Santa Rosa Records owns and operates the website (including mobile-optimized versions) or application (collectively, the “Site”) that you are currently visiting.
PLEASE READ THESE TERMS BEFORE USING OUR SITES. THE TERMS GOVERN YOUR USE OF OUR SITES AND OF ANY SERVICES WE OFFER THROUGH OUR SITES, AND WILL APPLY TO ANY DISPUTE BETWEEN YOU AND US CONCERNING THE SITES. WE MAY CHANGE THESE TERMS AT ANY TIME BY PUBLICLY POSTING AN UPDATED VERSION TO OUR SITES. THE UPDATED VERSION IS EFFECTIVE UPON POSTING AND BY USING THE SITES AFTER WE HAVE POSTED THE UPDATED VERSION, YOU ARE ACCEPTING THE UPDATED TERMS.
You must be at least 13 years old to use the Sites. If you are between the ages of 13 and 18, you may use the Sites only if your parent or legal guardian has reviewed our Terms and has consented to your use of our Sites.
What These Terms Cover
Certain Sites or parts of our Sites may allow you to create a user account and login to access certain Site Features. You may also be able to post comments and other content to community message boards and forums. These Terms cover all of these activities as well as your access to and interaction with our Content.
Our Content and Intellectual Property
Our Sites, our Content and any associated information, software, scripts, interactive features (collectively, our “Intellectual Property”) are protected by copyrights, trademarks, patents, or other proprietary rights under intellectual property laws. We, our affiliates, and our licensors own and control all right, title, and interest to our Intellectual Property, to the fullest extent permitted by law.
You may be able to post your own comments and other content to certain portions of our Sites. All content added, uploaded or posted, distributed, or otherwise made available by users (“User Content”) remains the sole responsibility of the user who originally provided the User Content. By posting User Content to our Sites, you grant us and our agents a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, transmit, display, perform, or publish your User Content on our Sites in any medium, and edit or modify your User Content (including the creation of derivative works), and to use or otherwise commercially exploit such User Content, including, without limitation, by running paid advertising on or adjacent to your User Content and by promoting and redistributing part or all of our Sites. You also irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You represent and warrant that you have all rights to your User Content and that you have the power to license your User Content to us without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. By posting your User Content to our Sites, you agree to defend, indemnify, and hold us harmless against all claims arising out of your User Content.
You are solely responsible for your User Content, including making sure that it complies with our Terms. We may choose in our sole discretion to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, we may do so at any time without notice to you. We are not required to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, you remain solely responsible for your User Content and any liability resulting from it.
If you choose to visit portions of our Site where User Content is displayed or otherwise available, you understand that you may be exposed to content you find offensive, objectionable, harmful, inaccurate, or deceptive, and you understand that we are not responsible for your User Content or for the User Content of other users of our Sites.
Third Party Content
Our Sites may contain links to Third Party Sites, services, and advertisements (collectively, “Third Party Content”). We do not control Third Party Content and are not responsible for any information or content contained within it. We provide Third Party Content only as a convenience and may not review, approve, monitor, endorse, warrant, or make any representations with respect to it. If we do choose to review Third Party Content, we do so at our sole discretion and do not have any liability towards you as a result of reviewing Third Party Content. You use Third Party Content at your own risk and remain solely responsible for any liability resulting from Third Party Content.
Access of Our Content Outside of the U.S.
We make no claims that our Content (including User Content) or our Sites may be lawfully viewed or downloaded by all individuals, or that it may be lawfully viewed or downloaded outside of the United States. Some Content or Site features may not be legally accessed or viewed by certain persons or in certain countries. If you access our Sites or Content (including User Content) from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Our Acceptable Use Policy
You may use our Sites and Content only so long as you do not use them for any purpose that is prohibited by our Terms. You are responsible for all activities you carry out in relation to our Sites and Content.
Your use of our Sites is subject to the following restrictions under our Acceptable Use Policy.
