What is a Privacy Notice?
Under data protection law you, as client of Bare Wall Studios operating under the name Bare Wall Jukebox, you have specific rights. To communicate these rights to you in a clear and concise manner, we are providing you with this privacy notice.
Who We Are
We are Bare Wall Studios, Brislington Hill, Bristol BS4 5BD, telephone number 01773364305, email address email@example.com. For the purposes of processing your personal data we are the Controller.
Data Protection Officer
As we record and use sensitive data we take the protection of this data very seriously. Although not required, we have therefore appointed a Data Protection Officer, Xavier Underwood, who is your first point of contact for any matters regarding your personal data we process. They can be contacted on 01773364305, their email address is firstname.lastname@example.org and their postal address is as given above.
The Personal Data We Process and What We Do with It
We record and use the following categories of personal data which may include: name, company name, address, telephone numbers and email address.
Sharing Your Personal Data
As a rule we never share your personal data and, if needed, we only share your personal data with your explicit consent, where, for example we need to contact a third party and give them your contact details in order to resolve a technical issue or progress your personal development (eg an agency). Where third parties are used by to store or handle your personal data, we ensure they are compliant with the data protection law and any such data is not stored outside of the EU.
Retaining Your Personal Data
If you are a long-term client of us we will continue to store and use your personal data limited to name, address, email and phone number. If you are a business we will retain your personal data for a period no greater than 10 years from the date of the last invoice. For home users we will retain your personal data for a period no greater than 5 years from the date of the last invoice. Limited information will retained within our accounts systems indefinitely to maintain the integrity of the data. For short term clientel, personal data is destroyed in accordance to the GDPR guideline within 7 days of project completion.
As we process your personal data, you have certain rights. These are a right of access, a right of rectification, a right of erasure and a right to restrict processing.
· You may request a copy of your data at any time. Please make such a request in writing or by email to the Data Protection Officer, whose details are shown above. Please provide the following information: your name, address, telephone number, email address and details of the information you require.
· If you believe any of the personal data we hold on you is inaccurate or incomplete, please contact us directly and any necessary corrections to your data will be made without undue delay.
· If you believe we should erase your data, please contact the Data Protection Officer, whose details are shown above.
· If you wish us to stop storing or using your data, please contact the Data Protection Officer, whose details are shown above.
· Where you have provided explicit consent for us to use your data you have a right to withdraw this consent at any time.
Should your personal data that we control be lost, stolen or otherwise breached, where this constitutes a high risk to your rights and freedoms, we will contact you without delay. We will give you the contact details of the Data Protection Officer who is dealing with the breach, explain to you the nature of the breach and the steps we are taking to deal with it.
Should You Wish to Complain
You can contact the ICO via their website: www.ico.org.uk should you wish to make a complaint about the way we are processing your personal data.
Automated Decision Making and Profiling
We do not use any system which uses automated decision making or profiling in respect of your personal data.
BEFORE USING THE JUKEBOX SERVICE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. BY CLICKING “I ACCEPT,” REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE JUKEBOX SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE JUKEBOX SERVICE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 25.2, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BARE WALL STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 25.2).
You must be at least 16 years of age to use the Service. We do not knowingly collect personally identifiable information of persons under the age of 16. By using or accessing the Jukebox Service, you represent and warrant that: (i) you are at least 16 years of age; (ii) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms; (iii) all registration information you submit is accurate and truthful, including any classroom or school code that you use to register for the Jukebox Service; (iv) you have not previously been suspended or removed from the Jukebox Service; (v) your registration and your use of the Jukebox Service is in compliance with any and all applicable laws and regulations; and (vi) if you are using or opening an account on the Jukebox Service on behalf of a company, entity, or organization (collectively “User Organization”), that you are an authorized representative of that User Organization with the authority to bind such organization to these Terms, and that you agree to be bound by these Terms on behalf of such User Organization.
2. Incorporation by Reference.
Individuals who use an application for mobile devices provided by Jukebox are also bound by the Jukebox End User License Agreement provided with that application. The Jukebox End User License Agreement is hereby incorporated by reference into the Terms.
