AGREEMENT & ACCEPTANCE OF TERMS
Welcome to Modern Music Masters, Inc. (MMM), home to the very best in streaming video music instruction via online courses taught by true Masters of their instruments and craft.
This Website, modernmusicmasters.com (the “Site”), which includes, without limitation, all web content and underlying software and technology, is a copyrighted work belonging to MMM (the “Company,” “we,” “us,” and “our”). These Terms of Service (the “Terms”) govern the use of our Site, and govern the Site Users’ (the “Users,” “you” and “your”) and Subscription Service Members’ (the “Members,” “you,” and “your”) access to the Site. These Terms also govern each Member’s enrollment in the Subscription Access Plan (the “Access Plan,” “Service(s)”) via creation of a Member Account (the “Account”), and govern use of the Service(s) available through the Site.
After enrolling in an Access Plan with our Company and creating a Member Account as part of a purchase, you will be able to view and/or hear an assortment of video, audio, data, interactive, and other content, depending on the actual Service(s) you purchased.
These Terms apply to all Users, Members, and any other visitors who access or use this Site or Service. “Use” of or “using” this Site or Service incudes, without limitation, navigating to or between our webpages, clicking any items on webpages, inputting information, or subscribing to or partaking in our Service in any way.
These Terms constitute a binding legal agreement between you and the Company. By using our Company’s Service and Site, you are confirming that you are at least 18 years of age and are legally eligible to enter into a binding legal agreement. You warrant that you have full authority and capacity, legal or otherwise, to use the Site and Services.
You CANNOT become a Member of any Subscription Access Plan if you DO NOT ACCEPT ALL TERMS. Any new subscription requests received by our Company will not be processed until the potential new Member has agreed to the Terms and checked the box “ACCEPT” when completing registration. Any new Member will not be enrolled into the Service, and the Service will not be activated until the new Member has agreed and chose to ACCEPT the Terms.
CHANGES & MODIFICATIONS TO TERMS OF SERVICE
Our Company reserves the right to modify, add to, restate, suspend, or terminate all or part of the Site or Service at any time with or without providing prior notice to Members or Users. This includes the right to create limits on Members’ use of the Service. You agree we are not liable to you or any third-party for using or enforcing the rights stated in this paragraph. Unless we otherwise indicate, any future modifications to the Site are subject to these Terms. All modifications shall be effective immediately upon being posted on our Company’s Site.
We will endeavor to post prior versions (including marked changes) of the Terms, if any, for the preceding 12-month period. You can view prior versions here.
Unless explicitly stated otherwise, any new feature that augments or enhances the current Service shall be subject to these Terms of Service. You understand and agree that the Service is provided “AS IS” and that the Company assumes no responsibility for the timeliness, deletion, misdelivery of notifications, or failure to store any user communications or personalized information. We have no obligation to retain any of your Account information or content for any period of time beyond what may be required by applicable law.
Members are responsible for reviewing these Terms regularly. Continued use of the Service shall be deemed to be conclusive acceptance of all modifications to any Terms of Service.
Before using our Site or registering for our Service, please carefully read the Cookies Policy. The terms of the Cookies Policy are hereby incorporated into these Terms of Service.
Information is available in our Policy regarding a User’s ability to “Opt-Out” of certain Cookies. However, any opt-out settings are set up by the User individually on their own device. Please be aware that opting-out of some or all Cookies may affect some of the features and use of our Site.
REGISTRATION INFORMATION & SUBSCRIPTION MEMBERSHIP
SERVICE FEES & CHARGES
The basic account fees (“Service Fees”) shall be provided at the rates set out in the Modern Music Master’s pricing plan at the time of subscription, plus any applicable taxes that may apply. The Company may from time to time modify the Service Fees, including offering promotional rates under these Terms.
If for any reason payment is not effected through the Member’s credit or debit card and payment becomes past due, the Company may contact the Member via email on file to notify Member that the current listed payment method has failed, and ask the Member to provide a different payment method. The Member may receive a message from the Site that their Account has been suspended during the period of unresolved non-payment. Members are responsible for any fees, including late fees, collection fees, and attorney fees that the Company may assess or incur in its efforts to collect any amounts due and owing.
BILLING FOR SERVICES & PAYMENT METHODS
Service Fees shall be paid credit or debit cards, or other means as may be printed on invoices or posted on our website. Billing may be made by a third party, and payments are processed through a secure third-party website. Members shall pay their initial Service Fee in advance, at times and rates set out in the pricing plan. The Company reserves the right to change the billing process at its discretion. If the billing process is updated, our Company will provide the Member notice in writing via email on record within 30 days to let them know of such changes
TERM OF SUBSCRIPTION MEMBERSHIP
The term of any annual Access Plans shall be for one (1) full year from the date of registration. The Service shall discontinue at the end of that one calendar year from registration date, unless the Member takes steps to renew their Service Plan for an additional term. After one full year, Members may renew their plan for another year, or begin on a month-to-month basis, for a monthly fee.
