TERMS OF USE
(Contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. PLEASE READ THIS CAREFULLY!)
This Internet website is the property of Judi Lewinson Media. References to "JLM ", "JLM Online Services", or "this website" shall also be deemed to be references to Judi Lewinson Media.
JLM PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE "JLM ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND JLM ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND JLM WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE JLM ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to JLM and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of JLM in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern and/or apply to your use of the JLM Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of JLM, its labels, or any person or property associated with JLM, the JLM Online Services, this website, or any other website in the JLM family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the JLM Online Services, that: (1) you will not use this website or any of the JLM Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the JLM Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the JLM Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the JLM Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the JLM Online Services.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless JLM and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the JLM websites and any related JLM Online Services (including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
JLM HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER JLM, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE JLM ONLINE SERVICES.
JLM, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE JLM ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE JLM ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. JLM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE JLM ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JLM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE JLM ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT JLM) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, JLM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. JLM reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
LICENSE TO JUDI LEWINSON MEDIA
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting JLM a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless JLM and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. JLM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the Province of British Columbia and shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Vancouver in the Province of British Columbia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. JLM may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
Last Update: January 2010
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PRIVACY POLICY
Your privacy is important to us. That is why we want you to be informed about how we protect the privacy of visitors to our site. Please take a moment to read the following policy, which describes our practices for the collection and use of personally identifiable information on this site. Sites that are linked to our site may have different policies, please review the privacy policy notices on those sites for details.
We do not collect personally identifiable information about you on this site without your knowledge, and all such information is collected directly from you. For example, we may ask you to provide your email address, name, mailing address, cell phone number and carrier service provider or other information about you in order to participate in contests, chat rooms, blogs, or on bulletin boards; to be added to the list to receive email or SMS (text message) updates on particular artists or types of music; to send so-called "postcards" or to conduct transactions elsewhere on the site. You are not required to provide us with this information, but if you choose not to, you may not be able to participate in some of the activities on this site.
We use the information we collect from you to allow you to participate in the site activities for which the information is collected. For example, when you give us your email address in order to receive updates on a particular artist or type of music, that address is added to the email list for that artist or type of music. On each email you receive, you are given the opportunity to unsubscribe; once you unsubscribe, you will no longer receive such emails.
A cell phone number and carrier service provider is only required if you want to receive updates on a particular artist or type of music via SMS (text messages) sent to your mobile phone. There are usually costs associated with receiving SMS (text) messages depending on your wireless carrier and plan. You should check with your mobile carrier to determine what charges apply.
For contests conducted on this site, we use the personal information you provide only for the purpose of contacting you if you win a prize and sending the prize to you. We do not use contact information contained in contest entries to create mailing lists or for any other purpose, unless you have simultaneously subscribed to a mailing list. For further information about how we handle entries to a particular contest, please consult the contest rules.
We may share the personal information we collect from you with our affiliates or send you email promotions and special offers from reputable third parties in whose products or services we think you may have an interest. We may also share your information with reputable third parties who may contact you directly and/or supplement the information you provide with information received from third parties. Such third parties may include representatives of our current or former recording artists.
Personal information collected on this site may be shared with service providers such as those with whom we contract to operate this site (for example, to send you a promotional item that you have requested on the site). These contractors have agreed with us to use personal information of site visitors only for the purposes of carrying out these operations. To the extent required or permitted by law, we may also collect, use and disclose personal information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements. We may also use your information as permitted by law to perform credit checks, report or collect debts owed, or protect our rights or property, our website, or its users.
Some information may automatically be collected as you browse our site. Our web server automatically collects information known as "clickstream data," such as the domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics. We also may use cookies or web beacons on our site. Cookies are pieces of information that a web site transfers to the hard drive of a visitor's computer for record-keeping purposes. We use cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor and to help us understand what areas of the website are of greatest interest to you. Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit our website. Certain pages on our site may contain “web beacons” (also known as Internet tags, pixel tags or clear GIFs). Web beacons may allow third parties to obtain non-personally identifiable information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.
We use clickstream data, web beacons and cookies only in the aggregate to measure the use of our site and to administer and improve our site. Any sharing of such data with unrelated third parties is on an anonymous basis. When we collect personal information, we may extract some of the information, such as demographic information and combine it with other information, such as clickstream data. This combined information is used and analyzed only at an aggregate level to help us or third parties understand trends and patterns.
We try to keep the information we collect from you as current as possible, and we take reasonable steps to maintain the security of your personal information and to prevent unauthorized access to it by those who do not have a legitimate need for it. To that end, we periodically review our security measures. It is our policy not to post your email address or other identifying information you have provided on our site without your consent. Your consent is assumed if you post such information to a publicly viewable interactive site application such as a blog, bulletin board or chat room.
If you are under 13 years of age, you should not provide any personally identifiable information on this site without the knowledge and permission of your parent or guardian. There are certain web pages within our website that require users to be at least 13 years of age; these pages require you to enter your date of birth, and anyone under the age of 13 will be restricted from participating in such web page activities. We use cookies and/or web beacons to assure that this restriction persists. This may mean that you will be unable to participate in some activities on the site.
All contests that are held on this site are limited to persons above a certain age. Accordingly, we ask each contestant to provide year of birth, as well as name, address, and email address. Please refer to the specific age requirements for each contest as rules may vary from contest to contest.
We ask each visitor who wishes to participate in blogs, chat rooms and bulletin boards on this site to provide an email address along with the visitor's screen name to access these functions. Each visitor who wishes to send a so-called "postcard" is asked to provide the visitor's screen name and email address, the recipient's name and email address, and a message selected by the visitor. Except for the uses described in the paragraphs above, all such email addresses are used only to protect the security and integrity of the site, such as to take action against visitors who post inappropriate material or harass other visitors. You are responsible and are deemed to have consented to disclosure if you post your email address or other identifying information to a publicly viewable interactive site application such as a blog, chat room or bulletin board.
We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets, or in the event of insolvency, bankruptcy or receivership.
The operator of this site is Judi Lewinson Media.
By using our site you consent to our collection and use of your personal information as described in this policy. We reserve the right to modify this privacy statement and related business practices at any time by posting updated text on this site, and your continued use constitutes acceptance of those changes. Thank you for visiting our site, and for taking the time to read this policy.
Last Updated: January 2010