You may not:
License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Sites or our Content;
Modify, make derivative works of, disassemble, reverse-compile, or reverse-engineer any part of the Sites or any of our Content;
Access and use our Sites or Content to build a similar or competitive service;
Violate our intellectual property rights, or the intellectual property rights of any third party;
Violate any law, regulation, or ordinance applicable to you or your use of our Sites and Content;
Remove any copyright, trademark, or similar notice from our Sites or Content;
Harvest or otherwise collect information or date regarding other users of our Sites or Content;
Take any action that imposes or may impose unreasonable stress on our infrastructure;
Bypass or circumvent any security or rights-protection measures related to our Sites and Content;
Perform, copy, reproduce, distribute, republish, download, display, broadcast, post, or transit any part of our Sites or Content in any form or via any medium, unless expressly permitted by us in writing;
Use software or automated scripts to create multiple user accounts, generate automated searches and queries, or mine data from our Sites and Content (except that operators of public search engines are granted revocable permission to use spiders to copy our Sites and Content solely to the extent necessary to create a publicly available, searchable index of such materials, and expressly excluding the creation of caches or archives); or
Modify, translate, or otherwise create derivative works of our Sites or Content, unless expressly permitted by us in writing.
You also may not upload, post, or otherwise make available to us or via the Sites any User Content that:
Violates any law, regulation, ordinance, or contractual duty;
Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity;
Is false, misleading, deceptive, inaccurate (including “bait and switch” or unauthorized impersonations of any person or entity);
Is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, or harmful to minors in any way;
Harasses, degrades, intimidates, or is hateful towards an individual or a group of individuals;
Is unauthorized or unsolicited advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
Restricts or inhibits any other user from using and enjoying our Sites and Content;
Contains viruses or any other computer script, code, file, or program that is designed or intended to disrupt, damage, or otherwise interfere with the proper function of our Sites and Content, or to obtain unauthorized access to any system, password, database, or information;
Includes anyone’s personal information, private communications, or sensitive financial information without their permission;
Re-posts or redistributes any User Content that violates our Terms.
The above restrictions also apply to your use of any User Content that you do not yourself provide.
If you violate our Acceptable Use Policy, we may take any action we deem necessary, including suspension or termination of your access to our Sites and Content and of any user logins and accounts you may have with us, and the provision of information about you to the appropriate legal authorities. If we terminate your access to our Sites and Content, any right you have to use our Sites and Content shall be automatically and immediately revoked.
If you are accessing our Sites and Content from outside of the U.S., you represent and warrant that: (i) you are not located in a country subject to a U.S. embargo or designated by the U.S. federal government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Information We Collect About You
Feedback You Provide To Us
If you provide us with any feedback or suggestions via our Sites (“Feedback”), you assign to us all right, title, and interest in your Feedback and agree that we have the right to use your Feedback in any manner and for any purpose we deem appropriate without compensation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary, so do not submit any information or materials that you consider to be confidential or proprietary to us.
Changes To Our Sites and Content
We are continuously working to improve our Content and our Sites in order to optimize their functions and to provide you with high-quality Content. As part of this process, you may see changes from time to time in the types of Content we display to you, or in the display of our Sites. We do not guarantee that any Content will be made available through our Sites, or that any feature or portion of our Sites will be made available. We may remove or modify any Content at any time without notice to you. We may remove or modify features or parts of our Sites, and may shut down our Sites in part or in whole, at any time without notice to you. We may modify, suspend, or terminate your access to our Sites or Content at any time without notice to you. We will have no liability to you for any of these decisions.
We use the Internet and third party networks (such as ISPs and VPNs) to transmit and otherwise provide you with access to the Sites. The Internet and these third party networks may or may not be reliable, private, and secure. You are solely responsible for investigating your internet or online service provider and taking any necessary security measures to protect your access and use of our Sites. In addition, since we do not control the Internet or third party networks, we cannot guarantee that you will have uninterrupted access to our Sites or Content, or that our Sites and Content will always display properly.
Copyright Dispute Policy.
We comply with the notice-and-takedown procedures set out in the U.S.
Millennium Copyright Act (“DMCA”), and have designated an agent to receive notices pursuant to the DMCA with the U.S. Copyright Office (our “Designated Agent”). Before making a complaint to our Designated Agent, please be aware that you may only issue a DMCA take-down notice: (i) if you are either the owner of a valid copyright or are authorized to act on behalf of the copyright owner and (ii) you have a good-faith belief that you are complaining about a valid infringement of your copyright.
