Terms of Service
Your Content You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device. Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content”). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and the Crossroads Parties a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we or the Crossroads Parties may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iii) agree to indemnify and hold us and the Crossroads Parties harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we and/or the Crossroads Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
Prohibited Conduct 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 other person or entity, whether actual or fictitious, including anyone from the Sites, the Crossroads Parties (includes each and all members of Snyder Family Band) or otherwise affiliated with us;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, branding or other promotional content into any Site 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 their features and 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 their services in violation of our or the Crossroads Parties’ intellectual property or other proprietary or legal rights or the rights of any third party;
- use the Sites or any of their services in violation of any applicable 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 their 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 unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or to the reputation of the Crossroads Parties in any way; or (iii) is harmful to children in any manner.
Submission of Your Ideas and Suggestions While we encourage you to share ideas and suggestions through the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant to us, to the Crossroads Parties, and to our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES.
Links to Third-Party Websites The Sites contain links to websites of third parties and advertisements of third-party products and services. 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, them 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 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 revoke your right to link to the Sites.
Disclaimers We administer, control and operate the Sites from our offices in the State of North Carolina, 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 of 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 other jurisdictions. 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 geographic area. Any offer for any feature or function made on the Sites is 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 the Crossroads Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Sites. Some content on these 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 AND 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 SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR THE CROSSROADS PARTIES WARRANT THAT THE SITES OR 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 THE CROSSROADS 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 IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES. Limitation of Liability EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE CROSSROADS 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 FOR 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 Crossroads Parties’ liability shall be limited to the fullest extent permitted by law. IN NO EVENT SHALL WE OR THE CROSSROADS 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 OR THE CROSSROADS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) 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, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
Notice of Claims of Copyright Infringement We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement with respect to any of Site Content, please send a written communication to our designated copyright agent: Scott Wagner Copyright Agent P.O. Box 829 Arden, NC 28704 Telephone: 828-684-3066 Facsimile: 828-684-4495 E-mail: firstname.lastname@example.org Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the 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 to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Policy is effective as of the date set forth above and is only applicable to the Sites and not to any other website that you may be able to access from any of the Sites which may have its own data collection and use practices and policies. We reserve the right to modify this Policy at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution 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 Policy to ensure that you are familiar with the most recent version of this Policy. Your continued use of any of the Sites or Services after the effective date of the revisions signifies your acceptance of any such changes or revisions. You can address your questions or concerns regarding this Policy to email@example.com. This Policy applies solely to our online information gathering and disclosure practices in connection with the Sites, and does not apply to any of our practices conducted offline. This Policy answers the following questions:
- What is our policy on children’s privacy?
- What information do we collect about you and how do we use it?
- Will we share your personally identifiable information with third parties?
- What choices do you have about the collection and use of your personally identifiable information?
- What security measures do we take to safeguard your personally identifiable information?
- What are your California Privacy Rights?
- How can you contact us?
What is our policy on children’s privacy? The Sites are not for children under 13 years of age. However, there are some areas of the Sites that may be attractive to children under 13. We do not condition participation by a child of any age in any activity or any of the services available on or through the Sites on the disclosure of more personally identifiable information than is reasonably necessary to participate in an activity. We do not knowingly collect personally identifiable information from users of the Sites who are under 13 years of age. No personally identifiable information should be submitted to or posted at the Sites by visitors under 13 years of age without the prior written consent of their parent or guardian. If we receive an e-mail message from a child who discloses, or is otherwise known to us, to be under 13 years of age, we may, without the consent of the child’s parent or guardian:
- Respond to a one-time request from the child;
- Provide notice of the child’s communication to the child’s parent or guardian;
- Use this information as may be necessary to ensure the safety of the child on the Sites; or
- Send our electronic periodical publications and materials, with notification to the child’s parent or guardian and the opportunity to discontinue any future delivery of the above information.
