JLEMUSIC, LLC

Terms and Conditions

Website and App Terms and Conditions

The following terms and conditions (the “Terms and Conditions”) govern your use of JLEMUSIC-operated websites and/or mobile apps (collectively, the “Site”).  The Site is made available by JLEMUSIC and its affiliates (collectively, “V” 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 JLEMUSIC’s Sites are governed by JLEMUSIC’s webstore terms and conditions that will be presented for review upon purchase.

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 JLEMUSIC, JLEMUSIC 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 JLEMUSIC or the applicable rights holder.  (The Site may contain some features that enable you to obtain rights to use certain aspects of the content on the Site, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by JLEMUSIC in such situations.)  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. JLEMUSIC 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 JLEMUSIC 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 JLEMUSIC 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 JLEMUSIC or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. JLEMUSIC 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. SMS/Mobile Programs. When you enroll in a text message service (“Mobile Program”) offered by JLEMUSIC or an artist we support, you agree to receive offers, abandoned shopping cart messages, and other information from JLEMUSIC or the relevant artist 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.

Messages may be sent using 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 Mobile Program and you will be responsible for any charges associated with such purchases. Message frequency varies. Your mobile carrier’s message and data rates may apply to any messages you send or receive through the Mobile Program, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.

As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Mobile Program or by replying to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. You can contact customer support directly by emailing info@jlemgroup.com using the subject line beginning with: “SMS Marketing Inquiry”.

If you choose to stop your subscription, you agree to receive a final text message from the Mobile Program to confirm your cancellation.  Our information collection and use policies regarding your information are set forth in our Privacy Policy. Mobile Programs that include marketing messages, including abandoned shopping cart messages, may use any information collected about you under our Privacy Policy to link your activity to your mobile number, personalize messages, and/or link your mobile number to an abandoned shopping cart.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. Carriers supported by a Mobile Program are not liable for delayed or undelivered messages. JLEMUSIC and our supported artists 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.

  1. 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: (i) 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 (ii) 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 (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
  2. 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, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (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: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Although JLEMUSIC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, JLEMUSIC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window.  You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

You agree to defend, indemnify and hold JLEMUSIC and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”)harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. JLEMUSIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with JLEMUSIC’s defense of such claim.

  1. Account and Password. You may be enabled to create an account in the Site (“Account”) using a stand-alone registration or social media logins (“Login”).  You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account.  You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify JLEMUSIC if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place.  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify JLEMUSIC when you desire to cancel your Account on the Site. JLEMUSIC will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  2. Software Downloads. In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by JLEMUSIC in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
  3. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site.  For example, you may be able to order certain music-related products and/or licenses through the Site.  You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you 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 JLEMUSIC.  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. 
  4. Third Party Websites. You may be able to link from the Site to third party websites (“Linked Sites”).  For example, you may purchase products, some of which may be JLEMUSIC products, on or though 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.
  5. 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, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, 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.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  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. JLEMUSICALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, JLEMUSIC AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH JLEMUSIC OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY JLEMUSIC “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND JLEMUSIC OR ITS LICENSOR OR SUPPLIER.

  1. LIMITATION OF LIABILITY.  IN NO EVENT SHALL JLEMUSIC 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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO JLEMUSIC FOR YOUR USE OF THE SITE.
  2. 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.
  3. 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. JLEMUSIC reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.  
  4. 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 email to :  info@jlemgroup.com
  5. 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.
  6. Dispute Resolution  You and JLEMUSIC agree to arbitrate all disputes between you and JLEMUSIC or its affiliates, except for disputes relating to the enforcement of JLEMUSIC’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 Michigan, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and JLEMUSIC relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, or in small claims court in Detroit, Michigan, U.S.A. or in your county of residence if your claims qualify.  In the event of  a dispute, you or JLEMUSIC must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice,  the facts of the dispute and relief requested.  You may initiate proceedings by sending Us a Notice of Legal Dispute, to the email address listed in the “Notices and Contact Information” above.

