The following terms and conditions (the “Terms and Conditions”) govern your use of Flatiron Recordings-operated websites and/or mobile apps (collectively, the “Site”). The Site is made available by Flatiron Recordings, LLC and its affiliates (collectively, “Flatiron” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
Our Sites may include the option to purchase physical or digital goods. Purchases on Flatiron’s Sites are governed by Flatiron’s Webstore Terms and Conditions.
BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Proprietary Rights. As between you and Flatiron, Flatiron owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Flatiron or the applicable rights holder. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Flatiron will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Flatiron and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Flatiron that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Flatiron or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Flatiron will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
SMS/Mobile Programs. When you enroll in a text message service (“Mobile Program”) offered by Flatiron or an artist we support, you agree to receive offers, abandoned shopping cart messages, and other information from Flatiron or the relevant artist via SMS and/or MMS message at the mobile number you provided during the service’s registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment.
Messages may be sent using an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Mobile Program and you will be responsible for any charges associated with such purchases. Message frequency varies. Your mobile carrier’s message and data rates may apply to any messages you send or receive through the Mobile Program, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.
As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Mobile Program or by replying to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. You can contact customer support directly by emailing info@flatironrecordings.com using the subject line beginning with: “SMS Marketing Inquiry”.
If you choose to stop your subscription, you agree to receive a final text message from the Mobile Program to confirm your cancellation. Our information collection and use policies regarding your information are set forth in our Privacy Policy. Mobile Programs that include marketing messages, including abandoned shopping cart messages, may use any information collected about you under our Privacy Policy to link your activity to your mobile number, personalize messages, and/or link your mobile number to an abandoned shopping cart.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. Carriers supported by a Mobile Program are not liable for delayed or undelivered messages. Flatiron and our supported artists are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.
5. Unsolicited Materials. Unless specifically requested, Flatiron Recordings does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy.
- User Conduct. While using the Site, you warrant and agree that you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that breach our terms and conditions.
You also warrant and agree that you shall not engage in any unauthorized or harmful actions on the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Although Flatiron Recordings may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Flatiron Recordings is under no obligation to do so and assumes no responsibility or liability arising from any such activities on the Site.
You agree to defend, indemnify and hold Flatiron Recordings and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms and Conditions.
Account and Password. If you create an account on the Site (“Account”) using a Login, you shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password.
Software Downloads. If you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by Flatiron Recordings in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.
Orders for Products and Services. You may be able to order certain music-related products and/or licenses through the Site. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Flatiron Recordings.
Third Party Websites. You may be able to link from the Site to third party websites (“Linked Sites”). You acknowledge and agree that Flatiron Recordings has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.”
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” [AND] “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FLATIRON RECORDINGS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FLATIRON RECORDINGS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH FLATIRON RECORDINGS OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY FLATIRON RECORDINGS “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FLATIRON RECORDINGS OR ITS LICENSOR OR SUPPLIER.
- Notices and Contact Information. All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to :
Flatiron Recordings, LLC
1580 N. Logan Dr. Ste 600
Denver, CO 80203
Attn: Security Compliance Analyst.
Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.
If you have any questions, comments or complaints regarding the Sites, feel free to contact us at info@flatironrecordings.com