TERMINATION & SUSPENSION OF SUBSCRIPTION MEMBERSHIP
Our Company has the right to suspend, restrict, or terminate a Member’s use of the Service and to refuse any future use of all Services if our Company has reason to believe that the Member has failed to comply with these Terms, or has failed to make necessary payments for service. Additionally, a Member has the right to terminate their account and the Service at any time by notifying the Company through the listed Contact Information available on the Site, or via our Contact Us page. If you or the Company terminates the Agreement or if the Company suspends your access to the Service for cause such as non-compliance with Terms or failing to pay a Service Fee, you agree that our Company shall have no liability or responsibility to you, and the Company is not under any obligation to refund any amounts that would have already been paid by you to use the Service.
CANCELLATION & REFUNDS
Once a Subscription Service Plan is purchased, the initial subscription cost (the “Service Fee”) is deemed completely earned and fully payable to Modern Music Masters, Inc. The Service Fee is fully payable and nonrefundable for the entire duration of the Service Plan, (except as further specified below in this section) regardless of how many times a Member accesses their Account and uses the Service during the Service period. Members understand that they are paying for the right to have an Account with unlimited access to the Service, regardless whether they choose to regularly access and use the Service.
A Member has a right to cancel their subscription to the Service Plan at any time throughout the Service’s duration. To do so, Member needs to contact the Company directly via the information provided on the Contact Us page of this Site. However, a Member is not entitled to a refund, partial or full, for the Service just by cancelling their subscription to the Service.
Full refunds may only be available to a Member who has recently signed up for the Service, but has chosen to cancel the Service within fourteen (14) days of registering on this Site. A Member who cancels within this 14-day period may be entitled to the entire amount of the Service Fee paid minus a processing fee. However, our Company reserves the exclusive right to refuse any refund request, or to refuse to prorate any refund request of the Service fee, even within the first fourteen (14) days of service if there is evidence that the Member has copied, recorded, screen-scraped, or otherwise illegally recorded or replicated our content. Our Company may review any request for a refund in this time period, and may have cause to determine and document what content has been viewed by the Member making the refund request to determine if they would qualify for a refund based on content viewing in this fourteen (14) day period. Outside of this 14-day period, generally, no refunds will be issued. However, there may be exceptions, which will be assessed on case-by-case basis, and may be prorated at the Company’s discretion. Please contact us via the Contact Us page to make any refund requests.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Prior to receiving full access to all of our Site’s Services, you will be required to provide certain personal information determined by us to be necessary to register as a Service Member. You will be required to create login credentials, starting with a valid personal email address. An initial password will be auto-generated by the Site and will be emailed to the email address you provided. Upon subsequent authorized login, you will be able to change your password along with other Account information. Together, your email and current password constitute your “Login Credentials” and these Login Credentials will enable you to fully access our Service. The Member who created the Account, and whose Payment Method is charged is considered the Member of the Service(s).
You may never use another Member’s account, and you may not provide another person with your login credentials. You are fully responsible for any and all activities that occur under your account. While you should not provide anyone else with your Login Credentials, if you do share your Login Credentials, you agree to be responsible for assuring that anyone you willingly allow to use your Account complies with these Terms.
If you believe that your Account has been accessed by anyone other than you, you agree to immediately notify our Company of such unauthorized use of your Account or any other suspected or known breach of security. You are responsible for updating and maintaining the truth and accuracy of the information provided to our Company relating to your Account.
Please be aware that if you share or otherwise make your Account available to any third-party unintentionally, such as by forgetting to log out of your Account on a shared or public device, then such third-party(ies) may be able to gain access to any and all information contained in your Account, including personal information, billing information, settings, and other preferences. You agree to ensure that you properly exit from your Account at the end of each session when accessing the Service from shared or public devices. Our Company will not be liable for any loss or damage arising from your failure to comply with this Section.
ELECTRONIC COMMUNICATION POLICY
Members consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, have the same legal effect and satisfy any legal requirements that such communications would satisfy if provided to you in a written hardcopy.
Members may choose to opt-in to receive certain promotional emails from our Company. Members may at times exercise their option to stop receiving these emails, whether wholly or in part by selecting the “Unsubscribe” link at the bottom of these promotional emails. Members are not required to opt-in to promotion emails in order to remain a Member of the Service.