If you believe in good faith that material or content accessible via our Sites or content infringes your copyright, please send a notice of copyright infringement containing the following information to our Designated Agent:
Identify the copyrighted materials or content that are being infringed, including any copyright registration number (if applicable);
Identify the materials or content that you believe are infringing your copyright, including URLs and any other information required for us to locate the materials or content;
Contact information of the copyright rights-holder, or of an authorized agent of the rights-holder, including name, address, telephone number, and email;
A statement that you are the sole rights-holder of the copyright(s) and that you have not authorized the allegedly infringing materials or content;
A statement that you believe, in good faith, that no exception to your copyright (such as fair use) applies to the allegedly infringing materials or content; and
A statement that everything contained in your notice is accurate and that you have the legal right to issue your notice on behalf of the copyright owner.
Once our Designated Agent has received your notice, we will remove the materials or content at issue from our Sites or Content and will notify the individual or entity who provided the allegedly infringing materials or content.
The individual or entity who provided these materials or content may have an opportunity to provide a counter-notice in accordance with the DMCA to our Designated Agent if they believe in good faith that the removed materials or content is not infringing and was removed because of a mistake or misidentification. Any such counter-notice must comply with the DMCA (including required contact information), and a copy of the counter-notice will be sent to the person who sent the original notice of alleged infringement.
If the person who sent the original notice of alleged infringement does not notify us within ten (10) business days of receiving the counter-notice that they have filed a court action seeking an order to keep the materials or content removed, we may restore the materials or content in question.
Please contact us.
You agree to defend, indemnify and hold us, and our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) against any claim or demand made by any third party due to or arising out of: (a) your use of our Sites and Content; (b) your User Content; (c) your violation of our Terms; or (d) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
YOUR USE OF OUR SITES AND CONTENT IS AT YOUR OWN RISK.
OUR SITES AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO WARRANTY THAT YOUR USE OF OUR SITES AND CONTENT WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR IN ANY THIRD PARTY CONTENT LINKED TO OR FROM OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SITES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If we shut down our Sites or terminate your ability to access our Sties, the most recent Terms you accepted will remain applicable to any further interactions you have with us, and to any questions, concerns, or disputes you have with us regarding your prior use of our Sites and content. We may terminate these Terms at any time. If we terminate these Terms, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership, warranty disclaimers, limitation of liability and indemnification.
Our Terms constitute the entire agreement between you and us regarding our Sites and Content, and supersede all previous agreements between you and us regarding our Sites and Content.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of our Terms, or of your use of our Sites and Content.
Our failure to exercise or enforce any of our rights, or any provision of our Terms, shall not operate as a waiver of such right or provision.
If any provision of our Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or otherwise modified, as consistent with its original intent as is possible, so that it is valid and enforceable to the fullest extent permissible by law. The remaining Terms shall remain unchanged and in full force and effect.
Jurisdiction and Choice of Law.
You expressly agree that any dispute between us and you regarding our Sites and Content shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas for the resolution of any such dispute.
You may not assign your rights or obligations under these Terms without our prior written consent, but we may freely assign our rights and obligations under these Terms.
If you have any questions, complaints, or claims with respect to our Terms, please contact us.
What Information Do We Collect?
We collect the following types of information from our users:
Information You Provide to Us:
We collect Personally Identifiable Information that you choose to provide to us when you interact with our Sites. For example, if you sign up for our newsletter, send us an email, take a survey, or provide us with feedback, you may be asked for your name and email address, and we will collect this information from you.
Certain Site features require you to create an account and login in order to access them. You may be able to use your login for a Third Party Service (such as Facebook or Google+) to access these features. By creating a user account with us or signing in using a Third Party Service login, you are providing your Personally Identifiable Information to us and to third parties such as the third party providing the Third Party Service.
If you post material to any forums or participate in social networking features offered on our Sites, your posts and any Personally Identifiable Information contained in the posts will be collected and will be available for others to view. Please consider carefully whether you want your Personally Identifiable Information to be publicly accessible before including it in your post.