We will send any notice of dispute to you at the contact information we have for you.

You and JLEMUSIC 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 JLEMUSIC do not resolve the dispute in such 60 day time period, then you or JLEMUSIC may commence arbitration.  You and JLEMUSIC agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.  The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS’ Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration.  Information regarding these rules can be found on the JAMS website at www.jamsadr.org.  In addition, you and JLEMUSIC agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS.  In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.

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 Oakland County, Michigan, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. 

 

Webstore (shop.jenniferedison.com)

  1. General
  2. These terms and conditions (the “Terms“) govern your relationship (hereafter, “You” or “Your,” individually) with JLEMUSIC LLC (“JLEMUSIC“) when You use JLEMUSIC’s online services (the “Services“) via this webstore (this “Webstore“). Wherever You see “JLEMUSIC” on the website or in any of the Terms, this means JLEMUSIC and any of its affiliates, subsidiaries or any parent company (including the ultimate parent company) of JLEMUSIC and any subsidiary of any such parent company for the time being. From time to time, JLEMUSIC may use the services of third parties to assist JLEMUSIC in the provision of this Webstore, however, unless otherwise stated, the Services available on this Webstore are provided to You by JLEMUSIC.
  3. By purchasing products via this Webstore, You acknowledge that only this Webstore is controlled by JLEMUSIC and You accept and agree to these Terms (which include JLEMUSIC’s Privacy Policy) and You agree that this Webstore, including any transaction You make, is subject to these Terms. If You do not agree to these Terms, You may not use this Webstore.
  4. Orders may only be placed via this Webstore. JLEMUSIC does not accept orders in any other manner, including via telephone.
  5. You should print a copy of these Terms for future reference.
  6. If You have any questions about these Terms please contact JLEMUSIC by emailing: info@jlemgroup.com
  7. Placing an order via this Webstore may require You to use third party apps to commence and/or complete Your order. As such, when placing an order via this Webstore, You represent and warrant that You have accepted the terms and conditions of said third party apps, as applicable.

 

  1. Changes to These Terms
  2. JLEMUSIC may make changes to these Terms from time to time, which will be effective when posted on this Webstore. JLEMUSIC will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and Your continued use of this Webstore following the posting of changes will mean You accept those changes.
  3. You will be subject to the policies and Terms in force at the time that You order product(s) from JLEMUSIC, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

 

 III.           Webstore Content

  1. The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads (“Content“) are owned and controlled by or licensed to JLEMUSIC, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of JLEMUSIC or such affiliates, licensors and/or licensees.
  2. Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
  3. You may not, without JLEMUSIC’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

 

  1. System Requirements
  2. You may not:
  3. restrict or inhibit any other user from using and enjoying this Webstore or the Services;
  4. act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability;

iii. upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party‘s rights;

  1. impersonate any person or entity or misrepresent Your affiliation with any other person or entity;
  2. exploit any information or other material obtained on or through this Webstore for commercial purposes;
  3. engage in spamming, flooding, harvesting of e-mail addresses or other personal information, “spidering,” “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using JLEMUSIC cookies for purposes which are unrelated to the Services);

vii. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or

viii. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services.

 

  1. JLEMUSIC’s Software
  2. Software used to provide the Services (“Software“) is owned by or licensed to JLEMUSIC, JLEMUSIC’s affiliates or JLEMUSIC’s software suppliers. All rights in the Software are the sole and exclusive property of JLEMUSIC or JLEMUSIC’s suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and You acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, You may not:
  3. use the Software to transmit any content (including the Content) to JLEMUSIC or to any other person or entity;
  4. sell or otherwise distribute any part of the Software;

iii. modify, adapt, translate or reverse engineer any part of the Software;

  1. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized;
  2. use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
  3. use the Software for any commercial purpose.