LICENSE TO USE WEBSITE
Subject to your compliance with these Terms, you are granted a personal, non-commercial, worldwide, non-transferable, non-exclusive, non-sublicensable, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Service provided by the Site. This limited license to access the Content on our Site and Service is available on a streaming-only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performance. This limited license does not include any resale or commercial use of the Service, or its contents, or any derivative use of its contents. This limited license does not include any right to download, copy, or otherwise use account information for the benefit of any third-party. This limited license does not permit any data mining, or use of robots, or similar data gathering and extraction tools. No part of our Site or Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our Company. All rights not expressly granted to you in these Terms are reserved and retained by our Company
USE OF THIRD-PARTY PAYMENT SERVICES
This Site contains certain services and functions provided by Third Parties, such as, but not limited to, payment sites for credit card processing, e.g. Stripe. To help provide these services and functions, Members and Users agree that the Company may share their information to Third-Parties as needed to provide such services and functions. Your use of these third-party services may be subject to the separate policies, terms of services, and fees of these third-party payment processors.
THIRD-PARTY EXTERNAL WEBSITES & THIRD-PARTY APPLICATIONS
The Site may provide links to other sites for your convenience. These other sites are maintained by Third-Parties over which the Company exercises no control. The appearance of any such Third-Party links is not intended to endorse any particular company or product. If you decide to access any of the Third-Party sites linked to the Site, you do so entirely by your own choice and at your own risk.
While using our Service, you may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (the “Application(s)”) that interact and connect with our Service. These Applications may import data related to your Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and our Company is not responsible for such Application. These Applications are owned and operated by third-parties that are not related with or sponsored by our Company and may not be authorized for use with our Service in all countries. If you decide to access any of these Applications, you do so entirely by your own choice and at your own risk.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. The Company shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
You agree that you are solely responsible for your interactions with any other user in connection with the Service. Our Company will have no liability or responsibility with respect to any user disputes. Our Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GIFTS & PROMOTIONS
Our Company may offer Gift Subscriptions for purchase on our Site. Your Payment Method will be charged for any purchased Gift Subscriptions. Gift Subscription Purchases are subject to these Terms.
Our Site may offer Promotions, Promotional Rates, and Promotional Codes from time to time. These Promotions may be redeemed on our Site. Promotions can only be used once and cannot be redeemed for cash, resold, or combined with any other offers, including any free trials. If you received a Promotion through an offer by a third party, additional restrictions may apply.
Our Company may elect to provide Account support services or other assistance in connection with your Account. The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion. If our Company makes available or otherwise provides Customer Service, then such Customer Service will be considered part of our Services for purposes of these Terms of Service, including any and all restrictions disclaimers, and limitation therein.
If Members have general questions, our Site maintains a “Frequently Asked Questions” (FAQ) section that is available for common question topics, and provides answers and assistance to Members. If you cannot find a specific question and answer in our FAQ section, you may reach out to us via email here. In addition, you can visit our Facebook page here, where you may find additional information.
USE OF INFORMATION SUBMITTED
Our Company is free to use any comments, suggestions, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (the “Feedback”). This Feedback may include, but is not limited to, responses to emails, surveys, questionnaires or through postings to the Site or other interfaces. You agree that any Feedback provided is deemed non-confidential, and our Company will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, including, but not limited to, developing, manufacturing and marketing products and creating, modifying, or improving the Service. You agree that the Company may use this Feedback without further compensation, acknowledgment or payment to you.
In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note that our Company does not accept unsolicited materials, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send us any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against our Company and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.
You acknowledge and agree that the Service contains original content or features (the “Service Content”) that are or may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws, e.g., The Paul Franklin Method ©. Except as expressly authorized by our Company, you agree not to modify, copy, frame, screen-scrape, rent, lease, loan, sell, record, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to any of your own User Content that we may permit you to legally upload to the Service. Most particularly, users and Members may not screen-scrape our content, film any of our content with a phone, camera, video recording device, or otherwise copy any of our Site’s content in any way. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials provided via our Site. Members only have permission to only log into our Site with their Account to access and watch our original Service Content. Members are allowed unlimited viewing.
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by our Company from access to the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address, or VPN). Any use of our Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith are the property of Modern Music Masters, Inc., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by our Company.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATIONS
(A) Notification of Infringement
Our Company takes copyright infringement seriously, and it is our policy to respond to all clear notices we receive that comply with the Digital Millennium Copyright Act (DCMA). If you are a copyright owner or an agent acting on behalf of a copyright owner, and you believe any content being hosted our Site is infringing on your copyright, then you may submit a notification to us pursuant to the DMCA. Pursuant to 17 USC Section 512(c)(3), your notification should be a written communication, and your notification you should include the following information:
• 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 on our Site are coved by a single notification, a representative list of such works at our 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 person our Company to locate the material
• Information reasonable sufficient to permit our Company to contact you, such as an address, telephone number, and if available, an electronic mail address with you may be contacted
• 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 owners, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under 17 USC 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please submit all written DMCA Notifications here:
Modern Music Masters, Inc.
