Coliday Music Group Terms of Use (Soft Soothing Sounds)

Last updated: December 12, 2019.

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE COLIDAY MUSIC GROUP SITE OR COLIDAY MUSIC GROUP SERVICE OWNER OF SOFT SOOTHING SOUNDS.

1. Introduction

Welcome to the Coliday Music Group website. Coliday Music Group provides an online singing service that permits you to listen to, sing-along with, record, and playback personalized renditions of your favorite recording under certain terms and conditions as set forth in this Agreement.

These Terms and Conditions apply to all Coliday Music Group sites and services which reference these Terms and Conditions. By using a Coliday Music Group Site, or any product or service (collectively the "Services" or the "Coliday Music Group Services") available on a Coliday Music Group site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Coliday Music Group Site or Service, all as may be modified by Coliday Music Group from time to time in its sole discretion (collectively the "Terms and Conditions").

If you do not agree with these Terms and Conditions, you may not use a Coliday Music Group Site or any of the Services on a Coliday Music Group Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of a Coliday Music Group Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.

You are authorized to use the Coliday Music Group Services only for personal, noncommercial use. Coliday Music Group may not be used for commercial purposes without the express, written consent of Coliday Music Group. Unauthorized or unlawful use of Coliday Music Group will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Coliday Music Group for any unauthorized or unauthorized unlawful use of the Coliday Music Group Site or Coliday Music Group Services.

2. Site Registration and Security

Certain of the services and related features that may be made available on a Coliday Music Group Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Coliday Music Group Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Coliday Music Group shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

3. Site Content

a. Restrictions on Use of Materials

All material, information and content available on a Coliday Music Group Site, including without limitation graphics, text, audio clips, video clips, pictures, editorial content the manner in which such content is presented, and the Coliday Music Group Services are: © 1981- Coliday Music Group, its affiliates and/or licensors and all rights are reserved. The content and the Coliday Music Group Services are protected by USA, Canadian and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the content obtained through a Coliday Music Group Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Coliday Music Group.

b. Trade-Marks

Coliday Music Group and all associated designs and logos are trade-marks of Coliday Music Group. All other product, brand and company names and logos used or mentioned on a Coliday Music Group Site or any Coliday Music Group Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Coliday Music Group Site or any Coliday Music Group Service without the express written consent of the owner of the trade-mark is strictly prohibited.

c. Links

Please note that certain links on a Coliday Music Group Site may take you to other websites. Coliday Music Group provides these links only as a convenience and not as an endorsement by Coliday Music Group. These linked sites are not necessarily under the control of Coliday Music Group If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Coliday Music Group is not responsible for the content of any such linked sites or any other web page which is not part of a Coliday Music Group Site and under Coliday Music Group's control. Unless otherwise expressly provided, Coliday Music Group makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Coliday Music Group will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Coliday Music Group Site.

d. Copyright

All copyrights in and to the Coliday Music Group Service, including but not limited to, Coliday Music Group.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Coliday Music Group and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in these terms of service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

In the event of a dispute between users of Coliday Music Group as to ownership of original content, Coliday Music Group follows procedures that can be found below. Notwithstanding USA, Canadian copyright law and the U.S. DMCA process, Coliday Music Group reserves the right to remove content from the site at anytime at management's sole discretion. The terms and conditions established under the Copyright link are hereby incorporated into these Terms and Conditions.

Coliday Music Group expressly disclaims any and all liability in connection with content submitted by users. Coliday Music Group does not permit copyright infringing activities and infringement of intellectual property rights on the Coliday Music Group Service and it will remove all content if properly notified that such content infringes on another's intellectual property rights. Coliday Music Group reserves the right to remove content without prior notice.