 

  1. Registration and Passwords
  2. If a particular Service requires You to register with this Webstore or set up an account, You will need to complete a registration process by providing certain information (including Your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that You will provide truthful and accurate information when registering or opening an account. The decision to register a password is in JLEMUSIC’s discretion and JLEMUSIC may revoke Your password at any time.
  3. You are responsible for maintaining the confidentiality of the password and Your account information, and You are solely responsible for all activities that occur under Your password or account and for any access to or use of this Webstore by You or any person or entity using Your password, whether or not such access or use has been authorized by You, and whether or not such person or entity is Your employee or agent.
  4. You must immediately notify JLEMUSIC of any unauthorized use of Your password or account or any other breach of security.
  5. JLEMUSIC will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
  6. You are responsible for ensuring that the information JLEMUSIC holds is up to date. Please amend your details as appropriate from time to time or email info@jenniferedison.com to notify JLEMUSIC of any changes.
  7. You should ensure that your computer meets the minimum technical requirements for the Services, namely an internet, “JavaScripted,” and a cookies-enabled browser. You may be required to install third-party software to access some or all of the Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to JLEMUSIC’s the third-party software.
  8. Please see JLEMUSIC’s Privacy Policy for further explanation as to how JLEMUSIC uses the information JLEMUSIC collects from You and how JLEMUSIC uses cookies and traffic analysis tools.

 

VII.           JLEMUSIC’s Products

  1. This Webstore may allow You to:
  2. purchase physical products (e.g., apparel and other merchandise);
  3. download digital products (e.g., music and videos);

iii. purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);

  1. download (and/or participate) in online games, at a cost or free of charge;
  2. stream services to enable You to preview and/or listen to and/or watch music and videos online; and/or
  3. subject to any separate specific terms and conditions, offer such services to You on a subscription basis.
  4. Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified.
  5. Returns and/or exchanges will never be accepted for so-called “limited edition” product(s).
  6. Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
  7. If JLEMUSIC decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.

 

VIII.           Placing an Order

  1. By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old.
  2. If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your behalf.
  3. Follow the onscreen instructions on this Webstore to place an order.
  4. Items which You select for purchase, download and/or streaming (as applicable) will automatically be placed in Your “shopping basket.” To remove an item from Your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in Your basket.
  5. Once You have pressed the “checkout” (or similar) button, You will be asked to provide certain information to allow JLEMUSIC, or a service provider engaged by JLEMUSIC, to process Your order (including Your selected payment method and credit card, PayPal, e-wallet or other payment details).
  6. JLEMUSIC cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Section XI as applicable, below).
  7. You will receive an order summary confirmation on screen and/or by email (as long as You have provided JLEMUSIC with a valid email address) acknowledging that JLEMUSIC has received Your order – this does not mean that Your order has been accepted. Your order represents an offer to JLEMUSIC to purchase a particular item which is accepted by JLEMUSIC only when JLEMUSIC sends You an email (“Dispatch Confirmation“) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content.
  8. JLEMUSIC may reject, modify or cancel Your order for any reason prior to shipping Your order. If JLEMUSIC rejects Your order after payment has already been taken, JLEMUSIC will provide You with a refund in accordance with JLEMUSIC’s Refund Policy set out in Section XIII (below). Where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) JLEMUSIC will refund the relevant element of the order in accordance with JLEMUSIC’s Cancellation Policy (set out in Section XI as applicable, below) for that particular product.
  9. Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. JLEMUSIC is not liable for delays due to carrier, regardless of shipping method.
  10. If You have selected a trackable shipping method at checkout, You will receive tracking information via the email You provided with Your shipping information.
  11. Shipping delays will occur if an incorrect address is provided at the time of checkout. JLEMUSIC is not responsible for any lost packages due to Your provision to JLEMUSIC of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to JLEMUSIC due to a shipping error, JLEMUSIC will contact You, via the email You provided with your shipping information, for an updated address to send the product(s). If JLEMUSIC does not receive a response within ten (10) business days of contacting You, JLEMUSIC reserves the right to refund Your order.
  12. If You have ordered multiple items within a single order, JLEMUSIC reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order containing multiple items into multiple shipments (“Split Shipping”) at JLEMUSIC’s discretion. For some orders, JLEMUSIC may offer You the ability to choose Split Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, Your items will ship in separate packages as they become available for shipment. Split Shipping is not available for every order and JLEMUSIC reserves the right to revoke Split Shipping options at any time. 
  13. JLEMUSIC may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship together in a single shipment when all items become available to ship, or solely at JLEMUSIC’s discretion, JLEMUSIC may split Your order into separate shipments, as items become available.  Split Shipping is not available at Your option during checkout for expedited orders. JLEMUSIC reserves the right to revoke expedited shipping options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the items are ready to ship from JLEMUSIC’s warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The timeline for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all preorder and shipping timelines prior to selecting Your shipping method. 