P.O. Box 120
Kingston Springs, Tennessee 37082
If you believe that your User Content that was removed, or to which access was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Company:
• You physical or electronic signature
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• A statement that you have a good faith believe that the content was removed or disabled as a result of a mistake or misidentification of the content
• Your name, address, telephone number, and electronic mail address, a statement that you consent to the jurisdiction of the federal court located within Tennessee
• A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Company, we will send a copy to the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or User, the removed content may be replaced, or access to it may be restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
(C) Repeat Infringer Policy
In addition to investigating all alleged copyright infringements, our Company will promptly terminate without notice any Accounts of our Members who are determined to be ‘Repeat Infringers’ of other’s copyright protected works. A Repeat Infringer includes, without limitation, a user who has been notified by our Company of infringing activity violations more than twice and/or who has had the Content removed from the Site more than twice. Our Company, at our sole discretion, may also limit access to the Site’s Services and/or terminate the Account of any Member or user who infringes on any intellectual property rights of others, whether or not there is any repeat infringement.
ENFORCEMENT OF ACCEPTABLE USE POLICY
The Company reserves the right to review and investigate your use of the Site and to take any appropriate action against you that is determined to be necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, users, Service Members, or a third party. Such action may include, but is not limited to, suspending or terminating your user account, banning your use of our Site, initiating legal proceedings to recover any losses incurred as a result of your violation of these Terms, and reporting you to law enforcement authorities.
OUR COMPANY’S SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE AND SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, QUALITY, SATISFATION, AND NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENTS, OR THE SERVICE WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, LEGAL OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
OUR COMPANY DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM OR APPLICATION SOFTWARE) WITH ANY OFF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH, OR COMPATIBILITY WITH ANY DEVICE OR OUR SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY USE RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM.
IF YOU USE THIS SITE AND SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DO SO AT YOUR OWN AND SOLE RISK. THE COMPANY ASSUMES NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
OUR COMPANY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED; OR (VI) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
NEITHER OUR COMPANY NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANT WHATSOEVER THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFICATIONS; (II) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRASNFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (III) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE; OR (IV) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
IN ORDER TO ACCESS AND USE OUR SERVICES, YOU MUST HAVE A BROADBAND, WIRELESS OR SIMILAR INTERNET CONNECTION, AND YOU WILL NEED TO OBTAIN SUCH INTERNET CONNECTION FROM A THIRD-PARTY INTERNET PROVIDER OR SIMILAR WIRELESS SERVICE PROVIDER AT YOUR SOLE COST AND EXPENSE. (“INTERNET CONNECTIVITY”)
OUR COMPANY MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTIVITY FOR USE WITH OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT OUR COMPANY WILL HAVE NO RESONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND OUR COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABLITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S).
IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN AND MAINTAIN THE INTERNET CONNECTIVITY NECESSARY TO ACCESS AND USE OUR SERVICES. MOEDERN MUSIC MASTERS IS NOT RESPONSIBLE FOR YOUR INTERNET CONNECTIVEITY, OR THE AMOUNT OF DATA CONSUMED BY YOU IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES. THE TIME IT TAKES TO ACCESS AND USE ANY OF OUR SERVICES (EG. WATCHING OUR STREAMING VIDEOS) WILL VARY BASED ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO, YOUR LOCATION, YOUR INTERNET CONNECTIVITY, THE AVAILABLE BANDWIDTH AT THE TIME OF YOUR REQUEST, THE FORMAT OF OUR SERVICES YOU ARE ATTEMPTING TO ACCESS, THE DEVICE(S) YOU USE TO ACCESS OUR SERVICES, AND OTHER FACTORS OUTSIDE OF OUR CONTROL
WHEN ACCESSING OR USING OUR SERVICES, YOU AGREE TO LOOK SOLELY TO THE ENTITY THAT PROVIDES YOUR INTERNET CONNECTION FOR ANY ISSUES RELATED TO SUCH CONNECTION AND/OR ITS COMPATIBILITY WITH, OR SUFFICIENCY FOR ACCESSING AND USE OF, ANY OF OUR SERVICES.
OUR VIDEOS ARE OFFERED IN MORE THAN ONE BITRATE FORMAT. THE HIGHER THE BITRATE, THE BETTER THE QUALITY OF VIEWING EXPERIENCE. THE VIDEO PLAYER WILL ATTEMPT TO SELECT AN OPTIMUM QUALITY GIVEN YOUR CONNECTIVITY CAPACITY, BUT YOU CAN ALSO SELECT YOUR OWN DESIRED QUALITY FROM THE VERSIONS OFFERED. THESE WILL AFFECT THE DATA BANDWIDTH YOU USE. YOU ARE SOLELY RESPONSIBLE FOR ANY CHARGES YOUR INTERNET SERVICE PROVIDER MAY APPLY. MODERN MUSIC MASTERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SPEED OR QUALITY OF YOUR WATCHING EXPERIENCE ON YOUR OR ANY DEVICE, AND RESERVES THE RIGHT TO CHANGE OUR SERVICES (EG. THE FORMAT) BASED ON SPECIFICATIONS OF YOUR INTERNET CONNECTIVITY.
