Terms and Conditions
TRIPLE SCOOP MUSIC WEBSITE
TERMS AND CONDITIONS OF USE
Your Use of the Site
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.
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.
TSM may, at its sole discretion, offer "rewards" programs that provide discounts and benefits to customers. Currently,
rewards are earned on both single-song license purchases and single-use license purchases. Membership plans are not
eligible to earn rewards, however you may apply existing rewards credit to your first membership payment.
All TSM Memberships are 1 year, automatically renewing subscription agreements, available for purchase as either a single annual fee or an annual plan paid in 12 consecutive monthly payments/installments. TSM does not offer single-month memberships. Membership/subscription payments and license payments are nonrefundable. All purchases are final.
By signing up for a 1-Year Membership, you agree to be liable for all membership payments and to only use music in accordance with the specific usage rights listed in your membership plan. TSM will not be liable to you or any 3rd party in the event of any cancellation of licenses or for termination of your account due to non-payment of membership fees.
For memberships, you agree that until your paid subscription ends after 12 months, or expires, you will continue to remain responsible for all subscription payments, even if you do not use our service.
If for any reason, your payment is not received by TSM, all music licenses created under your current membership term will be, at TSM's sole discretion, suspended or cancelled until payment is received by us. TSM retains the right to charge single-use license fees on terminated licenses due to non-payment of membership fees. Licenses suspended or cancelled due to non-payment may result in a copyright infringement claim against the member.
If you use music within a project type not covered within your current membership, TSM reserves the right to charge your account the single-use license fee for such uses and/or the appropriate membership fee for the membership type associated with such use.
You may update your Membership settings to turn the "Auto-Renew" feature on or off in advance of your Membership Renewal Date.
Your account will be suspended or deactivated without compensation to you 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 your specific membership plan.
If you have any questions about your membership plan or your plan's usage rights, contact us at email@example.com.
We reserve the right to terminate any user account, if the account has been inactive for a twelve (12) month period.
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.
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.
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.
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.
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.
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: firstname.lastname@example.org or by writing us at Triple Scoop Music, 3727 W Magnolia Bl #125 Burbank CA 91505
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.
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.
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.
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 email@example.com.