 

  1. General Disclaimer
  2. Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax, VAT, and/or other taxes as applicable. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. JLEMUSIC has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply. Offers only apply to the United States unless otherwise noted.

 

  1. Payment
  2. JLEMUSIC may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. JLEMUSIC may change the prices for products at any time by posting new prices on this Webstore.
  3. By paying with Your credit or debit card, or any other payment method, You confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
  4. Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank statement under the applicable artist or store name, or as JLEMUSIC, or under the name of an applicable technology vendor (such as “Shopify”). If You have any questions about what to expect on Your credit card statement, please contact info@jenniferedison.com.
  5. It is always possible that, despite JLEMUSIC’s best efforts, some of the items listed on this Webstore may be incorrectly priced. JLEMUSIC will usually verify prices as part of JLEMUSIC’s dispatch procedure so that, where a product’s correct price is less than JLEMUSIC’s stated price, JLEMUSIC will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on this Webstore, JLEMUSIC will usually, at JLEMUSIC’s discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. JLEMUSIC is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after JLEMUSIC has sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You.
  6. Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your purchase or soon afterwards.
  7. JLEMUSIC may use a third-party service provider to process payments, but will ensure that any payment processor engaged by JLEMUSIC will use security to encrypt credit or debit card data.
  8. JLEMUSIC will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact info@jenniferedison.com with any questions related to Your order if You are notified it is flagged for fraud.

 

  1. Cancellation, Delivery and Usage Rules
  2. Digital Content
  3. Cancellation – If You order digital content to download or stream, You will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason. However, if You decide to download or stream Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When JLEMUSIC delivers You the link to download or stream Your content, JLEMUSIC will make it clear that by clicking on that link You are giving up these cancellation rights. If You are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms apply as set out in paragraph XI(2) below.
  4. Delivery – Each download item made available to or purchased by You can be accessed via the relevant area of this Webstore using Your login details and/or following the instructions provided onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorized by following the instructions provided onscreen or via email. JLEMUSIC reserves the right to send digital and/or physical goods in partial deliveries (i.e., You may receive multiple packages or links related to a single order).

iii. Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. In the event You experience any problems in downloading the relevant download item, JLEMUSIC will allow You to subsequently attempt to download the relevant download item. In the event You experience any problems when downloading, please contact info@jenniferedison.com.Please note, JLEMUSIC may withdraw products from this Webstore at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for Your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights management software may be used from time to time to prevent any unlawful use.

  1. Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please let JLEMUSIC know as soon as possible (by contacting JLEMUSIC at info@jenniferedison.comthat the digital content is indeed defective, JLEMUSIC will first attempt to repair or replace the relevant product at JLEMUSIC’s cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible, JLEMUSIC will refund You for either the full or partial cost of the product as appropriate. If JLEMUSIC agrees to a refund, JLEMUSIC will refund the sum agreed within fourteen (14) days of confirming to You that You are entitled to a refund.