PLEASE BE AWARE THAT CERTAIN ASPECTS OF OUR SERVICE MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (EG. USAGE IN DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
OUR COMPANY MAY RECOMMEND OR LIST THE NAMES OF CERTAIN DEVICES PERMITTED FOR USE WITH CERTAIN ASPECTS OF OUR SERVICES, BUT YOU HEREBY AGREE AND UNDERSTAND THAT OUR COMPANY DOES NOT TAKE ANY RESPONSBILITY WHATSOEVER FOR AND OUR COMPANY DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES. YOU MAY ONLY USE OUR SERVICES ON PERMITTED DEVICES
YOU AGREE THAT OUR COMPANY HAS NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLMENT ANY SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR ANY OTHER AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, AS A RESULT OF ANY CHANGE TO OUR SERVICE(S).
ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT ACCESSED, STREAMED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY OR DEVICES IN CONNECTION WITH SUCH ACTIONS.
NO DATA, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR COMPANY OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING OR ARISING FROM (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE COMPANY’S LIABILITY, IF ANY, ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT WHICH HAS BEEN PAID TO THE COMPANY FOR THE SIX MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CLAIM ARISES. YOU AGREE THAT OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, AND LICENCORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICE. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENCORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to indemnify, defend, and hold harmless Modern Music Masters, Inc. and its subsidiaries, offices, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from and against all losses, liabilities, expenses, damages, and costs, including but not limited to, reasonable attorney’s fees, resulting from any violation of these Terms by you or any harm you may cause to anyone, or from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Service. The Company reserves the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims and disputes, and you agree not to settle any such claims or disputes without our prior written consent. The Company will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
EVENT OF FORCE MAJEURE
Failure of Company to comply with the standard operations of this Service, if occasioned in whole or in part by an “Event of Force Majeure” shall be excused by the Member. In the situation where an Event of Force Majeure occurs, all Members agree that our Company shall have no obligation to perform the Service or any of its functions. Our Company shall have no liability whatsoever arising out of and in connection with any Event of Force Majeure as defined below.
Under these Terms, an “Event of Force Majeure” means any event completely beyond the control of the Company, that the Company could not have prevented consequences, that can occur with or without human intervention, and could not have reasonably been foreseen by either party, which ultimately prevents the Company from complying with its obligations.
An “Event of Force Majeure” can include any of the following, without limitation: (1) Acts of God, such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, hurricanes, tornadoes, or other adverse weather conditions, (2) Civil Unrest, such as Wars (whether formally declared or not), riots, rebellions, revolution, civil insurrection, sabotage, acts or threats of terrorism, including cyber terrorism, and (3) Labor Issues, such as strikes, movements, staff or supply shortages. This list is non-exclusive, and may include other reasonable events that would likely qualify as such under any of these categories.
If we send you notice by mail, it will be considered given the day after it is deposited in the US mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Account email, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records.
Unless otherwise specified in these Terms of Service, any notice required or permitted to be given by you under these Terms of Service must be in writing and sent to Modern Music Masters Inc., at the address listed in the Contact section of these Terms, found here. Notice must be sent by certified mail-return receipt, and will be deemed given only when such notice is signed for and received by us at the address indicated above. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Account.
These Terms represent the entire and exclusive agreement between you and Modern Music Masters, Inc. regarding your use of the Site and Service, superseding and replacing all previous agreements, whether written or oral. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner, or affiliate services, use of Third-Party resources, or any purchases you may make through the Site. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
WAIVER & SEVERABILITY
Modern Music Masters, Inc. has a right to enforce any and all of these Terms. The Company’s failure to enforce any right or provision described in these Terms will NOT operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms. However, the remaining provisions will continue to be valid and enforceable according to the intentions of the Company and User or Service Member, and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision if would become valid or enforceable, then such provision will be deemed to be written, construed, or enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempt to do so will be null and void. Company may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
GOVERNING LAW & VENUE
These terms shall be governed by, and will be construed under, the laws of the state of Tennessee, and the United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Tennessee, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to your agreement to these Terms. You agree that regardless of any law to the contrary, any claim, dispute or cause of action by you arising out of or related to our Services pursuant to these Terms must be filed within 1 year following the date on which such claim, dispute or cause of action arose; and if not filed within such 1-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), disputes, or other cause(s) of action.