4. Site Conduct

a. Legal Compliance and Monitoring

In consideration of the availability, and your use, of a Coliday Music Group Site or any Coliday Music Group Service, you agree to comply with all applicable laws and these Terms and Conditions when using such site or service. You acknowledge that Coliday Music Group has no obligation to monitor a Coliday Music Group Site or any content accessible through a Coliday Music Group Site or any Coliday Music Group Service. However, you agree that Coliday Music Group has the right to monitor a Coliday Music Group Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Coliday Music Group Site or any Coliday Music Group Service properly, or to protect itself or its users and customers in accordance with the Coliday Music Group Privacy Policy.

b. Prohibited Conduct

You agree not to:

a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Coliday Music Group Site or any Coliday Music Group Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Coliday Music Group Site, any Coliday Music Group Service or the Internet;

b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;

e) attempt, encourage, or assist any other person to circumvent or modify any security technology or software that is part of a Coliday Music Group Site or Coliday Music Group Service;

f) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or provide unauthorized sound recordings or links to unauthorized sound recording files;

g) record parodies or rewrites of songs on Coliday Music Group backing tracks. For avoidance of doubt, you are free to perform the Coliday Music Group original song in any live setting.

h) use the Coliday Music Group Service while driving a motor vehicle or in any other situation deemed unsafe for usage.

c. Forum Conduct

By uploading/emailing materials to any email box, message board or forum available on a Coliday Music Group Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting service on a Coliday Music Group Site, you automatically grant (or warrant that the owner of such materials expressly grants) Coliday Music Group a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

Coliday Music Group is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Coliday Music Group reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

d. Third Party Dealings

You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Coliday Music Group Site or any Coliday Music Group Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Coliday Music Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

5. Submissions to Coliday Music Group

a) Content and Recordings

You may submit content to the Coliday Music Group Service. You shall be solely responsible for your own content and the consequences of submitting your content to the Coliday Music Group Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit.

You license to Coliday Music Group all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Coliday Music Group Service pursuant to the Terms and Conditions. By submitting content to Coliday Music Group, you explicitly grant to Coliday Music Group and to its assignees and licensees the right and permission to use, broadcast, publish, perform, create derivative works, monetize and sell the video and audio recordings in any medium, throughout the world, without any restriction whatsoever on a royalty-free basis.

You grant each user of the Service a worldwide, non-exclusive, royalty-free, sub-license able and transferable license to access your content through the Coliday Music Group Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such content as permitted through the functionality of the Coliday Music Group Service and under the Terms and Conditions. You acknowledge and agree that other users of the Coliday Music Group Service may modify your content at any time following submission thereof and assume the risks related thereto.

You further understand and agree that any content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person. You further agree that content you submit to the Coliday Music Group Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Coliday Music Group all of the licence rights granted herein.

b) Site and Service Enhancements

Coliday Music Group is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them, but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Coliday Music Group be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Coliday Music Group, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Coliday Music Group that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Coliday Music Group is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Coliday Music Group, without obtaining permission or license from you or any third party.

6. Subscription Services

Certain of the Services made available on a Coliday Music Group Site may be offered by Coliday Music Group on a payment basis (a "Pay Service"). Pay Services may be offered by Coliday Music Group on a single download basis, prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process.

You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including without limitation any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Coliday Music Group reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services offered on a periodic subscription basis renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, and (d) that Coliday Music Group reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Coliday Music Group has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Coliday Music Group shall be in addition to and without prejudice to such rights and remedies as may be available to Coliday Music Group, including without limitation injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Coliday Music Group or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including without limitation chargeback, Coliday Music Group reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

7. Responsibility for Minors

In cases where you have authorized a minor under the age of 18 to use a Coliday Music Group Site or any Coliday Music Group Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Coliday Music Group Site may contain material that is inappropriate for minors. Minors under the age of 13 are not permitted to use the Coliday Music Group site or any Coliday Music Group service.

8. Disclaimer

You expressly understand and agree that: (a) a Coliday Music Group Site and any Coliday Music Group Service are provided on an "as is" and "as available" basis and that Coliday Music Group makes no warranties, representations or conditions (as used in this section "warranties") of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and (b) Coliday Music Group specifically makes no warranties that a Coliday Music Group Site or any Coliday Music Group Service, including without limitation any content, information, products or services obtained from or through the use of a Coliday Music Group Site or any Coliday Music Group Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.

9. Privacy

Coliday Music Group respects the privacy of all of its users and customers and is committed to protecting their privacy. Our privacy policy specifies how user information is collected, used and disclosed by us in connection with your use of a Coliday Music Group Site and any of the Coliday Music Group Services.

