Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the website located at http://altbloom.com/ (the “Service”), operated by Big MTN Records (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms, which are effective as of the date set forth above. These Terms apply to all visitors, users and others who wish to access or use the Service. If you are accessing or using the Service as an employee or representative of a company or organization, these Terms are binding upon both you individually and that company or organization, and references to “you” or “your” shall apply to you individually and such company or organization.
These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing or using the Service, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children using the Service, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Service is a valuable benefit that you receive by agreeing to, and complying with, these Terms. You may not access or use the Service, and you should discontinue these activities immediately, if you: (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Service by applicable law.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) you use in connection with any Purchase you make; and (ii) the information you supply to us is true, correct and complete.
All Purchases are subject to our acceptance, in our sole discretion. We reserve the right to refuse or cancel your Purchase at any time, whether or not the Purchase has been confirmed, in our sole discretion, and without liability to you or any third party, for any or no reason, including without limitation by reason of: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. If your credit card has already been charged for a Purchase that is subsequently cancelled and not received, a credit shall issue to your credit card account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order and to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are solely responsible for maintaining the security, confidentiality and restricted, authorized use of all user names and identifications, passwords, and access codes to the Service that are in your knowledge, control or possession, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others and require our users to do the same. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized to act on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to our designated copyright agent (“Copyright Agent”) at [firstname.lastname@example.org], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a copyright complaint.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, the DMCA.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
The Service and its original content, features and functionality (collectively, “Service Content”) and all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights therein or thereto, are and will remain the exclusive property of Alt Bloom and its affiliates, service providers, vendors, contractors, sponsors, advertisers, licensors and/or licensees, and each of their respective successors and assigns, as applicable (collectively, the “Alt Bloom Parties”). The Service Content is protected by copyright, trademark, and other laws of both the United States and foreign countries.
You do not acquire any ownership interests in the Service Content, or any trademarks, service marks and/or trade names of the Alt Bloom Parties used on or in connection with the Service, by accessing, browsing or otherwise using the Service. You are permitted to copy and/or print individual pages of the Service for personal, non-commercial purposes. You may not otherwise copy, modify, distribute, transmit, display, perform or create derivative works from the content, information or material on the Service without our permission. Without limitation of the foregoing, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any trademark, service mark and/or trade name displayed on the Service without the owner’s prior written permission.
You warrant and agree that, while accessing or using the Service, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
Links To Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Alt Bloom Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, any time and for any or no reason, including without limitation by reason of a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless the Alt Bloom Parties, and each of their respective employees, contractors, representatives, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (all of the foregoing, collectively, “Claims and Liabilities”), resulting from or arising out of (a) your use and access of the Service or any Service Content, by you or any person using your account and password, (b) your breach of or noncompliance with these Terms, or (c) your violation of any rights of any third party. We will attempt to provide prompt notice to you of any such Claims and Liabilities and we reserve the right to take exclusive control and defense of any claim, action or demand subject to indemnification by you, in which event you agree to cooperate fully with the Alt Bloom Parties in asserting any available defenses.
Limitation Of Liability
IN NO EVENT SHALL THE ALT BLOOM PARTIES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SERVICE AND/OR SERVICE CONTENT, (II) THE DELAY OR INABILITY TO ACCESS OR USE THE SERVICE, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, (IV) ANY INFORMATION, CONTENT, ADVICE, SOFTWARE, GOODS OR SERVICES OBTAINED THROUGH THE SERVICE, AND/OR (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, ALL OF THE FOREGOING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, THE ___________________ PARTIES, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OFFICERS AND/OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT, OR ANY LINE FAILURE.
IF YOU LIVE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE ALT BLOOM PARTIES, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OFFICERS AND/OR DIRECTORS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE ALT BLOOM PARTIES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE (INCLUDING ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE ALT BLOOM PARTIES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OFFICERS AND/OR DIRECTORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICE OR FOR ANY OF YOUR ACTIVITIES ON THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Use By United States Residents
THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE ALT BLOOM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF CONDITION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF THE SERVICE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW.
THE ALT BLOOM PARTIES DO NOT WARRANT THAT THE SERVICE, THE SERVICE CONTENT, ANY SERVERS HOSTING THE SERVICE, OR ANY COMMUNICATION SENT BY OR ON BEHALF OF THE ALT BLOOM PARTIES, ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, DISABLING DEVICES, INACCURACIES, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR REQUIREMENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF THE SERVICE OR ANY SERVICE CONTENT, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR THE SERVICE CONTENT WILL BE CORRECTED. YOU USE AND ACCESS THE SERVICE AND THE SERVICE CONTENT AT YOUR OWN RISK AND DISCRETION. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, BUSINESS OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SERVICE OR YOUR DOWNLOADING OF THE SERVICE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM YOUR ACCESS AND USE OF THE SERVICE AND ANY SERVICE CONTENT, AND FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.
NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF THE ALT BLOOM PARTIES OR THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SERVICE.
Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by us in such signed written waiver.
All matter relating to these Terms, and your access to and/or use of the Service, shall be governed and construed in accordance with the laws of The State of California, United States, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in CA and the related appellate courts, in any related action, dispute or proceeding. Notwithstanding the above sentence, the ALT BLOOM Parties shall have the right to apply for an injunction or other emergency relief in any jurisdiction.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, for any reason at our sole discretion, to modify or replace these Terms at any time and without notice, simply by posting such modifications or revisions on this page. By continuing to access or use our Service after any modifications or revisions are posted, you agree to bound by the modified or revised Terms. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com