The section titles and paragraph headings in these Terms are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes” or “including” set forth in these Terms are by way of example only and will be interpreted as non-limiting. Any reference in these Terms to the singular form of a work will include the plural form of the word, if applicable, any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these Terms, unless specified as a ‘business day’ means a calendar day. For the purposes of these Terms, a ‘business day’ means a weekday (other than a Saturday or Sunday) excluding any national (US) holiday.
Any provision of these Terms that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Account, Subscription Plan Services and/or other Services or your agreement to these Terms will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, limitations of liability and disclaimers.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MMM AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MMM.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. BE AWARE – ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL
You agree you will notify our Company in writing of any dispute within thirty (30) days of when it arises, and our Company will agree to do the same. Notices to our Company should be sent in accordance with the Notice section of these Terms. Our Company will send any such notices to the email account you provided. You agree that you will attempt to seek informal resolution with our Company prior to any demand for arbitration, and our Company will agree to do the same.
Any arbitration proceeding that becomes necessary shall take place in the state of Tennessee, city of Nashville. Both parties agree to select an arbitrator who is a licensed attorney in Tennessee, and who has been licensed in such state for a minimum of five (5) years as an attorney. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Whether the dispute is heard in arbitration or is somehow effectively removed to court, you and our Company will not commence against the other a class action, class arbitration, or other representative action or proceeding.
TABLE OF CONTENTS
OUR POLICY – OVERVIEW
COLLECTION OF PERSONAL INFORMATION & OTHER DATA
(1) Personal Information – (also known as “Personally Identifiable Information”)
a. Collection of Personal Information. Our Company may collect information on website users and Service Members, whether via online, by phone, or by paper submission, that identifies each user and Service Member who may access our site. We may ask you to provide such personal information to our site when you directly interact with our site, including but not limited to, applying for a membership account to our Service, purchasing a Membership Subscription, using our Services, viewing our website content, and engaging with or otherwise interacting in similar ways with our website.
b. Types of Personal Information Collected. The types of Personal Information our website collects may include: your full legal name, home address, mailing address, home phone number, work phone number, mobile phone number, preferred email address, birth date, age, gender, billing information, shipping information, debit and credit card information, or other financial account information. This list is non-exhaustive.
c. Other Unique Identifiers. Our website also collects unique identifiers from each Service Member, including, but not limited to, their self-created User ID / Login credentials, their assigned Service Member account number, and their account password.
(2) Non-Personal Information – (also known as a “Non-Identifiable Information”)
a. When you interact with our website through using any of our services or viewing any of our content, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Our company may store such information itself or such information may be included in databases owned and maintained by our company affiliates, agents, or service providers.
(3) Aggregated Personal Data
a. Basics of Data Aggregation. Data aggregation is any process in which information is gathered and expressed in a summary form, for purpose such as statistical analysis. A common aggregation purpose is to get more information about particular groups based on specific variables.
b. Collection of Aggregated Personal Data. In an ongoing effort to understand and better serve our Service Members, our Company may conduct research on its user demographics, interests, and behaviors based on Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and our company may share this aggregate data with its affiliates, agents, and business partners. This aggregate information does not identify Service Members personally. Our Company may also disclose aggregate user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
USE OF PERSONAL INFORMATION
We will use the information we collect from you to do the following:
• Set-up, create, and register your Member Account
• Process payments relating to the Service Plan selected
• Manage and fulfil purchase orders and to provide responses to questions about Service(s)
• Deal with your questions, enquiries and requests
• Send service-related communications, including announcements and administrative messages such as order confirmation or billing invoice;
• Send you marketing communications via emails relating to us, our Service(s), and other third-party partners in accordance with your communications preferences
• Conduct market research so that we can continuously improve the services we provide to our customers
• Prevent fraud and other prohibited or illegal activities and as part of our efforts to keep our Websites secure;
• Understand how our Website is used so that we can continuously improve our Platform and services and other offerings.
This list is non-exhaustive, and serves to provide a general overview of the main and most common uses of personal information provided to us.
DISCLOSURE OF PERSONAL INFORMATION
Modern Music Masters, Inc. does not sell your Personal Information. Our Company does not and will not share any information that can identify you personally with third-parties for their marketing or promotional uses without your consent. However, there may be certain circumstances in which we may share your Personal Information. Those may include the following:
(2) Legal Requirements. There may be instances when our Company may disclose your Personal Information without providing you the ability to choose to opt out. For instance, our Company may disclose your Personal Information and Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the legal process, US state and federal laws, or other applicable laws, or to respond to a court order, judicial or government request, subpoena, or warrant in a manner as legally required (ii) enforce our Terms of Service, (iii) protect the rights, property, or personal safety of our Company, its users, or the public, or (iv) protect our Company against potential legal liability or from fraudulent, abusive, or unlawful uses, or to defend ourselves against third-party claims, or allegations.