When using the Jukebox Service, you will be subject to any additional terms, policies, guidelines or rules applicable to the Jukebox Service or specific services and features of the Jukebox Service which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
3. Modification of the Terms.
Jukebox reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. Please check these Terms and any Guidelines periodically for changes. These Terms will identify the date of last update. Your use of the Jukebox Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, Jukebox may make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Jukebox Service, or some other similar mechanism. Material changes to these Terms that Jukebox provides notice of will be effective upon the earlier of: (i) your first use of the Jukebox Service with actual notice of such change; or (ii) 30 days from the posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
4. Jukebox Service Access.
Subject to and conditioned upon your full and ongoing compliance with these Terms, Jukebox grants you permission to use the Jukebox Service as set forth in these Terms, provided that you do not engage in any of the prohibited uses described below. The Jukebox Service is controlled and offered by Jukebox from its facilities in the United Kingdom of America. Jukebox makes no representations that the Jukebox Service is appropriate or available for use in other locations. Those who access or use the Jukebox Service from other jurisdictions do so at their own risk and are responsible for compliance with local law. Access to the Jukebox Materials and the Jukebox Service from territories where their access or use thereof is illegal is strictly prohibited. Jukebox users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
5. Ownership; Proprietary Rights.
The Jukebox Service is owned and operated by Bare Wall Studios. The visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, content, including text, pictures, media, audio recordings, videos, audiovisual combinations, and other works of authorship, and all other elements of the Jukebox Service (“Jukebox Materials”) provided by Jukebox are protected by United Kingdom copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Jukebox Materials do not include: (i) User Submissions (defined below); or (ii) any materials in or otherwise dedicated to the public domain. All Jukebox Materials contained on the Jukebox Service, other than your User Submissions, are the property of Jukebox, its subsidiaries, affiliated companies, and/or third-party licensors. All trademarks, service marks, and trade names contained in the Jukebox Materials or on the Jukebox Service are proprietary to Jukebox or its affiliates and/or third-party licensors. Except as expressly authorized by Jukebox, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Jukebox Materials. As between you and Jukebox, Jukebox reserves all rights, title and interest, including all intellectual property rights, in and to the Jukebox Materials not expressly granted in these Terms. You shall not acquire any right, title or interest to the Jukebox Materials, except for the limited rights set forth in these Terms. Notwithstanding anything to the contrary herein, nothing in these Terms shall be deemed or interpreted to restrict or limit your rights with respect to public domain works available through the Jukebox Service.
If you provide, propose or suggest to Jukebox any comments, bug reports, feedback, or modifications for the Jukebox Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any communication you have with Jukebox), and Jukebox shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such Feedback into the Jukebox Service. You hereby grant Jukebox a royalty free, perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
7. General Payment Terms.
Certain features of the Jukebox Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in GB pounds (£) and are non-refundable.
Jukebox reserves the right to determine pricing for the Jukebox Service. Jukebox will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Jukebox may change the fees for any feature of the Jukebox Service, including additional fees or charges, if Jukebox gives you advance notice of such fees before you are charged. Jukebox, at its sole discretion, may make promotional offers with different features and different pricing to any of Jukebox’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. All payments are final, and in no event will Jukebox have any obligation to provide you with a refund of any amounts paid.
You authorize Jukebox to charge all sums for the orders that you make and any level of service you select as described in these Terms or as published by Jukebox to the payment method specified in your account or at the time you make a purchase. If you pay any fees with a credit card, Jukebox may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
7.3 Subscription Service
The Jukebox Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Jukebox to periodically charge, on a going-forward basis, and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Jukebox Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription 14 days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: email@example.com. Jukebox will cancel the Subscription Service and cease billing you for the Subscription Fee going forward within 14 days of such contact. Jukebox does not offer refunds for any prepaid Subscription Fees. In the event that your Subscription Service is cancelled or terminated in the middle of a billing term, you will not be entitled to a refund of a partial month of any recurring charges.
7.4 Delinquent Accounts
Jukebox may suspend or terminate any Subscription Service or access to the Jukebox Service for any account for which any amount is due but unpaid.
8. User Submissions.
Certain features of the Jukebox Service may now or in the future permit the submission and posting or linking of text, pictures, media, audio, video, audiovisual combinations, commentary or any other content submitted by you or other users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. Jukebox makes no representation that User Submissions will be available on the Jukebox Service and may or may not use your User Submissions in its sole discretion. For the avoidance of doubt, User Submissions include, without limitation: (i) content submitted or made available by users through our mobile applications, including recordings, sheet music, information, teaching and practice materials, and (ii) any “Dedicator Music Content” (as such term is defined in the Music Dedicator Terms) which you have dedicated to the public domain and waived all rights to under the Music Dedicator Terms, and, for which you grant the licenses and make the representations and warranties herein with respect to any rights that you may retain, despite the Music Dedicator Terms, in such Dedicator Music Content. You retain any copyright and other proprietary rights in and to your User Submissions that you may hold and which you have not dedicated to the public domain or waived all rights to under the Music Dedicator Terms. You may only access, reproduce, distribute, modify, perform, display or otherwise use other users’ User Submissions as expressly authorized by Jukebox or such other users and only to the extent permitted by the features of the Jukebox Service made available to you; provided that the foregoing shall not be deemed or interpreted to restrict or limit your rights with respect to public domain works available through the Jukebox Service.
