Music Roadtrip, LLC
TERMS AND CONDITIONS
LAST UPDATED: JUNE 17, 2026
Welcome to the website of Music Roadtrip, LLC (“Music Roadtrip”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and Music Roadtrip and governs your use of the Services. The “Services” means our website, musicroadtrip.com, and any other website, social media pages, apps, or other digital medium owned or operated by Music Roadtrip (or related companies) (together, the “Site”) and any and all products and services provided to you by Music Roadtrip, including through the above media, by email, mail, or telephonic communications in connection with our Site. By using our Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any other individual, entity, or organization, you represent and warrant you are authorized to bind such other individual, entity, or organization to these Terms.
The Site is operated by Music Roadtrip located at 1910 Madison Ave #2421, Memphis, TN 38104; email: info@musicroadtrip.com. Please contact us at any time with questions about these Terms.
BEFORE ACCESSING THE SERVICES OF MUSIC ROADTRIP, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Representations. BY USING OUR SERVICES, INCLUDING CREATING AN ACCOUNT, SIGNING UP FOR OUR NEWSLETTER, DOWNLOADING ANY APP OR DATA WE MAY OFFER, ENTERING A CONTEST OR SPECIAL EVENT WE OFFER, COMPLETING A PURCHASE WITH US, AND/OR INTERACTING WITH OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND MUSIC ROADTRIP. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SERVICES. By accessing our Services, you represent and warrant that: (a) you have not been previously suspended or removed from the Services; (b) you do not have more than one Account (defined below) with us; and (c) you have the full power and authority to enter into these Terms, either on your own behalf or on behalf of any other individual, entity, or organization.
2. Privacy Policy. By accessing or using our Services, you also acknowledge having read our Privacy Policy available at musicroadtrip.com/privacy[1] , which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).
3. Individual Features. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (“Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, products, or services provided through one or more of our partners or business associates, and you should refer to those before using such. Where separate official rules govern a sweepstakes, contest, or promotion offered by Music Roadtrip, those official rules shall prevail over these Terms to the extent of any conflict between these Terms and such official rules.
4. Modification. We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Services or through other user interfaces, such as the email, address, or phone number you have provided to us; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.
5. Orders and Accounts.
5.1. Account Registration. For some aspects of our Services, such as using the mobile app, you may need to or be able to register an account with us (“Account”). In doing so, or in connection with our Services generally, you may need to provide your first and last name, a valid email address and a password, zip code, the name of your affiliated organization, your role, and details relating to your request. You may also need to represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services. You may also need to provide a valid email address and password or add shipping and billing information to place orders.
5.2. Account Information. All information that you provide to Music Roadtrip or its vendors, agents, associates, or partners, including your payment card or financial account information, is subject to Music Roadtrip’s Privacy Policy [2] and/or the respective third-party privacy policy. You are responsible for keeping your information up to date. Each Account, and the rights and privileges provided to Account holders, is personal and non-transferable. If you make a purchase and/or create an Account with us, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, checkout, and/or registration forms associated with our Site or our vendors for any Account (“Registration Data”); (b) maintain the security of your password and identification as such may be required; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete throughout the duration of any transaction; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized use of information you provide to us, including your Registration Data or of any other breach of security regarding your transactions with us.
5.3. Marketing Communications and Opt-Out. As an Account holder in connection with any transactions with us, you agree to receive emails or texts [3] promoting any special offer(s), including third party offers. We (or our designated provider) may from time to time send you our newsletter and similar communications. For any guest purchaser option, you have the option to agree to receive emails promoting special offer(s), our newsletter, and similar communications. You may opt out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us.
5.3.1. SMS/Text Messaging Terms. By providing your mobile phone number and opting in to receive text messages from Music Roadtrip, you consent to receive recurring automated text messages (including SMS and MMS) from us at the mobile number you provided. Your consent to receive text messages is not a condition of any purchase.
(a) Types of Messages. The types of text messages you may receive include, but are not limited to: notifications regarding music events, order confirmations, shipping and delivery notifications, order-status updates, customer service communications, and, if you separately opt in, promotional offers, discounts, and marketing messages.
(b) Message Frequency. Message frequency varies based on your account activity and the types of messages to which you have subscribed. For transactional messages (e.g., order updates and shipping notifications), you will receive messages as triggered by your orders. For promotional messages, you may receive up to [30] [4] messages per month.
(c) Message and Data Rates. Message and data rates may apply to any text messages you send to or receive from Music Roadtrip. Please contact your wireless carrier for details regarding your messaging plan. Music Rosadtrip is not responsible for any charges assessed by your wireless carrier.
(d) Opt-Out. You may opt out of receiving text messages at any time by replying STOP to any text message you receive from Music Roadtrip. After you send the STOP message, we will send you a final confirmation text to confirm that you have been unsubscribed. After unsubscribing, you will no longer receive text messages from Music Roadtrip unless you re-subscribe. Please note that opting out of text messages does not affect any other communications you may receive from us, such as email.