(3) Reports or Complaints of Violations of User Legal Rights. If you notify us that you believe you legal rights have been violated by our Company or by another user of our Service, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity that uploaded, stored, or transmitted the material addressed by the complaint.
CHOICE TO OPT-OUT OF CERTAIN COMMUNICATIONS
You can manage your Member Profile and email preferences, including opting out of certain emails and communications. You may choose to stop receiving our selected communications, including newsletters or marketing emails by following the “Unsubscribe” instructions included in these emails, or you can contact us here to opt-out of such communications.
The security of your personal information is important to us. Modern Music Masters, Inc. follows generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. Our Company implements commercially reasonable security measures to help protect against unauthorized access, alteration, misuse, disclosure, or destruction of Personal Information and data,
Unfortunately, however, despite security precautions in place, no data transmission over the Internet can be guaranteed to be 100% secure, and no internet or email transmission is assured to be fully error free. Accordingly, our Company cannot guarantee or warrant the security of any information you transmit to us, or to or from our Website, and you do so at your own risk. Therefore, you should take precautions in deciding what information you send to our Company via email or through our Website. Keep this in mind when disclosing any Personal Information and data to our Company via the internet.
If the Company learns of any security breach to the Site, or learns that any collected personal information has been comprised, the Company will comply with all relevant laws to notify affected Members of such occurrence.
When fulfilling service requests initiated by you, the Company may provide / share your Personal Information and Data to companies that provide services to help us perform business functions. Such business functions may include, but are not limited to, processing your subscription payment, or offering customer service support.
In order to provide our Service, we may provide such information to trusted third-parties, including, but not limited to, selected third-party marketers and vendors as well as third-party contractors providing services to the Company, for the operation of the website.
Your email address will only be shared with our Company’s mailing partners for the purpose of sending third-party email communications. These emails will be sent from Modern Music Masters, Inc. and will be easily identifiable. Our Company will use commercially reasonable efforts to limit the use of such information by such third-parties to the specific uses set forth here.
Our Company also utilizes electronic and physical security to reduce the risk of improper access to or manipulation of such information during transmission and storage, but cannot guarantee the security or integrity of such information. If you are having trouble logging into your account or need a new password, we can only contact you via the email address associated with your account. We will never give your password out over the phone. This means it is important that the email address you provide is valid and will not block emails from the Company.
The Company may contact you with a particular product offering of interest on our own behalf or on the behalf of third party business partners. In such cases, your Personal Information and Data (ie. email, name, address, telephone number, etc.) will NOT be transferred to the third party without your explicit consent. In addition, the Company may share data with trusted partners to help us perform statistical analysis, send you emails, or postal mail, or provide customer support. All such third parties are prohibited from using your personal information except to provide these services to our Company, and they are required to maintain the confidentiality of your information.
USER ID & PASSWORD
Certain areas of this site may require the use of a user ID, which will consist of the email address used to set up your Member Account, and a password (“Login Credentials”). These Login Credentials serve to provide additional security measure that helps protect your information. To help you protect your privacy, the Site uses tools to help you log in and log out safely and securely.
USE OF THIRD-PARTY PAYMENT SERVICES
Our company uses third party payment services for processing payments. When using the third-party payment services, their privacy policies and security practices will apply to your information. We encourage you to read their privacy statement before providing your information.
LINKING TO OTHER INTERNET SITES
As per our Terms of Service, you must be the age of 18 or older to become a Service Member.
Please note, this Website is not directed at anyone who we know to be under the age of 13, and our Company does not knowingly or intentionally collect or maintain personal information or data from children who we know to be under the age of 13. If you are under the age of 13, you should not use this website, and should not submit any personal information to us.
For more information regarding the Children’s Online Privacy Protection Act (COPPA), please refer to the full federal statute, 15 USC 6501 HERE.
CALIFORNIA PRIVACY RIGHTS
For more information for CA residents regarding their rights, please refer to the CA Civil Code Section 1798.82 HERE.
Many websites or web applications can track your internet browsing history and behavior to better tailor suggestions and information to you. “Do Not Track” (DNT) is a privacy preference that allows users to set their internet browsers to opt out of tracking done by web applications, analytic tools, advertising networks and social platforms.
However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. For instance, third-party websites performing data analytics, such as Google Analytics, may collect personally identifiable information about your online activities over time and across different websites when you visit our website. If you are visiting such sites, and do not wish to have any information collected on you, most internet browsers allow you to set the DNT signal on your browser so that these third-party websites know you do not want to be tracked.
For assistant with using DNT features for common browsers, see the following:
• Modzilla FireFox: https://www.mozilla.org/en-US/firefox/dnt/
• Apple Safari: https://support.apple.com/kb/PH21416?locale=en_US
• Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track
For additional information regarding “Do Not Track” – please refer to the following resource:
COOKIES & OTHER TRACKING TECHNOLOGIES
Before using our Site or registering for our Service, please carefully read the Cookies Policy. The terms of the Cookies Policy are hereby incorporated into these Terms of Service.