Information We Collect About You:
Third Party Services. As mentioned above, we may allow you to link your accounts with Third Party Services such as Facebook, Google+ and Twitter to our Sites (“Social Network Accounts”). If you link your Social Network Accounts to our Sites, we may receive information from the Third Party Service about you. Any information we receive from the Third Party Service will be governed by the terms and conditions of the Third Party Service and by the privacy controls you have set on your Social Network Account with that Third Party Service. The Third Party Service may also have access to information you provide to us or activities that you carry out on our Sites while logged into your Social Network Account with that Third Party Service, and this access will be governed by the terms and conditions of the Third Party Service and by the privacy controls you have set on your Social Network Account with that Third Party Service. We encourage you to review the policies of your Third Party Service before linking your Social Network Account.
Email Communications. If you send us an email that we reply to, or have subscribed to our newsletter or a similar service that allows us to send you emails, we may receive email activity data from your email provider. We use this data to understand and enhance our email communications and the Sites. If you do not want to receive email from us, you can unsubscribe by clicking the "unsubscribe" link in any email we send to you. Please note that you cannot unsubscribe from certain communications from us, such as administrative information regarding the Sites.
Third Party Companies. We may obtain demographic and interest data from third party companies who specialize in collecting such consumer information. We use this data and combine it with other information we have about you to help us predict your preferences, to better direct the marketing efforts of us and our business partners, to improve our product development, and to help us better analyze user information for internal business purposes.
How We Collect Information From You
We use several methods to collect information from you. As mentioned above, we use Google Analytics to collect many types of Site usage information, and you can learn more about Google Analytics here. In addition, we may use:
Device Identifiers. When you access our Site via a mobile device such as a smartphone, we may collect data using or linked to unique identifiers that are assigned to your mobile device, which are called device identifiers. You can limit the use of device identifiers by accessing your device’s settings and limiting the use of device identifiers or resetting your device’s identifiers.
HTTP Referrer. When you visit our Site we may collect data using an HTTP referrer, which transmits information from a web browser to a destination webpage. HTTP referrers may contain information about the browser or operating system of the device that you are using to access the Site.
Location Information. If you are accessing our Site via a mobile device, we may collect your geographic location. You can limit our access to your geographic location by going to your device’s settings.
How We Use Information We Collect About You
We use information we collect from you to provide you with access to the Site and with other services and features. For example, if you subscribe to your newsletter, we may use your email address to deliver the newsletter. Other uses include:
Maintaining and improving Site operations and service and content offerings hosted on the Site
Personalizing and optimizing the content shown to you when you visit the Sites.
Delivering advertising content shown on the Sites and managing the type of advertising content you see and the frequency with which you see it.
Administering to advertising, marketing, and promotional campaigns (run by us or by our business partners) for which you sign up or otherwise consent to participate in, such as sweepstakes, surveys, and special offers or announcements offered by us or by our business partners.
Responding to user feedback and other user inquiries, such as employment applications or informational inquiries.
Processing a transaction that you initiate with us or with our business partners through the Sites (for example, a purchase from the Complex Shop).
Internal uses such as market and content offering analysis.
Assessing and tracking effectiveness of our advertising campaigns and the campaigns of our business partners.
Will We Share Any of the Information We Receive?
We share your Personally Identifiable Information with:
Our Corporate Parents and Affiliates. We may share your Personally Identifiable Information with our Affiliates and with our parent companies (Verizon and Hearst) and any of their affiliates.
Third Parties Receiving Aggregated Information. We may share or disclose your aggregated, anonymized or de-identified data with our service providers and business partners for business and marketing uses, including the development of business and marketing reports and strategy. These service providers and business partners may also share with us aggregated, anonymized or de-identified information about you so that we can develop business and marketing reports and strategy for them. We may combine the aggregated, anonymized or de-identified information we receive from our business partners with your Personally Identifiable Information that we have collected, or with other information we have collected that in combination could identify you.
Third Party Campaigns. We may carry out advertising, marketing, or promotional campaigns with third party companies that invite you to participate in the campaign. The campaigns may involve third-party goods or services. You may participate in such a campaign via our Sites or on a different website that is linked to/from our Sites. If you participate in the campaign, we may share your Personally Identifiable Information with these third party companies.