(e) Help. For help or information regarding our text messaging program, reply HELP to any text message you receive from Music Roadtrip or contact us at info@musicroadtrip.com or (805) 695-3168.[5]
(f) Supported Carriers. Text messaging may not be available on all wireless carriers. Music Roadatrip is not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.
(g) Privacy. Your use of the text messaging program and the information you provide in connection therewith, including your mobile phone number, is subject to our Privacy Policy. We will not sell, rent, or share your mobile phone number or SMS opt-in data or consent with any third parties or affiliates for their own marketing purposes.
5.4. Product and Service Availability. Certain Services may be available exclusively online through the Site. Certain Services may have limited quantities and may be subject to greater restrictions regarding any availability, return, or exchange. We reserve the right, but are not obligated, to limit sales to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions or pricing for Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on our Site is void where prohibited.
5.5. Order Restriction and Cancellations. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer information, the same payment card [or financial account], and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. AI-Generated Content and Chatbot Disclosure. Certain features of our Site or Services may utilize artificial intelligence (“AI”) technologies, including AI-powered chatbots, AI-generated product descriptions, AI-assisted customer support, or AI-generated recommendations. By interacting with these features, you acknowledge that: (a) responses or content may be generated or assisted by AI systems and may not always be accurate, complete, or current; (b) AI-generated content is provided for informational purposes only and does not constitute any form of professional advice; (c) you should independently verify any AI-generated information before relying upon it; and (d) we are not liable for any decisions made based on AI-generated content.
7. Cookie Consent and Tracking Technologies. Our Site may use cookies, web beacons, pixels, local storage, and similar tracking technologies (collectively, “Tracking Technologies”) to enhance your experience, analyze usage, and deliver targeted content. We will not place non-essential Tracking Technologies on your device until you have provided your express, affirmative consent through our cookie consent mechanism. You may withdraw your consent or modify your preferences at any time through our privacy settings. You may opt out of Tracking Technologies used for targeted advertising, sale, or sharing of personal information via our “Do Not Sell or Share My Personal Information” link or by enabling a recognized universal opt-out mechanism such as the Global Privacy Control (GPC). We will honor browser-based opt-out signals where required by applicable law. [6] For more information about our use of Tracking Technologies, please review our Privacy Policy.
8. Electronic Signatures and E-SIGN Consent. By using our Services, you consent to receive agreements, notices, disclosures, and other communications electronically, including via email, text, in-app notifications, or by posting on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, including under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law equivalents. You may withdraw this consent by contacting us at info@musicroadtrip.com, but withdrawal may limit your ability to use certain Services. To receive electronic communications, you will need a device with internet access, a current web browser, and a valid email address.
9. Billing and Payments.
9.1. Pricing and Cancellation. While certain aspects of the Services, such as the basic version of the Music Roadtrip mobile app, are offered free of charge, other aspects of the Services may require payment, such as premium versions of the app or additional feature. The price of all Services is payable in full before delivery. All sales and any other fees are in U.S. dollars. If you wish to cancel or modify a purchase, you may email us at info@musicroadtrip.com;however, any amounts charged to or paid by you prior to such modification or cancellation request may not be refunded and communication may not impact any order for which you have already been charged, depending on the state of the order. It is your responsibility to keep your payment method up-to-date, as well as to cancel your Account (as applicable).
9.2. Updates. We may change the price of, introduce new, or remove Services from time to time and may communicate changes to you in advance. By continuing to use the Site purchase options after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully.
9.3. Third-Party Fulfillment. This Site links to third-party provider websites, such as concert venue websites and ticket vendor websites, which may offer certain products and/or services for sale. All orders placed through those third-party websites are fulfilled by third-party providers. Terms governing fulfillment of such placed orders will be those of the relevant third-party provider and questions and concerns must be addressed directly with those providers. By placing an order through those links, you agree to and will be bound to the terms of the relevant third-party provider.
9.4. Payment Processing. Payment processing for our Services is provided directly by us or by one or more third party payment processors as we may designate from time to time (“Payment Processor”). Music Roadtrip does not retain your payment card information once processed. You can find out more about our privacy practices in our Privacy Policy [7] and more about our Payment Processor’s privacy practices by viewing our Payment Processor’s privacy policy. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your transaction(s) with us and any Services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your transaction, complete your purchase, or to receive any Services.
