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.
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 email@example.com using the subject line beginning with: “SMS Marketing Inquiry”.
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.
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.
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.
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.
III. Webstore Content
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;
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.
iii. modify, adapt, translate or reverse engineer any part of the Software;
VII. JLEMUSIC’s Products
iii. purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);
VIII. Placing an 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 firstname.lastname@example.org.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.
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 email@example.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 firstname.lastname@example.org 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.
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
XIII. Refund Policy
XIV. Technical Problems
iii. Your failure to comply with instructions for use of the Services; or
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.
viii. When You access the Games, You are communicating with JLEMUSIC electronically. You hereby consent to receive such electronic communications.
XVII. Ticket and Event Pre-Sale Terms
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.
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.
XIX. Warranty; Liability
XXI. Events Outside JLEMUSIC’s Control
XXII. Resolving Disputes Between You and JLEMUSIC
XXIV. Governing Law and Jurisdiction