certain products available to visitors and registrants of the Site. You may only purchase products if you are domiciled in the United States and are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Big Machine. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
10. Third Party Websites
You may be able to link from the Site to third party websites (Linked Sites). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
11. Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
12. Limitation of Liability
IN NO EVENT SHALL BIG MACHINE OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BIG MACHINE FOR YOUR USE OF THE SITE.
13. Applicable Laws
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Modifications to the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Big Machine reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
15. Notices and Contact Information
All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service to: Big Machine Label Group, 1219 16th Avenue South, Nashville, TN 37212, Attn: Legal Dept. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
16. Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
17. Dispute Resolution
You and Big Machine agree to arbitrate all disputes between you and Big Machine or its affiliates, except for disputes relating to the enforcement of Big Machine's or its affiliates intellectual property. The Terms and Conditions are solely governed by and construed in accordance with the laws of the State of Tennessee. Any disputes between you and Big Machine relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, or in small claims court in Nashville, Tennessee, U.S.A. or in your county of residence if your claims qualify. You and Big Machine agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Big Machine do not resolve the dispute in such 60 day time period, then you or Big Machine may commence arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Nashville, Tennessee.