You hereby provide Coliday Music Group with consent to send you emails based on any information you have provided Coliday Music Group, any information related to the information you have such provided, or any other information. You hereby agree that any such email sent by Coliday Music Group is not spam, illegal, or unsolicited. You hereby further agree that if you choose to delete your profile and/or resign from Coliday Music Group, your profile will not appear in any search results, however, Coliday Music Group keeps the right, to continue sending you emails in other fields, subject to your withdrawal of consent.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COLIDAY MUSIC GROUP, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER COLIDAY MUSIC GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE COLIDAY MUSIC GROUP SERVICES OF A COLIDAY MUSIC GROUP SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A COLIDAY MUSIC GROUP SITE OR ANY OF THE SERVICES.

You expressly acknowledge that Coliday Music Group has entered into this agreement, and has or may make a Coliday Music Group Site, content and Coliday Music Group Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Coliday Music Group. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

11. Indemnification

You agree to defend, indemnify and hold harmless each of Coliday Music Group, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Coliday Music Group Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Coliday Music Group Site, Coliday Music Group Services or content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Coliday Music Group Site or through any Coliday Music Group Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Termination

You acknowledge and agree that Coliday Music Group, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Coliday Music Group Site or any Coliday Music Group Service, and remove and discard any information or content related to a Coliday Music Group Site or any Coliday Music Group Service (and your use thereof), for any reason, including where Coliday Music Group believes that you have violated any of these Terms and Conditions. You further agree that Coliday Music Group shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Coliday Music Group Site or any Coliday Music Group Service or with any terms, conditions, rules, policies, guidelines, or practices of Coliday Music Group in operating a Coliday Music Group Site or any Coliday Music Group Service, your sole and exclusive remedy is to discontinue using a Coliday Music Group Site or any Coliday Music Group Service.

13. Jurisdiction

All Coliday Music Group Sites and Coliday Music Group Services are controlled, operated and administered by Coliday Music Group from its offices within the United States of America. Coliday Music Group makes no representation or warranty that a Coliday Music Group Site or any Coliday Music Group Service is appropriate or available for use at any locations outside the USA. If you access a Coliday Music Group Site from outside The USA, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Coliday Music Group Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the state of California, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of California and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

14. Contact

To contact Coliday Music Group in connection with these Terms and Conditions or the Coliday Music Group sites, send an email to support@coliday.com.

15. General Provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Coliday Music Group and you pertaining to your use of a Coliday Music Group Site, a Coliday Music Group Service and content and supersedes any prior agreements between you and Coliday Music Group with respect to the subject matter hereof. Coliday Music Group's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.

Coliday Music Group Copyright
At Coliday Music Group, we are committed to helping everyone protect their copyright and other intellectual property rights. Coliday Music Group has licensing agreements with several copyright collective management organizations.

Coliday Music Group is governed by California Law. It gives users the right to use copyrighted works when they create non-commercial user generated content under appropriate circumstances. Those circumstances include creating something new such as a remix, mashup, or new work that combines something new with something old, attribution where possible, the use of authorized content, and the assurance that the new work does not create a substantial adverse effect on the original work. The provision also grants intermediaries such as Coliday Music Group the right to disseminate non-commercial user generated content.

While we believe that many of the works posted by Coliday Music Group users qualify for the non-commercial user generated content provision, we want to ensure that all copyright owners feel adequately protected. After having regard for fair use, fair dealing, and the non-commercial user generated content rules, copyright owners who still believe that their works have been posted in violation of the law, may file a notice of infringement by email at copyright@coliday.com.

A valid notice of infringement must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

Identification of the works or material claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;

Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for Coliday Music Group to locate the material;

Information reasonably sufficient to permit Coliday Music Group to contact the claimant, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement by the claimant that they have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A valid notice of infringement may result in the removal of the content from Coliday Music Group.

Coliday Music Group's policy is to disable the accounts of people who repeatedly infringe others' intellectual property rights when appropriate.

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SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Coliday (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@circadianoptics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Circadian Optics, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Coliday’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

If you have any questions about this copyright policy, contact Coliday Music Group at support@coliday.com.

Coliday Music Group CopyrightAt Coliday Music Group, we are committed to helping everyone protect their copyright and other intellectual property rights. Coliday Music Group has licensing agreements with several copyright collective management organizations.

Coliday Music Group Copyright
At Coliday Music Group, we are committed to helping everyone protect their copyright and other intellectual property rights. Coliday Music Group has licensing agreements with several copyright collective management organizations.