 

  1. Physical Products
  2. Cancellation

a.) Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, You may cancel Your purchase of physical products at any time prior to the product being shipped to You, for any reason, by emailing a notice of cancelation to info@jenniferedison.com, prior to receiving a shipping confirmation. If Your item has already shipped, You may return the item for store credit within five (14) days of receiving the product for any reason, provided that You follow the specified instructions from JLEMUSIC regarding returns. In this case, You will receive a full refund of the price paid for the product(s) in accordance with JLEMUSIC’s Refund Policy set out in Section XIII below. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and JLEMUSIC has begun the process of delivering Your digital product order, JLEMUSIC will refund the relevant physical element of the order in accordance with JLEMUSIC’s Cancellation Policy as set out in this Section XI(2). Where You order multiple items that are delivered in separate batches, Your fourteen (14) day cancellation period does not begin until the day after the last item has been received by You.

b.) To cancel in accordance with the terms herein, You must inform JLEMUSIC clearly. JLEMUSIC recommends emailing info@jenniferedison.com with a clear “Notice of Order Cancelation” and Your order number in the subject line of the email. Please return the product to JLEMUSIC immediately in the same condition you received it (at your own cost and risk), following the specific return instructions You receive. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, JLEMUSIC may have a claim against You for reimbursement for any damage caused by You to the product.

c.) Further details, including an explanation of how to exercise Your right to cancel, may be provided in the Dispatch Confirmation for physical goods. Details of JLEMUSIC’s Refund Policy can also be found at Section XIII.

d.) Note, this right to cancel does not apply:

1.) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;

2.) where the product has been made to Your specification;

3.) to digital content (see Sections XI(1) above);

4.) where the product, by reason of its nature, cannot be returned, or is billed as a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page;

5.) Limited addition merchandise or other memorabilia; and

6.) Merchandise that has been worn, washed or in any way damaged by the consumer.

 

  1. Delivery. JLEMUSIC will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of JLEMUSIC’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.

iii. Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when JLEMUSIC receives full payment of all sums due in respect of the products, including delivery charges.

 

XII.           Damaged, Incorrect or Incomplete Orders

  1. If Your order arrives damaged, incorrect or incomplete, please contact JLEMUSIC at info@jenniferedison.com.
  2. Damaged. If Your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to JLEMUSIC. Once JLEMUSIC receives the photographs, JLEMUSIC will issue You a return label via email. Once the damaged product(s) is shipped back to JLEMUSIC, and JLEMUSIC obtains possession of said product(s), JLEMUSIC will provide You with replacement product(s).
  3. Incorrect. If Your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact JLEMUSIC notifying JLEMUSIC that You received incorrect product(s), JLEMUSIC will issue You a return label via email. Once the incorrect product is shipped back to JLEMUSIC, and JLEMUSIC obtains possession of said product(s), JLEMUSIC will provide You with a replacement product.
  4. Worn or Washed. JLEMUSIC will not provide return labels, nor be responsible, for any product that has been worn or washed.

 

XIII.           Refund Policy

  1. If You cancel Your purchase of products as detailed in Section XI above, JLEMUSIC will process the refund due to You as soon as possible. In such event, JLEMUSIC will refund the price of the product in full, including the cost of delivering the item to You via standard delivery, provided that You have taken reasonable care of the returned product. If audio, video or software products provided to You in a separate sealed packet are opened, You may not be entitled to a refund. You will be responsible for the cost of returning the item to JLEMUSIC. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and JLEMUSIC has begun the process of delivering the digital part of Your product order, JLEMUSIC will refund the relevant element of the order in accordance with JLEMUSIC’s Cancellation Policy (as set out in Section XI as applicable) for that particular product.
  2. If You seek to cancel Your purchase because You claim that the product is defective or that there has been damage or error on JLEMUSIC’s part, JLEMUSIC will examine the returned product and will notify You of Your refund or otherwise via email within a reasonable period of time.
  3. In the event that JLEMUSIC has to cancel Your order after payment has been received from you, JLEMUSIC will notify You of JLEMUSIC’s need to cancel Your order and supply You with a refund as soon as possible.
  4. Products returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to JLEMUSIC.
  5. JLEMUSIC will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase, or any other prepaid method, You may receive credit back to the applicable gift card or prepaid method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure You receive credit upon any refund.