8.2 Grant of Rights.
By submitting User Submissions to Jukebox, you hereby grant Jukebox and its affiliates, to the extent such User Submissions have not been dedicated to the public domain, a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Jukebox Service and Jukebox’s (and its successor’s) business, including, without limitation, for promoting and redistributing part or all of the Jukebox Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered. You grant Jukebox and its affiliates and sublicensees the right to use any names or pseudonyms that you submit in connection with such User Submission without obligation. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Jukebox Service a non-exclusive license to access your User Submissions through the Jukebox Service, and to use, reproduce, distribute, display, and perform such User Submissions, to the extent such User Submissions have not been dedicated to the public domain, as permitted by Jukebox, the functionality of the Jukebox Service, and these Terms.
8.3 User Submissions Representations and Warranties.
You are solely responsible for your own User Submissions and the consequences of posting or making them publicly available. In connection with User Submissions, you affirm, represent, and warrant that: (i) either (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Jukebox to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Jukebox, the features and functionality of the Jukebox Service, and these Terms, and to grant the rights and licenses granted herein; or (b) that your User Submissions are in the public domain; and (ii) your User Submissions and the use of your User Submissions by Jukebox and users of the Jukebox Service pursuant to these Terms does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) cause Jukebox to violate any law or regulation.
8.4 User Submissions Prohibited Uses.
In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Jukebox or any third party; (ii) submit material that is unlawful or could be considered by a reasonable person to be defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive, inappropriate, or encouraging of conduct that is a criminal offense, gives rise to civil liability, violates any law or any right of privacy or publicity; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or the source of any User Submissions; or (vi) post User Submissions that would be harmful to minors in any manner.
9. Content Disclaimer.
You understand that when using the Jukebox Service, you will be exposed to User Submissions and other content from other users and third parties, including collaborative and open content (such User Submissions and other content, collectively, “Content”) from a variety of sources, and that Jukebox is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jukebox with respect thereto. Jukebox does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Jukebox be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted via the Jukebox Service.
10. Monitoring Users and Content.
You understand that all Content is the sole responsibility of the person who uploaded that Content. This means that you, and not Jukebox, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Jukebox Service. Jukebox does not control the Content posted or otherwise made available by users or other persons and does not have any obligation to monitor such Content for any purpose. Jukebox and its designees have the right (but not the obligation), in their sole discretion, to monitor the use of Jukebox Service and to monitor, pre-screen, refuse, or remove any User Submission uploaded or posted to the Jukebox Service. If at any time, Jukebox chooses, in its sole discretion, to monitor the Jukebox Service or any Content, Jukebox nonetheless assumes no responsibility for any Content or the conduct of any user and no obligation to modify or remove any Content. You agree that you must evaluate and that you bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.
11. Removal of Content.
You acknowledge and agree that Jukebox and its designees have the right (but not the obligation), in their sole discretion, to refuse, remove or delete any Content, including any User Submission, that is posted, uploaded or made available on the Jukebox Service in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind, including, if in Jukebox’s sole judgment, any User Submission violates these Terms, is not consistent with the quality or nature of the Jukebox Service, or is otherwise objectionable.
12. Prohibited Uses.
As a condition of your use of the Jukebox Service, you agree not to:
12.1 use the Jukebox Service in any manner or for any purpose that is prohibited by these Terms or that violates any law, regulation, third party obligation or right, including by infringing or misappropriating any intellectual property right;
12.2 reproduce, duplicate, sell, trade, resell, distribute or exploit any portion of the Jukebox Service, any access or use of the Jukebox Service or any Content or Jukebox Materials obtained or made available through the Jukebox Service, except as expressly permitted herein;
12.3 collect personal information about users or third parties without their consent;
12.4 intentionally interfere with or damage, impair or disable the operation of the Jukebox Service or any user’s enjoyment of thereof by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code;
12.5 remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Jukebox Service, features that prevent or restrict the use, downloading, or copying of any Content or Jukebox Materials accessible through the Jukebox Service, or features that enforce limitations on the use of the Jukebox Service;
12.6 access any part of the Jukebox Service that you are not authorized to or that you have not otherwise been granted access to, including computer systems or networks connected to the Jukebox Service through hacking, password mining or any other means;
12.7 interfere with the proper working of the Jukebox Service or any activities conducted on the Jukebox Service;
12.8 obtain any materials or information, including Content or Jukebox Materials through any means not intentionally made available to you through the Jukebox Service;
12.9 modify the Jukebox Service in any manner or form or use modified versions of the Jukebox Service, including for the purpose of obtaining unauthorized access to the Jukebox Service;
12.10 use any robot, spider, scraper, or other automated means to access the Jukebox Service for any purpose without our express written permission or bypass our robot exclusion headers or any other measures we may use to prevent or restrict access to the Jukebox Service;
12.11 utilize framing techniques to enclose any trademark, logo, or other Jukebox Materials or use any meta tags or any other “hidden text” utilizing Jukebox’s name or trademarks without our express written consent;
12.12 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Jukebox Service, including unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
12.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Jukebox Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
12.14 modify, adapt, translate or create derivative works based upon the Jukebox Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
12.15 perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Jukebox Service account without permission, or falsifying your age or date of birth; or
12.16 attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts described in this Section 12.