9.5. Auto-Renewal[8] . Music Roadtrip may offer various subscription memberships. By purchasing a subscription membership, unless otherwise agreed and memorialized in writing, you acknowledge and agree that, unless you cancel as described below, your membership will automatically renew for successive terms (annually or monthly) at the then-current rate using the payment method on file. Prior to charging any renewal, we will provide advance notice to the primary email address associated with your account specifying the renewal data, the renewal term, the amount to be charged, and instructions for cancellation or adjustment. Your authorization remains in effect until you cancel. You may be able to cancel your membership or turn off automatic renewal by logging into your account and adjusting your membership settings, or by contracting us using the methods below. If you cancel before the renewal date, your membership will remain active through the end of the then-current term and you will not be charged for the subsequent term. Unless required by applicable law or our posted refund policy, fees for the current term are nonrefundable and no partial or prorated refunds will be issued for unused time. We may update membership pricing or terms on a prospective basis. If we make material changes that affect your renewal, we will notify you in advance and provide instructions on how to cancel or manage your membership before the changes take effect. You are responsible for ensuring your contact and payment information details are accurate and up to date. If a renewal charge is declined, we may attempt to process the charge again and may contact you for updated payment details. Failure to update payment information may result in suspension or termination of membership benefits. For questions, to cancel, or to request adjustments to your membership, please contact us at info@musicroadtrip.com.
9.6. Gift Cards, eGift Cards, and Coupons. Gift cards and eGift cards may be issued by Music Roadtrip and may be purchased for personal use or as gifts. eGift cards are delivered via email to the recipient and may be printed at home for hand delivery. eGift cards are redeemable online only. All gift cards and eGift cards are deemed purchased in and issued from the State of Tennessee. Risk of loss and title passes to the purchaser upon electronic delivery to the carrier, as applicable. Gift cards and eGift cards cannot be redeemed for cash except where required by law and do not carry expiration dates or dormancy fees. Coupons may be offered from time to time under certain conditions and at Music Roadtrip’s sole discretion.
10. Age-Gated Products or Locations. The Services may include suggested events or itineraries involving locations that serve alcohol and are age-restricted to enter. You must be at least the legal drinking age in your jurisdiction to access such locations suggested in the Services. We do not direct any of our content at persons under the legal drinking age.
11. Consent to Website Monitoring. By using this Website, Mobile Application, and the Services, you acknowledge that certain pages may employ tools that record your interactions, including chat functionality, search queries, mouse movements and clicks, form-field entries, scrolling behavior, and geographic location data. These tools are used for the purposes of improving user experience, troubleshooting technical issues, analytics, quality assurance, and fraud prevention. These tools are operated by us or third-party service providers. We will not activate session replay, keystroke capture, or similar real-time recording technologies on any page until you have provided your express, affirmative consent through a prominent consent banner. You may withdraw your consent at any time by contacting info@musicroadtrip.com.
12. Communications.
12.1. Consent to Communications. By providing your telephone number and/or opting in to receive communications from us, you expressly consent to receive informational, transactional, marketing, promotional text messages (SMS/MMS) or push notifications from Music Roadtip at the telephone number(s) you have provided, including through the use of artificial intelligence–assisted messaging technology. Message and data rates may apply.
12.2. Consent Is Not a Condition of Purchase. Your consent to receive marketing and promotional communications is not a condition of any purchase or enrollment. You may revoke your consent to receive all marketing communications at any time by: replying with any of the following keywords: STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE; calling us at (805) 695-3168; emailing us at info@musicroadtrip.com; or any other reasonable means. We will process your opt-out request within 10 business days and apply it across all of our communication platforms. Following your opt-out, you may receive a one-time confirmation message.
13. International Access. The Services may be accessed from countries other than the United States. However, at this time, Services outside the continental United States and U.S. territories may be limited. If you access and use our Services outside the United States, you are responsible for complying with your local laws and regulations, and you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law. We make no representation that any part of our Services are appropriate or available for use in other locations.
14. Ownership; Proprietary Rights. The Site is owned and operated by Music Roadtrip. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Site, and all other offerings and elements thereof that are provided by Music Roadtrip (“Music Roadtrip Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Music Roadtrip Materials are the proprietary property of Music Roadtrip Corporation or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the products or services offered are the property of their respective owners. Users may not download, use, export, or re-export any content posted including any Music Roadtrip Materials utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls. Except as expressly authorized by Music Roadtrip, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the Music Roadtrip Materials. Prior written permission to use, reproduce, or reprint any of the Music Roadtrip Materials (or portion thereof) or other information or materials used for the Services must be obtained from the owner for any commercial use. Any unauthorized use of the Music Roadtrip Materials may be in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Notwithstanding the foregoing, and to the fullest extent permitted by applicable law, nothing in these Terms is intended to, nor shall it be construed to, restrict or prohibit lawful, non‑commercial consumer speech, including honest opinions, reviews, commentary, feedback, or complaints regarding Music Roadtrip’s products or services, and nothing these Terms waives or limits any consumer rights under California Civil Code 1670.8, and consumers retain their right to make public statements—both positive and negative—about their experiences with Music Roadtrip. Music Roadtrip may request correction or removal of content that is demonstrably false, infringing, or unlawful, but shall not seek to penalize or suppress lawful, non‑commercial consumer opinions or experiences expressed in good faith. The provisions of this Section shall be interpreted consistently with applicable consumer protection laws and shall survive termination of these Terms. To notify Music Roadtrip of any suspected infringement of copyright, trademark, or other rights, please see the information contained herein regarding the Digital Millennium Copyright Act (“DMCA”) procedures, and contact us at info@musicroadtrip.com.
