Terms and Conditions
Last updated as of January 3, 2019
These Terms are a legal agreement between Sunset Records & Studio Company, Shopify (USA) Inc., and you. These terms contain important information regarding your legal rights, remedies and obligations. By accessing any portion of the Sites or using the Services, you acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use any portion of the Sites, and you must discontinue all use of the Sites and the Services immediately.
We partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering our e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under our control.
The Sunset Records Parties and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Sites (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.
The name and trademark JOE STEVEN® and the related logos and trademarks used on this Site, are the exclusive property of Joe Steven and Sunset Records & Studio Company. Unauthorized use of any of the Artist Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with Joe Steven, or his approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Artist Marks is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Sites are the property of their respective owners.
You may access, browse and use the Sites and the Site Content only for your personal, non-commercial use, on a single computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Artist Marks by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Artist Marks, except as may be allowed by law.
You warrant and agree that, while accessing or using the Sites, you will not:
- impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites, through any means, including through means not intentionally made publicly-available or provided through the Sites;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- use the Sites or any of the Services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Sites or any of the Services in violation of our or of any of the Sunset Records Parties’ or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;
- use the Sites or any of the Services in violation of any law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Sites or any of the Services; or
- post, transmit, publish or otherwise disseminate through the Sites any of Your Content that, as we determine, in our sole discretion: (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory or otherwise unlawful; (ii) infringes on our or any third party’s intellectual property or other rights, or otherwise violates any law; (iii) is derogatory or harmful to our reputation or to the reputation of any of the Sunset Records Parties or Related Parties in any way; or (iv) is otherwise inappropriate.
YOUR ACCOUNT AND YOUR USER INFORMATION
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately, via e-mail to [email protected], of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Sites. You have the right to terminate Your Account at any time. You may terminate Your Account by following the instructions on the Sites.
If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Sites. Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated.
FEES THAT YOU MAY PAY
Some of the Services require you to pay a fee, the details of which are available in various areas of the Sites that allow you to purchase products or services. If you choose to join any of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, which are determined by your carrier. You should contact your carrier to determine the charges that may apply before you sign up to receive our updates via SMS or MMS. If you wish to stop receiving such messages from us, at any time, simply write “STOP” in a reply to any message from us. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information.
We may revise the pricing for products and services offered through the Sites at any time. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees for products or services provided by us, Your Account may be closed and Your User Information may be disabled, without warning or notice, at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR ON-LINE STORE RETURNS POLICY, US SHIPPING POLICY, (IF AND WHEN APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.
LINKS TO THIRD-PARTY WEBSITES
The Sites contain links to websites of third parties (including, without limitation, Facebook, Instagram, iTunes, Apple Music, Spotify, Amazon Music, Pandora, tumblr, Twitter and YouTube). If you use these links, you will leave the Sites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
LINKING TO THE SITES
You agree that if you include a link from any website to any of the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Sites, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and may revoke your right to link to the Sites.
We administer, control and operate the Sites from the State of Texas, United States of America. The Sites are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Sites and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States. Your access and use of the Sites may not be legal in your jurisdiction. If you choose to access, browse or use the Sites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and any geographic area. All Services and offers for any feature or function made on the Sites are void where prohibited.
The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We and each of the Sunset Records Parties and Related Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Sites.
Some content on the Sites is provided by the users of the Sites. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.
THE SITES, THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF THE SUNSET RECORDS PARTIES WARRANT THAT THE SITES, THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. WE AND EACH OF THE SUNSET RECORDS PARTIES AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES AND THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL WE OR ANY OF THE SUNSET RECORDS PARTIES OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR INABILITY TO USE THE SITES, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our and the Sunset Records Parties’ liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE OR ANY OF THE SUNSET RECORDS PARTIES OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR AND/OR THE SUNSET RECORDS PARTIES’ AND/OR THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM (EXCLUDING THE AMOUNTS PAID FOR ANY MERCHANDISE PURCHASED ON THE SITES), OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
We reserve the right to modify, suspend, refuse or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Sites and/or any of the Services.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Sites, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Sites or the Services after the updated date of any revisions means that you accept and agree to all such revisions.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
GOVERNING LAW AND JURISDICTION
By visiting or using the Sites, you agree that the laws of the United States of America and the laws of the State of Texas, without regard to the principles of conflicts of laws, will govern your use of the Sites and the Services, and these Terms and all matters relating to your access to and/or use of the Sites or the Services, including all disputes between you and us and/or any of the Sunset Records Parties and/or the Related Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Edinburg, Texas, and the related appellate courts, in any related action or proceeding. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SITES OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Sites and all matters relating to your access to, and/or use of, the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
If you have any questions about these Terms, please contact us at [email protected].