13. Account Information.
In order to access some features of the Jukebox Service, you will have to create an account. When you register for an account you will be required to provide certain information, including your name and email address. You agree that the information you provide to Jukebox upon registration and at all other times will be true, accurate, current, and complete. You also agree that this information will be kept accurate and up-to-date at all times. You acknowledge, consent and agree that Jukebox may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claim that any User Submissions violate the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Jukebox, its users and the public.
When you create an account you will be asked to provide a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, restricting access to your account, and all activities that occur under your account. You may be liable for the losses incurred by Jukebox or others due to any unauthorized use of your account. JUKEBOX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR ACCOUNT.
15. Dealings with Advertisers.
Your correspondences or business dealings with, or participation in promotions of advertisers found on or through the Jukebox Service are solely between you and such advertiser. YOU AGREE THAT JUKEBOX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE JUKEBOX SERVICE.
16. Links and Third Party Content.
Jukebox or third parties may provide links on the Jukebox Service to other sites or content (“Third Party Sites”). Jukebox has no control over such Third Party Sites and therefore makes no claim representation, or warranty regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites. Jukebox provides links to you only as a convenience, and the inclusion of any link on the Jukebox Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS TO AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Jukebox Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices of any Third Party Sites. In addition, Jukebox may provide tools through the Jukebox Service that enable you to export information, including User Submissions to third party services, including through features that allow you to link your account on Jukebox with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Jukebox may transfer that information to the applicable third party service. Third party services are not under Jukebox’s control, and Jukebox is not responsible for any third party service’s use of your exported information.
17. Availability of Jukebox Service.
Jukebox may make changes to or discontinue the Jukebox Service or any of the Jukebox Materials, including the media, products, or services available within the Jukebox Service at any time and without notice. The Jukebox Materials may be out of date, and Jukebox makes no commitment to update them. Jukebox will have no liability for any change to the Jukebox Service or any suspension or termination of your access to or use of the Jukebox Service.
18. User Disagreements.
You are solely responsible for your involvement with other users. YOU AGREE THAT JUKEBOX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF OR IN CONNTECTION WITH ANY SUCH INVOLVEMNT, INCLUDING ANY DISPUTE WITH ANOTHER USER.
You agree that Jukebox, in its sole discretion and for any or no reason, may terminate any user account (or any part thereof) that you may have on the Jukebox Service or your access to and use of the Jukebox Service and remove, delete, or discard all or any part of your user account and any of your User Submissions at any time, with or without notice. You agree that Jukebox shall not be liable to you or any third-party for any such termination, removal or deletion. Without limiting the foregoing, Jukebox does not permit infringing activities on the Jukebox Service,and reserves the right to terminate access to the Jukebox Service and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Jukebox may have at law or in equity.
If you are dissatisfied with the Jukebox Service, please let us know through our web-based contact form available at: Jukebox.org/contact/. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with: (i) the Jukebox Service; (ii) any term of these Terms; (iii) any policy or practice of Jukebox in operating the Jukebox Service; or (iv) any content or information transmitted through the Jukebox Service, is to terminate these Terms and your account. Subject to Section 7.3, you may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Jukebox Service, and providing Jukebox notice of termination through our web-based contact form available at: Jukebox.org/contact/.
20. Indemnification; Hold Harmless.
You agree to indemnify and hold harmless Jukebox, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them (collectively the “Jukebox Entities”) from any and all claims, losses, obligations, damages, liabilities, costs, debts, and expenses (including attorney’s fees) arising out of: (i) your use, misuse, or alleged use of the Jukebox Service; (ii) your User Submissions, including Jukebox’s use, distribution, display, performance or other exercise of the license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any dispute or issue between you and any third party. Jukebox reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Jukebox. Jukebox will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
21. Disclaimers; No Warranties.
21.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE JUKEBOX ENTITIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUKEBOX OR THROUGH THE JUKEBOX SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
21.2 “As Is” and “As Available” and “With All Faults”.
