Terms and Conditions

TRIPLE SCOOP MUSIC WEBSITE
TERMS AND CONDITIONS OF USE


Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Triple Scoop Music web site located at http://www.triplescoopmusic.com/ (the "Site"). The Site is the property of Triple Scoop Music, Inc. ("Triple Scoop Music"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.


Triple Scoop Music reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Triple Scoop Music grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Triple Scoop Music, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Triple Scoop Music's express prior written consent.


Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Triple Scoop Music reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Triple Scoop Music server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Triple Scoop Music, including any Triple Scoop Music account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Triple Scoop Music or others.


Website Ownership
This website is owned and operated by Triple Scoop Music, Inc. All elements of Triple Scoop Music's website, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "Triple Scoop Music", the Triple Scoop Music logo as well as "What Does your Story Sound Like" are registered trademarks of Triple Scoop Music.


Unauthorized Audio Copying is Prohibited
Except as explicitly permitted under these Terms or a written agreement with Triple Scoop Music, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of Triple Scoop Music or its licensors unless otherwise expressly agreed in writing.


No Unlawful Uses
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.


Age Restrictions
If you are under eighteen (18) years of age, you must have parental consent before licensing/purchasing any song on this site.


Song Licensing at Triple Scoop Music
The Triple Scoop Music website allows you to purchase licenses to individual songs for specific uses. TSM also offers membership subscription options for access to our music licensing catalog. In order to download and use a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. The provisions of the usage terms and music license will control your use of the Song. All Songs and all rights not expressly granted in writing remain the exclusive property of Triple Scoop Music and its content providers.

You agree to pay all licensing and/or membership fees associated with your individual song license purchases and or membership subscriptions, as appropriate ("Fees"). TSM may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

If, for any reason, your payment is not received by TSM, your related music licenses or membership will be suspended until payment is received by us. For memberships, you agree that until your paid subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription/membership payments and license payments are nonrefundable. All purchases are final.

Your account will be terminated if, at TSM's sole discretion, you are determined to be using music outside of the approved uses listed in the terms of your music license or membership.

Furthermore, we reserve the right to terminate any user account, if the account has been inactive for a twelve (12) month period.

Infringement
Triple Scoop Music will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should Triple Scoop Music be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website. You will indemnify Triple Scoop Music, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.

Non-Compete
You may not use any Song to promote a business that sells or licenses Songs, or otherwise competes with Triple Scoop Music in any manner.


Indemnification:
Licensee agrees to indemnify and hold harmless TSM from and against any claim, loss, damage, cost and expense (including reasonable attorneys' fees), arising out of any third party claim arising out of a breach of this License by Licensee.


Privacy Policy
Triple Scoop Music fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. Triple Scoop Music reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.


Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of Triple Scoop Music, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to Triple Scoop Music, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Triple Scoop Music, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond Triple Scoop Music.


Email
If you have provided us your email address, Triple Scoop Music periodically sends promotional emails to its subscribers about services offered by Triple Scoop Music and its partners. If you do not wish to receive email information from Triple Scoop Music or its partners, please let us know by emailing us at: music@triplescoopmusic.com or by writing us at Triple Scoop Music, 3727 W Magnolia Bl #125 Burbank CA 91505


Cookies
When you visit the Triple Scoop Music website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs.


Disclaimers
This website and its content are provided "as is" and triple scoop music excludes to the fullest extent Permitted by applicable law any warranty, express or implied, including, without limitation, any implied Warranties of title, non-infringement, merchantability, satisfactory quality or fitness for a particular Purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or Without error. You assume the entire cost of all necessary servicing, repair or correction due to your use Of this website. Triple scoop music makes no warranty as to the accuracy, completeness or reliability of Any content, information, products, services or materials made available on or through this site. You expressly agree that your use of this site is at your sole risk. Triple scoop music neither endorses nor Is responsible for the accuracy, completeness or reliability of any opinion, advice, statement, information Or other content made available on or through this site, nor will it be liable under any circumstances for Any loss or damage caused by your reliance on any content, information, products, services or materials Obtained on or through this site.

Except as specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither Triple Scoop Music nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. There may be links to other websites from the Triple Scoop Music website; however, these other websites are not controlled by Triple Scoop Music and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against Triple Scoop Music regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.


Governing Law
These Terms will be interpreted, construed and governed by the laws of the state of California, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in Los Angeles, California and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, Triple Scoop Music will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Triple Scoop Music, such action is necessary or desirable.

You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, in Los Angeles, California USA. In any such dispute, the substantially prevailing party shall be entitled to its reasonable attorneys' fees. No modification or waiver of this License will be binding unless made in a writing signed by Licensee and one of Licensor's duly authorized representatives. No failure by Licensor to exercise a right or remedy shall be deemed a waiver of any further right or remedy.


Agreement to Arbitrate All Disputes
Nothwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Los Angeles, California USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person's claims.

YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.


Waiver or Amendment
No action of Triple Scoop Music, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.


Notices
All notices to a User or to TSM shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at music@triplescoopmusic.com.

© 2018 Triple Scoop Music

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