 

XIV.           Technical Problems

  1. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by JLEMUSIC or the relevant third-party supplier as appropriate.
  2. JLEMUSIC will not be liable to You for failures, defects or delays in delivery caused by:
  3. Your provision of incorrect information;
  4. Your computer failing to meet the minimum technical requirements for the Services;

iii. Your failure to comply with instructions for use of the Services; or

  1. an event which is outside of JLEMUSIC’s reasonable control.

 

  1. International Orders; Import Duty
  2. Products ordered from this Webstore for delivery outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated destination.
  3. Products ordered from this Webstore for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You acknowledge that You may be listed as the declarant on any customs declaration(s) associated with Your order(s), as applicable. You will be responsible for payment of any such import duties and taxes. Further, You shall be responsible for any local pickup or specified delivery with Your local postal service. JLEMUSIC has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
  4. You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. JLEMUSIC will not be liable for any breach by You of any such laws.

 

XVI.           Games

  1. JLEMUSIC may from time to time provide access via this Webstore to games, applications, and other such features (the “Games“) that may be accessed by You subject, in addition to the Terms, to the following specific provisions:
  2. Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via this Webstore (collectively the “Materials“) are the property of JLEMUSIC, or its suppliers, and are protected by the United States’ and international copyright, trademark and other relevant intellectual property and proprietary rights laws.
  3. You may access and use the Games and the Materials only for Your personal and non-commercial use and, if applicable, in accordance with the terms of the end user license agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.

iii. Except as expressly authorized by JLEMUSIC in writing, You may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.

  1. You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JLEMUSIC without first obtaining JLEMUSIC’s express written consent.
  2. You may not use any meta tags or any other “hidden text” using JLEMUSIC’s name or trademarks without JLEMUSIC’s express written consent. Any unauthorized use immediately terminates the permission or license granted by JLEMUSIC.
  3. You agree that JLEMUSIC in its sole discretion may terminate, modify, delete or suspend Your access to the Games, or any part thereof, with or without notice to You. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of Your Games account will be forfeited.

vii. JLEMUSIC’s the Games are subject to all other JLEMUSIC policies and rules posted on this Webstore, including JLEMUSIC’s Privacy Policy. JLEMUSIC reserves the right to make changes to the Games, the policies, the rules, and these terms at any time.

viii. When You access the Games, You are communicating with JLEMUSIC electronically. You hereby consent to receive such electronic communications.

  1. The Games are provided on an “as is” and “as available” basis. JLEMUSIC makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials or products included on or accessing/downloading from this Webstore. You expressly agree that You are accessing/downloading the Games at Your sole risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading of any such information, content, material or products. JLEMUSIC does not warrant that the Games, its servers, or any electronic communications sent to You are free of viruses or other harmful components.

 

XVII.           Ticket and Event Pre-Sale Terms

  1. JLEMUSIC may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
  2. Access to obtain tickets before the general public (“Pre-Sale Access“) does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a pre-sale offering.

iii. Pre-Sale Access is controlled by third party entities, and JLEMUSIC and related parties have no control or liability in relation to such third party ticket offers.

  1. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
  2. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply.
  3. JLEMUSIC does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement.

vii. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows You are certain You can attend.

vii. You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.

 

XVIII.           Termination

  1. JLEMUSIC may, in JLEMUSIC’s sole discretion, terminate Your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) You are in breach of these Terms; or, (ii) if JLEMUSIC believes, in JLEMUSIC’s absolute sole discretion, that the Services, the Content or the Software, is unsuitable.
  2. Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which JLEMUSIC may be entitled, at law or in equity.
  3. Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to JLEMUSIC and JLEMUSIC’s licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).

