PLEASE NOTE: The Site may include or be used in connection with certain ThirdParty Applications (as defined in Section 16 below). Your access to or use ofsuch Third Party Applications may be governed by additional terms andconditions that are not set forth in this Agreement and that are made availableby the particular providers of such Third Party Applications.
1. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site.We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed thisAgreement by referring to the "LAST UPDATED" legend above. Your use of theSite following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "LAST UPDATED" date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
2. Jurisdiction. The Site is controlled and/or operated from France, and is notintended to subject us to non-France jurisdiction or laws, except as otherwiseexpressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the France. If you access the Site, you doso at your own risk, and you are responsible for complying with all local laws,rules and regulations. We may limit the Site's availability, in whole or in part, toany person, geographic area or jurisdiction we choose, at any time and in oursole discretion.
4. Rules of Conduct. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. You will not:Post, transmit, or otherwise make available, through or in connection with the Site:
• Anything that is or may be (a)threatening, harassing, degrading, hateful or intimidating; (b)defamatory; (c)fraudulent or tortious; (d)obscene, indecent, pornographic or otherwise objectionable; or (e)protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
• Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking" or "phreaking."
• Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of any hardware, software or equipment.
• Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity or any other form of solicitation.
• Any material non-public information about a company without the proper authorization to do so.
• the Site, without our express prior, written consent.
• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonate any person or entity, including any of our representatives falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
• Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.• Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.• Frame or mirror any part of the Site without our express prior written consent.
• Create a database by systematically downloading and storing all or anySite content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of theSite, without our express prior, written consent.
We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules ofConduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
5. Registration. You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
a. Generally. The Site may contain areas where you can post information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a"Submission").
b. Disclaimers. It is possible that Site visitors will post information or materials on the Site that are wrong or misleading or that otherwise violate this Agreement.We and our respective Artists, Representatives and Providers do not endorse and are not responsible for any information or materials made available through theSite or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.
c. Acknowledgement. You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you post, including, without limitation, the ability to participate in activities on the Site and the possibility that publicity or favorable exposure may arise from our use of such Submission or any derivative works incorporating or embodying such Submission; and (ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or any other party (including, without limitation, ourArtists, Representatives and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.
d. Representations and Warranties. You hereby represent and warrant that: (i)you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post, you have obtained express, written clearances from all owners of and right sholders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual's name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by theAgreement, or, if any such identifiable individual is under the age of eighteen(18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) anySubmission that you post, and the use thereof by us and our and their respective designees (including, without limitation, our and their respective Artists,Representatives and Providers), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound(including without limitation any agreement with any third party). If you do posta Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual's name or address) within such Submission.
e. Waiver; Further Assurances; Indemnity. To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us and our and their respective Artists, Representatives and Providers from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us and our and their respective Artists,Representatives and Providers with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses(including, without limitation, reasonable attorneys' fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit moral," or similar rights, in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us to obtain the full benefits of this Agreement and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.Without limiting any other provision herein, you agree to indemnify us and our and their respective Artists, Representatives and Providers as further set forth herein, including in Section 20 below.
f. No Obligation to Use. For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under thisAgreement, and we shall have no obligation to use or otherwise exploit anySubmission.
7. Products. All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, software and other copyrightable materials (collectively, the"Products") are owned by us and/or our (or their) licensors. If a separate agreement provided by us governs a particular Transaction or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us and/or our licensors, you have a limited right to use thoseProducts that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of thisAgreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us and our (or their)licensors, and you hereby agree to abide by such usage rules, including those set forth below. Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement.
9. Product Delivery. Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particularProduct. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
10. Usage Restrictions for Products. All Products you purchase, obtain or access on or through the Site are solely for your personal, non-commercial use. Exceptas otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re digitize any Products, or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us (e.g., a "Create Your Own Video"contest offered on the Site), you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell theProducts, including, without limitation, posting any Product for auction on anyInternet auction site or "trading" the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products. Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the Site:
12. Our Proprietary Rights. We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.We and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site, including without limitation ELECTROPOSE, and any associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any productor service that is not ours, or in any manner that is likely to cause confusion.Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT,INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES,MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING,WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING,WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
15. Links and Feeds. The Site may provide links to or feeds from other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TOAND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS ATYOUR OWN RISK.
16. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS,SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT,INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE AND OUR RESPECTIVE ARTISTS,REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. (CERTAIN PROVIDERS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS; PLEASE CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NORE PRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF),OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER,WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE,HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SITE ORANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY GOODS,SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT,INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ONTHE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.WE AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT,INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TOYOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. While we try to maintain the security of the Site, we do not guarantee that theSite or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site or any Third Party Applications.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you;(c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage toor infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
18. Termination. This Agreement is effective until terminated. We may, at anytime and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your username and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our respective Artists, Representatives andProviders with respect to such termination. We and our respective Artists,Representatives and Providers, shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
19. Governing Law; Dispute Resolution. You hereby agree that this Agreement(and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws ofFrance, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Paris, France., and waive any jurisdictional, venue or inconvenient forum objections thereto.
20. Information or Complaints. If you have a question or complaint regarding theSite, please feel free to contact us via e-mail at email@example.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
21. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
22. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions firstname.lastname@example.org. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
All materials © 2020 Get The Sound. All rights reserved.
Personal Information We Collect
Two types of information are collected in connection with the Properties: PersonalInformation and Other Information. “Personal Information” is information that identifies you or makes you identifiable as an individual.“Other Information”is any information that does not reveal your specific identity. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose PersonalInformation as detailed in this Policy. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect the following Personal Information from you:
• Postal address (including billing and shipping addresses)
• Telephone number
• Email address
• Credit and debit card number
• Shopping Cart Content
Collection of Personal Information
We and our third-party service providers collect Personal Information through theProperties in a variety of ways, including:
• Through the Properties : We may collect Personal Information through the Properties, for example, when you register for newsletters or other communications through the Properties, make a purchase or make a request.