15. Accessibility Statement.
15.1. ADA. Music Roadtrip is committed to ensuring that our Website, Mobile Application, and Services are accessible to all users, including individuals with disabilities. We endeavor to comply with the Web Content Accessibility Guidelines (WCAG).
15.2. Accessibility Feedback. If you experience difficulty accessing any content or functionality on our Website or Mobile Application, please contact [our accessibility coordinator / us] at [insert accessibility contact email] or [insert phone number / TTY/TDD number], [9] and we will make commercially reasonable efforts to provide the information or service you need in an accessible format.
15.3. European Accessibility Act (EAA). For users in the European Union, we are committed to meeting the accessibility requirements of the European Accessibility Act (EAA), which aligns with WCAG 2.1 Level AA.
15.4. Accessible Canada Act (ACA). For users in Canada, we endeavor to comply with the Accessible Canada Act (ACA) as applicable.
15.5. Disclaimer. While we strive to maintain an accessible Website and Mobile Application, we cannot guarantee that every page or feature will be fully accessible at all times. We are committed to continuous improvement and welcome feedback from our users.
16. Errors, Inaccuracies, and Omissions. Occasionally, there may be information provided via the Services that contains errors, inaccuracies, distortions, or omissions that may relate to product descriptions, displays, pricing, promotions, offers, and availability of Services. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. For suggested events, locations, or itineraries in the Services, we obtain such information from third parties, including those third parties operating such events and locations and we cannot guarantee the accuracy thereof. You are encouraged to independently verify all information provided to you in the Services before making any decisions or purchases. The Music Roadtrip Materials should never be relied upon as the sole basis for making any decisions to purchase Services from Music Roadtrip or any third party. No information contained on the Site should be taken as a recommendation to buy, sell, or hold the shares of any Music Roadtrip entity or related company. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the Music Roadtrip Materials. Any reliance on the Music Roadtrip Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, distortions, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
17. Third Party Sites. These Terms apply to our Services. Our Services may include content, advertisements, or links that allow you to view or access web sites or other online services or materials that are owned and operated by third parties. These links may also allow you to access our Services through a third-party account. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned via our Services and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions or interest in Third-Party Sites mentioned via our Services. You acknowledge and agree that Music Roadtrip (and its owners, officers, employees, and agents) is not responsible and shall have no liability for the content of such third-party sites, and products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
18. Third-Party Services. The Site may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), such as to pay for products through a Third-Party Service, pursuant to agreements between Music Roadtrip and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Music Roadtrip does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that Music Roadtrip is not responsible and shall have no liability for the content of such third-party sites, products, or services made available through them, or your use or interaction with them. You should review the terms and conditions of any linked websites carefully.
19. Third-Party Liability. OUR SERVICES, WEBSITE, AND MOBILE APPLICATION MAY SUGGEST CERTAIN EVENTS, LOCATIONS, AND ITINERARIES THAT INVOLVE LOCATIONS OR SITUATIONS THAT MAY PRESENT A RISK TO YOU OF HARM OR INJURY. FOR EXAMPLE, (I) SOME LOCATIONS LIKE MUSIC VENUES MAY BE LOCATED IN AREAS WITH A HISTORIC PRESENCE OF CRIME AND THE HOURS OF CERTAIN EVENTS MAY PLACE YOU IN DANGEROUS AREAS DURING DANGEROUS HOURS OF THE NIGHT OR DAY; (II) SOME LOCATIONS MAY NOT BE ACCESSIBLE TO PERSONS WITH DISABILITIES; AND (III) SOME LOCATIONS MAY BE IN COUNTRIES WHERE THERE ARE TRAVEL ADVISORIES OR TRAVEL BANS. BY CHOOSING TO USE THE SERVICES AND CHOOSING WHAT SUGGESTIONS IN THE SERVICES TO ACT UPON, YOU THEREBY VOLUNTARILY ASSUME ALL RISK AND LIABILITY THEREFROM, INCLUDING, WITHOUT LIMITATION, TRAVEL EXPENSES, TICKET EXPENSES, PROPERTY DAMAGE, LOSSES RESULTING FROM CANCELLATIONS OR INACCURACIES, AND ANY PHYSICAL OR EMOTIONAL HARM, INCLUDING DEATH. IN ADDITION TO ANY OTHER DISCLAIMERS OF LIABILITY INCLUDED HEREIN, MUSIC ROADTRIP DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATING TO THIRD PARTIES.
20. Prohibited Uses.
20.1. General Restrictions. As a condition of your use of the Site, Music Roadtrip Materials, or our Services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the Music Roadtrip Materials, Services, or the Site from locations where such access is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy. Except as expressly permitted by Music Roadtrip, any use of any of the Music Roadtrip Materials for unauthorized or commercial purposes is strictly prohibited.
