TERMS OF SERVICE
This page sets forth the terms and conditions (the “Agreement”) under which you may use the Mood Media web site (the “Site”), which is controlled, maintained, owned and operated by Mood Media Corporation (the “Company”). Use of the Site is offered to you conditioned on your complete acceptance of the terms and conditions of this Agreement. By using the Site, you are agreeing to be contractually bound by the terms and conditions of the Agreement as they are stated at the time of your use of the Site. By accessing and using the Site, you represent and warrant that you are of the age of majority under applicable law.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT VEIW OR OTHERWISE USE THE SITE.
Use of the Site
You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only in accordance with this Agreement. This license is not a sale of any of the Company’s rights.
Notice of Proprietary Rights
The Site contains copyrighted material, trademarks and other proprietary material and information, including, but not limited to, text, software, images, graphics, video, music and/or sound that is protected under both United States and foreign laws (the “Material”). The Material is owned by or licensed to the Company or its affiliates or suppliers or is the property of its respective owner. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy that you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML code that the Company creates to generate the pages of the Site, which code is also protected by the Company’s copyright. If you violate any of the terms of this Agreement, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Errors and Corrections
The information and services included in or available through the Site may include inaccuracies and/or typographical errors. Changes are periodically made to the Site and to information contained in the database(s) from which information on the Site is derived. Use of the Site is at your own risk, and you agree that neither the Company nor its suppliers are liable for any inaccurate information contained in or derived from the Site. The Company and its suppliers may make improvements and/or changes to the Site at any time.
Information contained in or derived from the Site is not to be relied on or utilized as a source of financial, tax, legal, accounting, economic, business or other professional advice. Information contained in or derived from the Site regarding usage of music or media is not to be used to calculate or challenge royalty payments paid or to be paid from Company to you or any third party.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL OR GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WTH SUCH SERVICING OR REPLACEMENT.
THE SITE AND THE MATERIAL ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED WITHIN THE SITE; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS CONTAINED ON THE SITE WILL BE CORRECTED; OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS.
YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OR ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, ITS SUPPLIERS, AND/OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR THE COMPANY OR ANY OF ITS AFFILIATES OR SUPPLIERS IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES OR JUSRISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.
International Use of the Site
The Company makes no representation that the Site (including content or services provided on or available through the Site) is appropriate for or available to locations outside of the United States of America. Use of the Site from territories where it is illegal to do so is prohibited. Use of the Site outside of the United States of America is done at your own risk, and you are solely responsible for compliance with all local laws and regulations, including restrictions and controls on the importation of computer software or data, as well as all export control laws and regulations of the United States of America. Use of the Site in contravention of any applicable law or regulation is strictly prohibited.
The Site may contain links to third party web sites (the “Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if a Linked Site is not working properly, and you are solely responsible for viewing and abiding by any privacy statement or terms of service posted on any Linked Site. Links to Linked Sites on the Site are provided solely as a convenience, and the inclusion of any such link does not imply endorsement by the Company of the site or any association with its operators or any goods or services offered or described on any Linked Site.
Site Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing or attempting to access data not intended for your use or logging into an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Site or its network; (c) forging any TCP/IP packet header or any part of the header information in any e-mail or other posting to the Site. Violations of the Site’s system or network security may result in civil or criminal liability. The Company may investigate occurrences that it believes involve such violations and involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
In the event that you inadvertently obtain access to information belonging to or intended for a third party through the Site, you agree not produce any physical copy of such information, to disregard such information and immediately inform the Company of such inadvertent access, including the all of the circumstances leading to and surrounding such access and any dissemination of such third party information beyond the Site and all step taken by you or on your behalf to prevent the further dissemination of such third party information.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any and all third-party claims, actions, demands, suits, liability, damages, costs and/or proceedings, including, without limitation, reasonable legal, accounting or other professional fees, arising or resulting from your use of the Site, including your violation of the terms of this Agreement. The Company shall provide you notice of any such claim, action, demand, suit or proceeding, and shall assist you, at your expense, in defending against any such claim, action, demand, suit or proceeding.
Change or Discontinuation of the Site
The Company may change, suspend, or discontinue all or any portion or aspect of the Site at any time without notice, including the availability of any feature, database, content of other Material contained on or accessed through the Site. The Company may also impose limits on any feature or service or restrict user access to any or all parts of the Site without notice or liability.
Relationship of the Parties
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company (or any other user of the Site) as a result of this Agreement or your use of the Site.
