Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.
This Terms of Service Agreement (the “Agreement”) is between you (“you”) and Sleeping Giant Music LLC (“Company,” “we,” “us”), concerning your use of certain of our web sites, including the site from which you are linking to this Policy (together with any successor site(s) and all Services (as defined below), the “Site”).
Acceptance of Terms. The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site or any portion of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates, including without limitation, Sleeping Giant Music LLC (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Jurisdictional Issues. The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Description of the Services. We provide users of the Site with access to certain content and services related to Sleeping Giant Music LLC and its artists, which may include, without limitation, music, videos, chat, forums, bulletin boards, blogs, fan clubs, photographs, graphics, video games, images, text, data, user comments, opinions, postings, weekly alerts, messages and other similar content (such content and services, collectively, the “Services”).
Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct. 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 or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark 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 or that encourages conduct that constitutes a criminal offense. Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation. Use the Site for any fraudulent or unlawful purpose. Harvest or collect personally identifiable information about other users of the Site. Impersonate any person or entity, including any representative of Company or an Affiliated Entity; 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 Company’s 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. 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 Company’s express prior written consent. Create a database by systematically downloading and storing all or any Site 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 the Site, without Company’s express prior, written consent.
Registration; User Names and Passwords. You may be required to register with Company in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined below). You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
User Submissions. We and/or our third party service provider(s) may make available through the Site services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials. For any information and/or materials you submit through such services, or otherwise to the Site (each, a “Submission”), you grant to Company, the Affiliated Entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Company’s and the Affiliated Entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site; and (b) we may do one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Information and content on the Site may be provided both by Company and by third party partners, advertisers or visitors to the Site. Please note that Site visitors may post messages or make statements on the Site that are inaccurate, misleading, deceptive, or that otherwise violate this Agreement. Company, the Affiliated Entities and their respective artists neither endorse nor are responsible for any opinion, advice, information, content or statements made on the Site by third parties. Without limitation, Company, the Affiliated Entities and their respective artists are not responsible for any information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will Company, the Affiliated Entities or their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.
In addition, Company, the Affiliated Entities and their respective artists have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Site. If you choose to make any of your personally identifiable or other information publicly available ON THE SITE, you do so at your own risk.
Unsolicited Submissions. Neither Company nor any of the Affiliated Entities accepts, invites or considers unsolicited submissions of ideas, proposals or suggestions (collectively, “Unsolicited Submissions”), whether related to the Site, the Products, Company artists, or otherwise. If you do send us such Unsolicited Submissions, please be aware that such Unsolicited Submissions will not be treated as confidential and will become the sole property of Company and/or the Affiliated Entities without any compensation to you or to any other person. Company and the Affiliated Entities will have no obligations with respect to such Unsolicited Submissions and may use Unsolicited Submissions for any or no purpose whatsoever.
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 Company, the Affiliated Entities or our licensors. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, the Affiliated Entities or our licensors, you have a limited, revocable right to use those Products you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot transfer to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any rights of Company or 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 include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Company, the Affiliated Entities and our licensors, and you hereby agree to abide by such usage rules, including those set forth in Section 12 below.
Purchases. If you wish to purchase any Product made available through the Site, (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION. By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, Products on the Site do not imply Company’s endorsement of such Products. Company reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product. Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, Company has the right to refuse or cancel any orders placed for such Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All sales through the Site are final and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a “Download Now” link. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
Product Delivery. Company reserves the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. 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. Usage Restrictions for Products. Except as 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. 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. 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 the Products, including, without limitation, posting any Product for auction on any Internet 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 for Products, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. The delivery of a Product does not transfer to you any commercial rights in the Product, nor does Company transfer to you any rights to use the Product for promotional or other marketing purposes. Additionally, the following usage restrictions apply based on the type of Product you are purchasing through the Site:
All Products you purchase on or through the Site are solely for your personal, non-commercial use.