Information is available in our Policy regarding a User’s ability to “Opt-Out” of certain Cookies. However, any opt-out settings are set up by the User individually on their own device. Please be aware that opting-out of some or all Cookies may affect some of the features and use of our Site.
Please be aware, if you provide false, inaccurate, or otherwise erroneous or incomplete information to us when setting up your Service Account, then our ability to provide you notices may be limited. It is your responsibility to ensure that the information provided by you and associated with your User Account is accurate, current, and complete at all times that you access our website or use the Services.
ACCESS TO & CORRECTION OF PERSONAL INFORMATION
Our Company wants to provide you with personal access and ability to update, add to, correct, or otherwise modify a variety of information associated with your Membership Account, including all of your preferred contact information. In order to change any of this information, you must be logged into your Membership Account on our Website.
You have the following rights with respect to your information:
To review the user information that you have supplied to us
To request that we correct any errors in user information that you have supplied to us
To request that your user information not be used to contact you
To request that your user information be removed from any mailing lists that we use
To request that your user information be deleted from our database
To opt out of being contacted by us or third parties
We will respond to your request within a reasonable time frame and notify you of the action we have taken. We will inform you if the deletion of certain information will result in your loss of access to a product or service you may have purchased.
In most cases, our Company may and likely will retain previously entered information for some period of time as necessary for our business purposes and/or to comply with legal requirements. If you have difficulty accessing or correcting personal information, or are experiencing issues or technical difficulties with our Website, please contact us via contact information provided below.
For any questions or concerns regarding your account specifically, please communicate with us via the contact information provided below.
To keep your personal data accurate, current and complete, please communicate with us via the contact information provided below.
Per user request, we will take reasonable steps to update or correct Personal Information & Data in our possession that was previously submitted via the website.
Modern Music Masters, Inc.
P.O. Box 120
Kingston Springs TN 37082
Modern Music Masters, Inc. – Cookies Policy
Last updated: NOVEMBER 10, 2017
What are Cookies?
Cookies are text files containing small amounts information that are stored on your internet browser (e.g. Internet Explorer, Google Chrome, Safari, etc.) and allow a website to identify a specific device whenever it logs onto the website. Cookies essentially provide a ‘memory’ for the website, allowing the website to recognize each individual user when they return, which aides in facilitation of a seamless user experience upon each visit. Cookies typically store information such as user login-in credentials and user preferences. Cookies are widely used on most websites.
What Cookies Our Website Uses
When a user accesses our website, we may place a number of cookie files in their internet browser.
There are two broad categories of cookies typically used by websites: (1) First-Party Cookies and (2) Third-Party Cookies. On our Website, we use both of these basic types of cookies.
- First-Party Cookies: These Cookies are served directly from our website to your computer or device. They are used only our Company to recognize your computer or device when its revisits our Website.
- Third-Party Cookies: These Cookies are served by third-party service providers on our Website, and can be used by the service provider to recognize your computer or device when its visits other websites. Third-party cookies are most commonly used for website analytics or advertising purposes.
Cookies can remain on your electronic device for different periods of time. On our website, we use both (1) session cookies and (2) permanent cookies.
- Session Cookies – These cookies exist only while your browser is open to a website. These cookies are deleted automatically once you close your browser.
- Permanent Cookies – These cookies stay downloaded in your browser even after your browser is closed. These cookies can be used to recognize your electronic device when you open your browser and browse the website again.
Our website DOES NOT sell the information collected by cookies to anyone.
How Users Can Opt Out of Having Cookies Placed on Devices
By keeping cookies enabled on your electronic device, it will allow you to take full advantage of all features available on our website. As such, we generally recommend that users leave all cookies enabled. However, users do have the option to opt out of cookies.
It is possible for a user to stop or restrict their browser from accepting cookies, or to stop it from accepting cookies from a particular website. All modern browsers allow a user to change their cookies settings. You can set your cookie preferences by changing your browser settings. This will prohibit cookies from this platform to be placed on your electronic device. These settings can generally be found in the ‘options’ or ‘preferences’ menu of an internet browser.
Please see the following helpful links for managing cookies based on internet browser used.
Microsoft Internet Explorer:
You may also refer to http://www.allaboutcookies.org/manage-cookies/index.html for general information regarding the management of cookies on many commonly used internet browsers.
If you are interested in more information on cookies in general, you may also refer to https://en.wikipedia.org/wiki/HTTP_cookie, which provides a general overview.
Please be aware that if cookies are disabled, not all features of our website may operate as intended. As a result, users may experience decreased functionality of our website.