Jurisdiction and Governing Law/Dispute Resolution
This Agreement is governed by the substantive laws of the State of South Carolina, without regard to its conflict of law principles. You agree and consent to the exclusive jurisdiction and venue of the state courts located in York County, South Carolina, U.S.A and the federal court located in Columbia, South Carolina, U.S.A.
Company Contact Information
If you need to contact the Company, you may do so as follows (or as may be otherwise set forth on the Site from time to time):
Mood Media Corporation
3318 Lakemont Blvd.
Fort Mill, SC 29708
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and limitations on liability or actions set forth herein, then the invalid or unenforceable provision will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intent of the original provision, and the remainder of the agreement shall continue in effect.
Regardless of the any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Company with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether verbal or written (electronic or otherwise), between you and the Company with respect to the Site. Any changes or amendments to this Agreement, other than revised versions of this Agreement posted on the Site from time to time, must be made in writing and signed by an authorized representative of the Company.
A printed version of this Agreement and or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated 04/17/2010
We respect your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This privacy statement explains our policy regarding the collection, use, disclosure and protection of personal information. The terms of this privacy statement apply to information collected from you, unless different terms are specified as part of a special offer, or in another form or contract we provide you and you consent to those terms by participating in the special offer or the program, or otherwise.
What is Personal Information?
Personal information is information that identifies an individual or is directly associated with a specific person or entity such as a name, address, telephone number, email address, credit card number, or information about activities which can be directly linked to that person, such as his or her purchases. Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or website visitors, from which individual identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customers’ needs so that we can better consider new products and services, and tailor existing products and services to our customers’ desires.
What information do we collect?
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to third parties your personally identifiable information unless we provide you with advance notice, except as described below. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We may provide information to a third party that is necessary to fulfill an order you have placed with us. For example, if you request shipment for a purchase, we may provide your address to the shipping carrier, and if you pay by a credit or debit card, your card number and sales transaction information are passed on to the card processor and/or issuer (including their service providers such as fraud verification services). However, we give others involved in the commerce distribution chain only the information needed to provide you the products or services you order, such as shipping and/or billing address, email address, telephone number and product orders. Moreover, we require them to keep the information confidential and not to use it for other purposes. We are not responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.
We may contract with others to perform tasks or services on our behalf. For example, we might retain a company to process credit card payments, to email information about special offers, or to analyze data. Or website hosting partners and other parties may assist us in operating our website, conducting our business, or servicing you. However, if any of our contractors need access to your personal information; we require that they promise to use the information only to perform the tasks we have engaged them to perform. We also require that they maintain the confidentiality of the information and/or return the information to us when they no longer need it.
Other Uses and Disclosures
In addition, we may use or disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or authorities, to respond to any claims, or to protect the rights, property or personal safety of Mood Media, our employees or the public.
Protection of Personal and Credit Card Information
We have adopted security measures in an effort to protect personal information from loss, misuse or alteration while it is under our control. We use technical, contractual, administrative and physical measures in an effort to protect against unauthorized access. We collect, process and maintain payment information, including credit card information, in compliance with the data security rules adopted by credit card companies such as Visa, MasterCard and American Express. This means that we do not retain debit card PINs or credit card security codes, and that any time we maintain a credit card number, such as when you create an online account, we use access controls and strong encryption to protect it.
Further, when you enter personal information online, that information is encrypted using a security protocol called Secure Sockets Layer (“SSL”) which encrypts all information prior to transmitting it over the Internet. We also use SSL to allow you to securely view your online account and registration information.
Online account information is accessible only by using a password. To protect the confidentiality of personal information in your online account, you must keep your password confidential. You are responsible for all uses of www.moodmedia.com by anyone using your password. If others have access to your computer or email, they may be able to find your password and obtain information about you (such as your credit card number), or change information in your user profile. Please advise us immediately at (800) 331-3340 if you
believe your password has been misused.
How can you opt-out, remove or modify information you have provided to us?
If you do not want us to share your Information with third parties who do not perform tasks or services on our behalf, please let us know by calling our customer services representatives at (800) 331-3340, email us at firstname.lastname@example.org; or write us at: 3318 Lakemont Boulevard, Fort Mill, SC 29708.
If you do not want to receive promotional information, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Changes to our policy
We reserve the right to change this privacy statement at any time, but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. We encourage you to review our privacy statement to make sure you understand how information you provide will be used.