20.2. Site Security and Interference. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other’s use of the Site or our Services. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain via the Services or Music Roadtrip Materials any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site or our Services. Any resale or commercial use of the Site, Music Roadtrip Materials, or our Services is prohibited, as is the distribution, public performance, or public display of any Music Roadtrip Materials; the sending of any junk or unsolicited mail to other users of the Site, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site; and any use of our Site, Music Roadtrip Materials, or Services, other than for their intended purpose.
20.3. Robots, Scraping, and AI Training Prohibition. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other manual or automated device, tool, process, means, or interface not expressly authorized by us to data mine, access, interfere with, or scrape the Site or our Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or our Services.
20.4. Framing, Metatags, and Deep-Linking. You may not utilize framing techniques to enclose any trademark, logo, or other Music Roadtrip Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing Music Roadtrip’s name or trademarks without our prior, express, written consent. You may not deep-link to the Site and shall upon notice from Music Roadtrip promptly remove any links to Music Roadtrip Materials that Music Roadtrip finds objectionable in its sole discretion. You may not use any Music Roadtrip logos, graphics, or trademarks as part of the link without our prior, express, written consent.
20.5. Unauthorized Use; AI and Machine Learning. You may not use the Services or Music Roadtrip Materials for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms. Any use of our Site, Music Roadtrip Materials, or Services other than as specifically authorized in these Terms, without our express, prior, written permission, including inclusion in automated decision-making technology, machine learning, training, profiling tools, and/or artificial intelligence (“AI”), is strictly prohibited and, without limiting any other right or remedy Music Roadtrip (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) may have, will immediately terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Upon notice from Music Roadtrip, you agree to promptly remove any links or content associated with our Site or Services that we find objectionable in our sole discretion. We have the right to terminate the access, orders and/or Accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
20.6. Equitable Relief. You hereby acknowledge that any breach of your obligations in this Section 20 (Prohibited Uses) would cause us irreparable harm for which we have no adequate remedies at law. Accordingly, you agree that we are entitled to specific performance and/or injunctive relief for any such breach, without posting a bond or proving actual damages, and without prejudice to any other remedies that may be available to us.
21. Information. In order to access certain aspects of the Site or our Services, you may be required to create an Account and/or provide specific information. All information you submit, including Registration Data, must be truthful. Any Account access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Registration Data and/or Account (if any) and access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
22. User Communications.
22.1. Internet Connectivity and Service Provider Disclaimer. Use of the Services requires an internet connection and may result in charges from your cellular or internet service provider(s). Music Roadtrip is not responsible for any such charges, nor for any disruption, failure, or malfunction of the internet or other service providers, or for any other situation or event outside Music Roadtrip’s direct control. Music Roadtrip (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.
22.2. Consent to Electronic Communications. Under these Terms, including in connection with any Account, you consent to receive communications from Music Roadtrip electronically, including via email and/or texts, subject to the SMS/Text Messaging Terms herein. Such communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information or notices), and you should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
22.3. User Content Standards. Our Services, including social media pages or sites connected to Music Roadtrip, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any of the following:
· User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
· User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any other or that would any local, state, national, or international law;
· User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any other;
· User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;
· User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
· User Content that is spam, is machine-, AI-, or randomly-generated, or contains unethical or unwanted or irrelevant (in our sole discretion) commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
· User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
· User Content that attempts to or does disrupt the Site or Services.
22.4. Interactive Services and Moderation. We may from time to time provide interactive Services, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive Service we offer by a user in contravention of our content standards, whether the service is moderated or not.
23. Mobile App.
23.1. Music Roadtrip may provide Services through a mobile app (the “App”), including, but not limited to, an App developed for the Apple Inc. (“Apple”) and Alphabet Inc. (“Android” or “Google”) mobile platforms. The App is considered an extension of the Site, is included in the definition of such, as is subject to these Terms, along with any content contained therein. The App may collect Personal Information from you, including personal geographic location data. Please refer to the Privacy Policy for how we handle such Personal Information.
23.2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services. You will only use the App in connection with a device that you own or control.
23.3. By using the App, you agree that we may communicate with you regarding Music Roadtrip by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the App may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Music Roadtrip account information and Registration Data to ensure that your messages are not sent to the person that acquires your old number.
23.4. In order to use the App, your mobile device must satisfy certain system requirements. Those requirements can be found on the Apple and Google app marketplaces. Music Roadtrip may, from time to time in its sole discretion, make updates, modifications, supplements, or new versions of the App or this Site available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Music Roadtrip disclaims any and all liability relating to your failure to install any updates to the Site, including the App. Notwithstanding the foregoing, Music Roadtrip does not have any obligation to provide any bug fixes, modifications, updates, or technical or end-user support for the Site, including the App.
23.5. You and Music Roadtrip acknowledge that the Terms are concluded between you and Music Roadtrip only, and not with Apple or Google, and that Apple and Google are not responsible for the App or the content. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple’s and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
23.6. You acknowledge and agree that Music Roadtrip, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Music Roadtrip, and not Apple or Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim. Both you and Music Roadtrip acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of the agreement which may affect or be affected by such use.