Any parent or guardian of a child under 13 years of age who has provided personally identifiable information to us may request a description of the personally identifiable information that has been collected from or about that child, and either limit or restrict any further maintenance or use of such information from that child and/or direct us to delete it. Also, a parent may decline to allow any future collection of personally identifiable information from that child. Such requests can be made by contacting us at firstname.lastname@example.org. We will take reasonable measures to verify that the requesting party is, in fact, the parent or guardian of the child in question before providing a child’s personally identifiable information to such person. A parent may also access the personally identifiable information that has been collected by us through accessing the “My Account” area of that parent’s child’s account by logging into the Sites with that child’s account name and password. We will not knowingly use or disclose any personally identifiable information of a child under 13 years of age for any purpose except as described above.
What information do we collect about you and how do we use it? The types of information we collect and how we collect it By accessing or using the Sites, you may provide us with two types of information: (1) personally identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, e-mail address and credit card information; and (2) non-personally identifiable information, which we collect through the use of the technology called “cookies,” “web beacons” and/or “web logs.” You do not need to submit personally identifiable information to access certain areas of the Sites, but if you do not want to disclose certain personally identifiable information to us, you will not be able to access certain aspects of the Services. We collect personally identifiable information when you create an account, subscribe to our mailing list, participate in chat rooms, forums, polls, surveys, and questionnaires, participate in contests, sweepstakes, or other promotions, purchase a product, contact us, or receive customer or technical support. To subscribe to our mailing list, you will need to provide your e-mail address, the country of your primary residence, your postal code and your date of birth. You will also need to create a screen name and password to access some of the other Services. When you are purchasing products, you will need to provide your name, address, e-mail address and phone number and, additionally, we or one of our third-party payment or fulfillment service providers will ask for your shipping and billing address and credit card, debit card or other payment information. We may also collect other types of information (known as demographic information) such as your gender, hobbies and interests. This demographic information may be associated with your personally identifiable information.
How we use your personally identifiable information The personally identifiable information that you provide to us will allow us to fulfill your product or service order, contact you about your account or your order of our products or services, alert you of new products or services, features or enhancements, notify you of changes in the Services, handle/route your customer service questions or issues, and/or inform you of contests, promotions, or special events and offers. We keep track of your interactions with us, including, but not limited to, your activity within the Services. We may use information relating to your interactions with us to generate information about the popularity of certain Services and how users of the Sites utilize different aspects of the Services (“Popularity Data”). We may use this Popularity Data to design, develop and implement additional services and features of the Sites and to improve the Services. Popularity Data may be associated with your account and we may provide a point system in which your account earns points through the amount of Popularity Data your account has achieved. These points may be displayed with the account information that is publicly displayed to other end users of the Sites, such as when you participate in a forum in the Sites, but we do not disclose the Popularity Data itself as associated with your account. We may use personally identifiable information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Services.
Will we share your personally identifiable information with third parties? Sharing of information We may disclose certain elements of your personally identifiable information (e.g., your name and e-mail address) with Snyder Family Band and members of its management team, its employees, agents, contractors and sub-contractors, and its companies and subsidiaries, and their respective employees, agents, contractors and sub-contractors, for the limited purpose of enabling them to communicate directly with you about upcoming musical performances, personal appearances, contests, sweepstakes, promotions, announcements and other special events. We may use your personally identifiable information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally identifiable information about customers. In addition, we will share the personally identifiable information we collect from you under the following circumstances:
- Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally identifiable information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through e-mail and/or a prominent notice on the Sites.
- Service Providers. We may share your personally identifiable information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we have partnered with other companies to sell products through the Services, fulfill product orders, process payments and administer our e-mail announcements. Additionally, we may partner with other companies to process consumer surveys; fulfill prizes; or to process, analyze and/or store data. While providing services for us, these companies may access your personally identifiable information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.
- On-line Sweepstakes and Contests. We may share personally identifiable information collected in connection with on-line contests, sweepstakes or other promotions with the third-party sponsors of such promotions, or otherwise as set forth in the Official Rules applicable to the promotion. You should carefully review the Official Rules of each promotion in which you choose to participate through the Sites, as they may contain additional important information about a third party’s use of your personally identifiable information. To the extent any Official Rules conflict with this Policy, the Official Rules will govern that particular promotion.