Third-Party Service Providers. We use third-party service providers to provide certain products, services, and Site features on our behalf (such as sending emails or processing credit cards) and need to share your information with them to provide those products, services, or features to you. We require that our third-party service providers maintain the confidentiality of your Personally Identifiable Information and do not use it for any reason except to carry out the functions that we task them to carry out.
Third Parties Conducting Contests and Sweepstakes. If you have entered a contest or sweepstakes sponsored by a third party, we may share the information you provide with that third party for any purpose that you have consented to under the terms of the contest or sweepstakes. You should read the terms for participating in the contest or sweepstakes carefully, and should not enter the contest or sweepstakes if you do not agree to how your information will be shared or used under those terms. In addition, the privacy policies of such third party companies may apply to their use and disclosure of your information.
Third Parties Providing Ad Services: In addition to ads and content that we serve you directly, we use third-party advertising companies and marketing services companies to serve ads and other content when you visit our Sites. Both we and these companies may use information about your visits to our Sites and your use of our applications to serve ads and other content to you. We and they may target advertising towards you by tailoring advertising to interests that we or they infer from your interactions on our Sites.
For mobile devices, you can limit the use of information for this type of advertising using options presented in your device setting controls which limit ad tracking or reset your advertising identifier.
Third Parties Involved in Protecting Us and Others. We may disclose your Personally Identifiable Information when we believe in good faith that the disclosure is necessary to: comply with a law, regulation, legal or regulatory process (including investigations), subpoena, warrant, or other legal order; to enforce or apply our Terms of Service and other Site policies; or protect the rights, property, or safety of us, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction, and for debt collection.
Is Personally Identiable Information About Me Secure?
We use industry-standard security technologies and procedures to help protect your Personally Identifiable Information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and we cannot guarantee absolute security or your Personally Identifiable Information.
The Sites are not intended for use by children, especially those under the age of 13. We do not knowingly collect or solicit Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to register for Site features.
What Choices Do I Have?
If you have provided Personally Identifiable Information as part of setting up an account and login for the Sites, you can change or access your Personally Identifiable Information via your account settings. You can also use many of the features of the Service without registering or signing into a user account.
If you have provided Personally Identifiable Information as part of using your Social Networking Account with a Third Party Service, you must change or access your Personally Identifiable Information via your Social Networking Account with that Third Party Service. You will not be able to access or change such Personally Identifiable Information via our Site.
If you want to limit the types of data that we collect about you via Google Analytics, you may be able to do so via Google’s functionality. You can find out more at Google’s site.
If you have provided Personally Identifiable Information directly to third-party companies with whom we conduct business, you should also consult the privacy policies of these third-party companies for how your Personally Identifiable Information may be used and how you may restrict its use or opt out of receiving communications from these third-party companies.
If you do not want to receive communications to your mobile device from us (such as text or SMS messages), you may opt out of these messages by replying “STOP” or following the instructions provided in the message.
If you do not want to receive push notifications on your mobile device about our Sites, you can go to your device’s settings and opt out of receiving push notifications from us.
If you are accessing our Site via a mobile device and do not want us to collect your location information, you can go to your device’s settings and opt out of providing your location information to us.
Please note that some of the opt-outs described above use browser cookies or device controls, and are specific to the browser or device you are using to access our Sites. If you buy a new device, change browsers, or delete browser cookies, these actions can change your previous opt-out settings and you may need to opt out again. In addition, disabling all cookies may prevent you from using certain features on our Site that require cookies to function.
California & Canadian Users: Your California Privacy Rights.
If you are located outside of the United States, please note that the information you provide to us will be transferred to and processed in the United States, where laws regarding processing of Personally Identifiable Information may be less stringent than the laws in your country. By using our Site, you consent to this transfer and processing. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of, and in accordance with the laws of, the state of New York.
Questions or Concerns
If you have any questions or concerns regarding privacy while using the Sites, please contact us. We will make every effort to resolve your concerns.
Effective Date: February 1st, 2018