• Offline : We may collect Personal Information from you offline, e.g., if you provide information to us at a concert venue.
• From Other Sources : We may receive your Personal Information from other sources, for example: publicly available databases or marketing partners when they share information with us in the context of marketing and promotional campaigns related to our business. If you use your social media or other third party account to enter our sweepstakes, contest, or promotions or via an initiation to sign into such account on our Properties, you will share certain PersonalInformation from your third party account with us which may include, for example, your name, email address, photo, list of social media contacts, listening history, favorite tracks and any other information that you make or which is otherwise accessible to us when you connect through such third party account.
You are not required by statute or contract to provide any Personal Information to us. For example, when you participate in various opportunities provided through the Properties, we collect Personal Information from you in order to enable you (or us) to complete your experience on the Properties.
How We May Use Personal Information
We and our third-party service providers may use Personal Information for the following business purposes including:
• Providing the functionality of the Properties and fulfilling your requests :
- To provide the Properties’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.
- To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Properties.
- To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
- To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
- To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.o We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
• Providing you with our newsletter and/or other marketing materials and facilitating social sharing :
- To send you marketing communications, that we believe may be of interest to you if you have indicated that you would like to receive them (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising).
- To facilitate social sharing functionality that you choose to use.
- We will engage in this activity with your consent.
• Analysis of Personal Information for business reporting and providing personalized services :
- To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Properties.
- To personalize your experience on the Properties using your IP address, by presenting content, products, and offers tailored to you.
• We will provide personalized services either with your consent or because we have a legitimate interest.
• Allowing you to participate in sweepstakes, contests or other promotions:
• We use this information to manage our contractual relationship with you.
• Aggregating and/or anonymizing Personal Information:
- We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
• We will engage in this activity because we have a legitimate interest.
• Accomplishing our business purposes:
- Data analysis, for example, to improve the efficiency of our Properties.
- Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
- For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft
- For developing new products and services
- For enhancing, improving, or modifying our current products and services.
- For identifying usage trends, for example, understanding which parts of our Properties are of most interest to users.
- For determining the effectiveness of promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
- For operating and expanding our business activities, for example, understanding which parts of our Properties are of most interest to our users so we can focus our energies on meeting our users’ interests.
• We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
Disclosure of Personal Information
We may disclose Personal Information:
• To our third-party service providers (and in some cases, our affiliates), to facilitate the services they provide to us :
- These can include providers of services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
• To third parties, to permit them to send you marketing communications, consistent with your choices:
- Unaffiliated third parties or their vendors, to permit them to send, or cause to be sent, marketing communications to you in online and offline media.
- Our artists (including any of the artists’ band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a)sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for artists’ and their representatives’ use of Personal Information.
- To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist’s website)
• To third parties that sponsor contests, sweepstakes and similar promotions so that they can facilitate and administer such contests, sweepstakes and promotions
• By using the Properties, you may elect to disclose Personal Information.
Other Uses and Disclosures
We may also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest todo so:
• To comply with applicable law:
- This can include laws outside your country of residence.
• To respond to requests from public and government authorities:
- These can include authorities outside your country of residence.
• To cooperate with law enforcement:
- For example, when we respond to law enforcement requests and orders.
• For other legal reasons :
- To enforce our terms and conditions
- To protect our operations or those of any of our affiliates or artists.
- To protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or
- To allow us to pursue available remedies or limit the damages that we may sustain.o In connection with a sale or business transaction.
• We have a legitimate interest in disclosing or transferring your PersonalInformation to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria we use to determine our retention periods include:
• The length of time we have an ongoing relationship with you and provide the Properties to you (for example, for as long as you have an account with us or keep using the Properties);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
We ask that you not send us, and you not disclose to us, any sensitive PersonalInformation (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise.
Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above) such as:
• Browser and device information
• Mobile App usage data
• Geographic location information
• Demographic information and other non-personally identifiable information provided by you
• Information about how you use the Properties
• Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
• Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC)address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content and advertisements to the device.
• Through your use of Mobile Apps: When you download and use aMobile App, we and our service providers may track and collect MobileApp usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
• Geographic location information: If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
• From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information tous. This information does not necessarily personally identify you or any other user of the Properties, unless further information is added to it that would allow identification to take place. In such case, the information will be treated as Personal Information.
• Information about how you interact on the Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
• By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect OtherInformation” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine OtherInformation with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with PersonalInformation, the combined information will be treated by us as PersonalInformation as long as it is combined.
We will use reasonable physical, technical and administrative measures to protect Personal Information under our control. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately in accordance with the “Contact” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of Personal Information about you for marketing purposes.
You may opt-out from the following as set forth below:
• Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email orby emailing us at email@example.com
• Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back “STOP” or by emailing us at firstname.lastname@example.org.
• Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes: If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at email@example.com
• In each case, please make clear in your email what you are opting-out from. We will comply with your request(s) as soon as reasonably practicable. Please note that, if you do opt-out from receiving marketing related messages from us, we may still send administrative messages to you.
How you can access, change or delete your Personal Information
If you would like to access, review, correct, update, suppress, restrict or deletePersonal Information that you previously provided to us, if you would like to object to our use of your Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at: firstname.lastname@example.org.We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).
Where our collection and use of Personal Information is based on your consent, you may withdraw such consent at any time by emailing us at email@example.com and such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal.
The Properties are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Properties.
Get The Sound
14 Rue Montbauron
Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.