 

XIX.           Warranty; Liability

  1. JLEMUSIC warrants to You that any goods purchased from JLEMUSIC through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  2. With respect to the sale of certain merchandise or auctions to residents of the State of California, pursuant to California Civil Code, Title 1.1A, Autographed Memorabilia, Cal Civil Code § 1739.7 (2017): SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
  3. In relation to JLEMUSIC’s supply of products via this Webstore (including both digital and physical products) JLEMUSIC’s liability for losses which You suffer is strictly limited to the purchase price paid by You. JLEMUSIC is not responsible for indirect losses which are not foreseeable by You and JLEMUSIC (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
  4. JLEMUSIC shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if JLEMUSIC has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You and instead JLEMUSIC will be liable to You only for the direct and actual loss suffered by You and will not be liable for any indirect, incidental and/or consequential loss, even if JLEMUSIC has been advised of the possibility of such loss.
  5. You agree to indemnify JLEMUSIC, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, arising out of or related to Your breach of these Terms, misuse of the products, or Your violation of any applicable law, rule, regulation or third party right.
  6. This Section does not in any way limit or exclude JLEMUSIC’s liability for any matter for which it would be illegal for JLEMUSIC to exclude, or attempt to exclude, JLEMUSIC’s liability.

 

  1. Transfer Rights and Obligations
  2. The agreement between You and JLEMUSIC created by these Terms (the “Agreement“) is binding on You and JLEMUSIC and on JLEMUSIC’s respective successors and assigns.
  3. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without JLEMUSIC’s prior written consent.
  4. JLEMUSIC may transfer, assign, charge or sub-contract the Agreement, or any of JLEMUSIC’s rights or obligations arising under it, at any time during the term of the Agreement, provided that JLEMUSIC remains primarily liable for JLEMUSIC’s obligations under the Agreement where applicable.

 

XXI.           Events Outside JLEMUSIC’s Control

  1. JLEMUSIC will not be liable or responsible for any failure to perform, or delay in performance of, any of JLEMUSIC’s obligations that is caused by events outside JLEMUSIC’s reasonable control. JLEMUSIC’s performance under these Terms is deemed to be suspended for the period that any such event continues, and JLEMUSIC will have an extension of time for performance for the duration of that period. JLEMUSIC will use JLEMUSIC’s reasonable efforts to find a solution by means of which JLEMUSIC’s obligations may be performed despite such event.

 

XXII.           Resolving Disputes Between You and JLEMUSIC

  1. JLEMUSIC aims to help You with any queries or complaints You may have with the services and goods JLEMUSIC provides. Email JLEMUSIC at info@jenniferedison.com with any questions or issues.

 

XXIII.           Miscellaneous

  1. These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and JLEMUSIC and supersede and extinguish any prior understandings, agreements or terms between You and JLEMUSIC.
  2. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
  3. No breach by either You or JLEMUSIC of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
  4. No failure or delay by either You or JLEMUSIC in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or JLEMUSIC of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
  5. These Terms shall be binding on and endure for the benefit of each party’s successors in title.
  6. The views and opinions expressed on this Webstore do not necessarily reflect those of JLEMUSIC and its Affiliates. 

XXIV.           Governing Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan and You and JLEMUSIC hereby irrevocably submit to the non-exclusive jurisdiction of the State of Michigan, Oakland County as regards to any claim or matter arising in relation to these Terms.
  2. Please note, You must comply with all applicable laws and regulations of the country for which the products are destined. JLEMUSIC will not be liable for any breach by you of any such laws.

 

XXV.           Communication

  1. Applicable laws require that some of the information or communications JLEMUSIC sends to You should be in writing. When using this Webstore, You accept that communication with JLEMUSIC will be primarily communicated electronically. JLEMUSIC will contact You by email or provide You with information by posting notices on this Webstore. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that JLEMUSIC provides to You electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
  2. All legal notices given by You to JLEMUSIC must be given to JLEMUSIC at the address set out below or the following email address: info@jlemgroup.com. JLEMUSIC may give notice to You at the email or postal address You provide to JLEMUSIC when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
  3. If You have any queries about these Terms, this Webstore or any of JLEMUSIC’s Services please contact: info@jenniferedison.com.JLEMUSIC’s notice address is:
    JLEMUSIC, LLC.
    12650 Ventura Blvd #1174
    Studio City, California 91604 
    JLEMUSIC’s hours of operation are Monday through Friday, 9:00 AM to 5:00 PM, Pacific Time.