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO ANY USE OF THE JUKEBOX SERVICE IS AT YOUR SOLE RISK. THE JUKEBOX SERVICE, JUKEBOX MATERIALS, CONTENT, INCLUDING USER SUBMISSIONS, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JUKEBOX SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
21.3 Platform Operation and Content
THE JUKEBOX ENTITIES DO NOT REPRESENT OR WARRANT THAT THE JUKEBOX MATERIALS, CONTENT, INCLUDING USER SUBMISSIONS, JUKEBOX SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE JUKEBOX SERVICE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE JUKEBOX ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE OF THE JUKEBOX MATERIALS, CONTENT, OR ANY RESULTS FROM THE USE OF THE JUKEBOX SERVICE. IN ADDITION, THE JUKEBOX ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COPYRIGHT STATUS OR OWNERSHIP OF ANY WORKS LISTED OR MADE AVAILABLE ON THE JUKEBOX SERVICE.
21.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, STREAM, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE JUKEBOX SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
22. Limitation of Liability and Damages.
22.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) SHALL ANY OF THE JUKEBOX ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE JUKEBOX SERVICE (INCLUDING ANY JUKEBOX MATERIALS AND CONTENT, INCLUDING USER SUBMISSIONS) OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH ANY JUKEBOX ENTITIES, EVEN IF JUKEBOX OR A JUKEBOX ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 Limitation of Damages.
EXCEPT AS SET FORTH IN SECTION 26.2(D)(iii), IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE JUKEBOX ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE JUKEBOX SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) ONE THOUSAND POUNDS; OR (B) THE AMOUNT OF FEES (IF ANY) YOU HAVE PAID JUKEBOX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
22.3 Limitation on Claims
YOU AND JUKEBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JUKEBOX SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. Limitations by Applicable Law; Basis of the Bargain.
23.1 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
23.2 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT JUKEBOX HAS OFFERED ITS PRODUCTS AND SERVICES, SET IT PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JUKEBOX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JUKEBOX. YOU ACKNOWLEDGE AND AGREE THAT JUKEBOX WOULD NOT BE ABLE TO PROVIDE THE JUKEBOX SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
24. Digital Millennium Copyright Act Compliance.
It is Jukebox’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. §512, as amended). Jukebox will promptly terminate without notice any user’s access to the Jukebox Service if that user is determined by Jukebox to be a “repeat infringer.”
25. Governing Law and Dispute Resolution.
25.1 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
25.2 Dispute Resolution and Arbitration.
Generally. In the interest of resolving disputes between you and Jukebox in the most expedient and cost effective manner, you and Jukebox agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JUKEBOX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 25.2(A), we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Jukebox will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Royal Mail (signature requiredThe Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Jukebox may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Jukebox must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favour, Jukebox will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Jukebox in settlement of the dispute prior to the arbitrator’s award; or (iii) £1,000.
Fees. If you commence arbitration in accordance with these Terms, Jukebox will reimburse you for your payment of the filing fee, unless your claim is for more than £1,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Bristol, United Kingdom, but if the claim is for £1,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND JUKEBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jukebox agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If Jukebox makes any future change to this arbitration provision (other than a change to Jukebox’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Jukebox’s address for Notice, in which case your account with Jukebox will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If Section 25.2(F) is found to be unenforceable or if the entirety of this Section 25.2 is found to be unenforceable, then the entirety of this Section 25.2 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 25.1 will govern any action arising out of or related to these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Jukebox to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be given effect to the greatest extent possible, and the remaining parts shall remain in full force and effect.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jukebox without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
26.5 Independent Contractor.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jukebox as a result of these Terms or use of the Jukebox Service. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Jukebox other than pursuant to these Terms.
The Sections 2, 5, 6, 7, 8, 11, 15, 18, 20, 21, 22, 23, 25 and 26 will survive any termination of these Terms.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
26.8 Entire Agreement.
These Terms (for clarity, including any future modifications and other documents incorporated by reference herein) are the entire agreement between you and Jukebox relating to the subject matter herein and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms or the Guidelines made by Jukebox as set forth in Section 3, above.
26.9 No Support.
We are under no obligation to provide support for the Jukebox Service. In instances where we may offer support, the support will be subject to published policies.
The services hereunder are offered by Jukebox, located at Bare Wall Studios, Brislington Hill, Bristol, BS4 5BD. You may contact us by sending correspondence to that address or through our web-based contact form available at: barewalljukebox/contact/. You can access a copy of these Terms at: barewalljukebox.co.uk/tos/.