23.7. Both you and Music Roadtrip acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
24. Ownership of Feedback, Testimonials, and User Content.
24.1. Feedback. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations regarding us or our Services (“Feedback”) to us. You hereby agree that Music Roadtrip alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to Music Roadtrip in any media regarding Music Roadtrip Materials, and accordingly hereby assign such to Music Roadtrip without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.
24.2. Testimonials. From time-to-time, Music Roadtrip may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Music Roadtrip the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to Music Roadtrip that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Music Roadtrip provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of Music Roadtrip; (c) you are not an immediate family member of an employee, officer, or director of Music Roadtrip; and (d) you are not living in the same household with an employee, officer, or director of Music Roadtrip. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Music Roadtrip shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Music Roadtrip (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Music Roadtrip shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Music Roadtrip.
24.3. License to User Content. You also hereby grant Music Roadtrip a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit anyUser Content (including your image or likeness) or information other than Feedback provided by you or any other party relating to the Music Roadtrip Materials on or in any and all media (now known or hereafter developed) as Music Roadtrip (or any Music Roadtrip vendor, agent, associate, partner, or successor) deems necessary to its business, including in connection with providing the Services. This license survives termination of these Terms. Music Roadtrip reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored in connection with our Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense.
24.4. Representations and Warranties Regarding User Content. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other’s intellectual property rights, privacy, publicity, or other proprietary rights.
25. Availability of Site.
25.1. Music Roadtrip may make changes to or discontinue any of the media, contests, content, or Site, or Services available at any time, for any reason, and without notice. Music Roadtrip makes no commitment to update the media, contests, content, Site, or Services.
25.2. Use of the Services requires an internet connection and may result in charges from your cellular or internet service provider(s). Music Roadtrip is not responsible for any such charges. Music Roadtrip is also not liable for any disruption, failure, or malfunction of the Internet or other service providers, or for any other situation or event that is out of Music Roadtrip’s direct control. Music Roadtrip (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.
26. Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on Music Roadtrip’s national registered agent, or by Music Roadtrip to the email address you provide to Music Roadtrip during any purchase, communication, or Account registration process. Notice shall be deemed given twenty-four (24) hours after a notice is sent by email, unless the sender is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Site or as we may identify for you. In such case, notice shall be deemed given three (3) days after the date of mailing.
27. Violations; Termination.
27.1. Right to Terminate. You agree that Music Roadtrip, in its sole discretion and for any or no reason, may terminate access to or use of the Services by any Music Roadtrip user, member, or Account (or any part thereof) at any time. Music Roadtrip may also in its sole discretion and at any time discontinue providing access to the Site or our Services, or any part thereof, with or without notice.
27.2. DMCA and Repeat Infringers. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating access to or use of the Services, in appropriate circumstances and at our sole discretion, in connection with any users or Account holders who are deemed to be repeat infringers. We may also at our sole discretion terminate or limit access to our Services and/or Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.
27.3. Effect of Termination. You agree that any termination of your access to the Site or our Services or any Account you may have with us or portion thereof may be effected without prior notice, and you agree that Music Roadtrip (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third-party for any such termination or loss or harm related to your inability to access or use our Services. Music Roadtrip does not permit copyright infringing activities on the Site or in connection with Music Roadtrip Materials. Music Roadtrip reserves the right to terminate access to the Site and/or Services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or our Services may be referred to appropriate law enforcement authorities.
27.4. Reservation of Rights; Content Removal. Music Roadtrip also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Music Roadtrip, its users, and the public. Music Roadtrip also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
27.5. Non-Exclusive. The remedies are non-exclusive and are in addition to any other rights and remedies Music Roadtrip may have or may be provided by law to Music Roadtrip. You agree that Music Roadtrip (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third-party for any such termination.
28. Disclaimers; No Warranties.
28.1. “As-Is” and “As-Available Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SERVICES ARE SUITABLE FOR YOUR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OUR SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MUSIC ROADTRIP, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MUSIC ROADTRIP, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. MUSIC ROADTRIP, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR OUR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MUSIC ROADTRIP NOR ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA.
28.2. State Law Savings Clause. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
28.3. Release of Claims. To the fullest extent permitted by applicable law, you release Music Roadtrip and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
29. Indemnification; Hold Harmless. You agree to indemnify and hold Music Roadtrip, its affiliates, and its and their respective owners, officers, directors, employees, vendors, agents, associates, suppliers, and partners (together, the “Indemnified Parties”), harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or our Services in violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Indemnified Parties each reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify such and you agree to cooperate with such defense of these claims. Specifically, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO PRODUCTS, SERVICES, USER CONTENT, OR YOUR BREACH OF THESE TERMS. Your indemnification obligations under this Section are contingent upon: (a) the relevant Indemnified Party/Parties providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) the relevant Indemnified Party/Parties providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain the relevant Indemnified Party/Parties’ written consent prior to entering any settlement which admits guilt or culpability on the part of the relevant Indemnified Party/Parties or requires the relevant Indemnified Party/Parties to take any action (such consent not to be unreasonably withheld).
30. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE MUSIC ROADTRIP MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH MUSIC ROADTRIP, EVEN IF MUSIC ROADTRIP OR A MUSIC ROADTRIP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO MUSIC ROADTRIP IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY ITEMS SOLD TO YOU BY THIRD PARTIES OTHER THAN MUSIC ROADTRIP AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUSIC ROADTRIP AND YOU.
31. Dispute Resolution[10] . You and Music Roadtrip will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each any dispute between them that may arise. Should any dispute between you and Music Roadtrip not be resolved by such good faith negotiations, you andMusic Roadtrip agree to retain a sole arbitrator to resolve any dispute via binding arbitration. Arbitration will take place in Memphis, Tennessee, or remotely, if you and Music Roadtrip agree. All arbitration proceedings will be held, and a transcribed record prepared, in English. Each party will have the right to submit discovery and take depositions of parties and non-parties in accordance with the Federal Rules of Civil Procedure. For the duration of the arbitration, each party will each be responsible for its own expenses. All arbitration fees and expenses, including the arbitrators’ fees, will be advanced equally by the parties, provided, however, that the failure of a party to timely pay its portion of any arbitration fees will entitle the other party to a default award (if non-paying party is the respondent) or dismissal with prejudice (if non-paying party is the claimant). Nevertheless, the award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. You and Music Roadtrip may, by mutual consent, submit to the exclusive jurisdiction of the courts located in the State of Tennessee to resolve any dispute arising out of these Terms or your access to or use of the Site or our Services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing contained in this Section is intended to, nor shall it, limit either Music Roadtrip’s right to (a) obtain, in court, injunctive relief and/or other equitable remedies against any actual or threatened conduct that may cause it irreparable and/or similar harm, and/or (b) carry out any of its rights pursuant to these Terms, including, for example, and without limitation, termination, as applicable.
32. Contractual Limitation Period on Bringing Claims. YOU AND MUSIC ROADTRIP EACH AGREE THAT ANY CAUSE OF ACTION YOU BRING AGAINST MUSIC ROADTRIP OR ANY OF THE OTHER INDEMNIFIED PARTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR SERVICES OFFERED BY MUSIC ROADTRIP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
33. Class Action Waiver. YOU AND MUSIC ROADTRIP AGREE THAT YOU AND MUSIC ROADTRIP EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MUSIC ROADTRIP AGREE OTHERWISE, ANY ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
34. Consumer Protection Savings Clause. Consumer protection laws in some jurisdictions might require that these Terms be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may prohibit mandatory waivers of your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, such limitations may not be applicable.
35. Notice to Residents of New Jersey. Your rights may be protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish, or alter your rights under New Jersey law, if applicable: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law as appropriate. In appropriate circumstances, in the event of any conflict between these Terms and New Jersey law, New Jersey law will govern. Nothing in the foregoing disclaimer of liability language shall serve to inappropriately deny any consumer, who is a resident of New Jersey, (a) the right to bring a product liability claim under the New Jersey Product Liability Act, N.J.S.A. 2A:58C-1, (b) the ability to seek punitive damages, or (c) the ability to seek consequential damages in instances of injury to the person in the case of consumer goods.
36. Children / Minors. The Site and Services are not directed to minors under the age of eighteen (18) years. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.
37. Miscellaneous.
37.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder. EACH OF YOU AND MUSIC ROADTRIP HEREBY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND MUSIC ROADTRIP HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND MUSIC ROADTRIP ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.
37.2. Force Majeure; Waiver. Music Roadtrip (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Music Roadtrip’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, denial of service attack, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
37.3. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
37.4. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Music Roadtrip without restriction. Additionally, Personal Information may be shared with or sold to actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of Music Roadtrip company assets, or transition of service to another provider, provided that we inform the buyer or transferee that it must use such Personal Information only for the purposes disclosed in our Privacy Policy.
37.5. Headings; Interpretation. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. These Terms use the word “will” to indicate a future, mandatory, obligation.
37.6. Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third-party beneficiary rights upon any other person or entity. All provisions which, by their nature, are intended to survive termination, including the indemnification, limitation of liability, dispute resolution, and payment obligations provisions, will survive any termination of these Terms.
37.7. Copyright Complaints[11] . If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement:
Full address of Designated Agent to which notification should be sent:
Telephone Number of Designated Agent:
Email Address of Designated Agent:
Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
37.8. Disclosures. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at TDD (800) 326-2297 or TDD (916) 322-1700.
37.9. Contact Information. The Site is operated by Music Roadtrip Corporation, address, email: info@company.com.
These Terms were last updated as of the date set forth at the top of these Terms.
Music Roadtrip, LLC
About Our Ads [12] Policy
This About Our Ads Policy describes how Music Roadtrip (“Music Roadtrip”, “we”, “our”, or “us”) and our authorized third-party vendors or partners may use common tracking technologies.
