The Terms of Service (“terms”) are between you and Bryan Baker Music (BBM)and Enilkrad Music. Your use of this Bryan Baker Music website (the “BBM website”), LAM services, features, applications or functions offered or made available on or through the Website, or other services or applications made available by BBM in which these terms are posted (including, without limitation, any and all mobile applications and social networking applications (i.e., Facebook, Twitter, iTunes) (collectively, the “Services”) are subject to the following terms. Furthermore, these terms apply whether you are accessing the BBM website and/or services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future. We may update these terms by documenting and posting a new version on the BBM website, and your continued use of the website and service after any such update constitutes your binding acceptance of such changes.
CHANGES TO WEBSITE OR SERVICE OFFERINGS
BBM website reserves the right at any time to modify or discontinue, temporarily or permanently, the website or services (or any part thereof), with or without notice. You agree that the BBM website shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or Services.
This BBM website may provide links to other World Wide Web sites or resources. BBM website has no control over such sites and resources, you acknowledge and agree that BBM website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the BBM website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked content.
OUR PROPRIETARY RIGHTS
This website and services are owned and operated by Enilkrad Music and Bryan Baker Music and contains material which is derived in whole or in part from material supplied by the BBM website and its affiliates, as well as other sources, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this website or services including code and software (“Material”) unless specifically granted permission to do so by the website, services or by the BBM website.
BBM website Material on this server may on occasion, include inaccuracies or typographical errors; the BBM website have the right to make changes and updates to any information contained within this server without prior notice.
Specific Restrictions on Use of Third Party Press Material. Third Party Press (“TPP”) text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these TPP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. TPP will not be held liable for any delays, inaccuracies, errors or therefrom or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.
COMMUNICATION WITH BBM
E-mail is an important communication channel for fans of the BBM website. All e-mail and/or contact submissions requests sent to this BBM website should be generated by the individual in whose name the e-mail account is legitimately registered. Email shall not mask their identity using a false name or another individuals name or account. The BBM website will use your e-mail address and the content of any e-mail or information request only for correspondence purposes.
Any information provided to the BBM website by e-mail or contact form submission, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, endorsement interest, media and press requests, reviewers, bloggers, ideas or the like, shall be deemed to be non-confidential; the BBM website assumes no obligation to protect such information from disclosure. The submission of such information to this BBM website shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the BBM website for any purpose whatever, and LAM and the BBM website shall be free to reproduce, use, disclose and distribute the information to others without restriction.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LAM AND THE BBM WEBSITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR SERVICES, YOUR CONNECTION TO THE WEBSITE AND/OR SERVICES, YOUR VIOLATION OF THESE TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE WEBSITE AND/OR SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Bryan Baker Music, Enilkrad Music. The collective work includes works that are licensed to Bryan Baker Music, Enilkrad Music. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Bryan Baker and Enilkrad Music, or other respective owners that have granted Bryan Baker Music the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. The BBM WEBSITE respects the intellectual property of others, and we ask our website users and visitors to do the same. The BBM website will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, the BBM website will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provid the BBM website the following information. Please be advised that to be effective, the notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit LAM and the BBM website (and our representatives) to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK AS THE FAN AND CONSUMER ON THIS WEBSITE. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BBM WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THE BBM WEBSITE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
2. ANY CONTENT AND MUSIC DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND/OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BBM WEBSITE OR THROUGH OR FROM THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THE BBM WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAM AND THE BBM WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND/OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND/OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES.
Entire Agreement. These terms constitute the entire agreement between you and the BBM website with respect to the Website and Services and supersedes any prior agreements, oral or written, between you and the BBM website.
Jurisdictional Statement. The terms and the relationship between you and the BBM website shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, CA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The BBM website controls the Website and Services from its offices within the United States of America, and they are intended for use only in the United States of America. The BBM website does not represent that the materials on this Website and Services are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access the Website and Services of your own volition and are responsible for compliance with applicable local laws.
Waiver and Severibility of Terms. The failure of the BBM website to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the terms are for convenience only and have no legal or contractual effect.
Bryan Baker Music (“BBM”) and information collected on this site may be used in the manner described below by the BBM website, any managers, representatives, labels, agents, endorsements, sponsors, subsidiaries, trusted partners and affiliates acting on our behalf.
Any personal information that may be shared with the Bryan Baker Music website (i.e, email address, name, contact information, address, phone, or otherwise known identity) is kept absolutely private. Neither your name nor any portion or representation of or about you is sold or shared with any other company, agency or third party. Occasionally, the BBM website may contact you to make you aware of upcoming show, events, tours, music release or other worthy content. The BBM website respects your right to privacy and will not send notices or announcements should you contact us directly and request no further communication.
Effective date, July 05, 2014. (c) Copyright 2014 Bryan Baker Music/Enilkrad Music. All rights reserved. Use of the Website and/or Services signifies your acceptance of these Terms of Service.