In this Policy “we,” “our,” and “us” refers to both Music Roadtripand our authorized third-party vendors or partners. This About Our Ads Policy is not a contract and does not create any legal rights.
We collect Personal Information (as defined in our Privacy Policy[13] ) about users over time and across different websites when you use this Music Roadtrip’s website, www.musicroadtrip.com, and any other website, social media pages, apps, or other digital medium owned or operated by Music Roadtrip (collectively, the “Site”). We also have third parties that collect personal information this way. To do this, we use several common tracking tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies.
We use tracking technologies for a variety of reasons.
We use tracking tools, including cookies, on our websites. Third parties also use cookies on our sites. We use tracking tools:
· To recognize new or past visitors.
· To improve our website and to better understand your visits on our websites.
· To integrate with third party social media websites.
· To serve you with interest-based or targeted advertising (see below for more on interest-based advertising).
· To observe your behaviors and browsing activities over time across multiple websites or other platforms.
· To better understand the interests of our customers and our website visitors.
We engage in interest-based advertising.
We and our authorized third-party vendors or partners may display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps.
Interest-based advertising or “online behavioral advertising” includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your browsing habits or online activities. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about Music Roadtrip’s Services (as defined in our Terms[14] ) or other companies’ products or services.
How do we gather relevant information about you for interest-based advertising?
To decide what is relevant to you, we use information you make available to us when you interact with Music Roadtrip and our authorized third-party vendors or partners. We gather this information using the tracking tools described above. For example, Music Roadtrip and/or our authorized third-party vendors or partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.
We work with third parties who help gather this information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.
You can control certain tracking tools.
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
Certain choices you make are both browser and device-specific, and are deleted whenever you clear your browser’s cache.
Our Do Not Track Policy:
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We are currently assessing and developing our capability to respond to Do Not Track or Global Privacy Control browser settings as a uniform technological standard has not yet been developed, and we do not have control over other sites’ use or acceptance of Do Not Track browser settings or the Global Privacy Control signal. We reserve the right to update our practices and Privacy Policy and About Our Ads Policy as such standards evolve. If you block cookies, certain features of our Site and/or Services may not work, including your ability to fully access our Site, participate in our Services, receive our newsletters, or similar features. If you block or reject cookies, not all of the tracking described here will necessarily stop.
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes, click here.
[1]Note to Ron and Amy: Please confirm this URL is correct and will be active.
[2]Note to Rob and Amy: Add link to Privacy Policy.
[3]Note to Rob and Amy: Please note that prior express written consent needs to be obtained prior to sending promotional text messages. Typically, this would be handled by a pop-up notification where a user clicks a box that they agree. Please let us know if you would like additional information about obtaining express written consent.
You also need to provide an opt-out option for both transactional texts and promotional texts. See Section 5.3.1(d) below.
[4]Note to Ron and Amy: does this number seem right?
[5]Note to Ron and Amy: We suggest making sure your messaging functionality can do this.
[6]Note to Ron and Amy: The website will need this functionality, but not the App.
[7]Note to Ron and Amy: Add link to Privacy Policy.
[8]Note to Ron and Amy: Please confirm accuracy and that you send advance notice prior to auto-renewal processing as described.
[9]Note to Ron and Amy: To be filled in with your accessibility service provider info.
[10]Note to Ron and Amy: We selected a negotiation requirement (which helps avoid having folks go straight to litigation), as well as an arbitration next step. A specific arbitration provider is not designated here, but please let us know if you want to choose one (sometimes that requires getting pre-approval of the arbitration clause by the provider and/or a fee). If these methods of dispute resolution are unsuccessful, a party may go to court. If you would like a different set-up please let me know.
[11]Note to Ron and Amy: Please let us know if you would like to register a DMCA agent with the US Copyright Office. We recommend this to help address claims of infringement. Sign up via an account setup is available at https://www.copyright.gov/dmca-directory/ and is only $6. Alternate language if there is no DMCA agent: "you may notify us of such infringement by sending an email to info@company.com."
[12]Note to Ron and Amy: The Digital Advertising Accountability Program (DAAP) is an industry program in the U.S. governing use of tracking tools for targeted advertising. The requirements of this program are triggered by your use of tracking tools like Google AdWords, DoubleClick, Facebook Custom Audience, etc.
This program requires a link in the persistent footer of your website that takes visitors directly to your disclosures about your use of cookies and tracking tools for advertising. These disclosures can appear on a separate page on your site, or in a section within your privacy policy. We usually recommend that the hyperlink be called something like “About Our Ads.”
We’ve currently structured this so that these additional disclosures would live in a separate page on your website. This page would be populated with the language provided in this separate document called “About Our Ads”. Let us know if it would help to discuss this in more detail.
[13]Note to Ron and Amy: Link to Privacy Policy.
[14]Note to Ron and Amy: Link to Terms.