TERMS OF SERVICE
Updated on November 16, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Interstate Music LLC (“Interstate Music”) may provide access to, and use of the website at InterstateMusic.com, and the mobile application, or application programming interface displaying these Terms of Service and each of its components and subdomains and mobile versions if any, and the services, products and networks found at or related thereto (collectively referred to as the “Site”) subject to your compliance with, and agreement to, these Terms of Service. These Terms of Service are a legal agreement between you and Interstate Music.
We may change or modify the Terms of Service at any time without further notice and such changes or modifications will come into effect upon being posted on the Site. We will indicate at the top of this page the date the Terms of Service were last revised. Your continued use of the Site after any change or modification constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future versions of the Terms of Service, please do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Service and to review such changes.
OWNERSHIP. The Site is owned and operated by, and is the copyrighted property of, Interstate Music. Notwithstanding the foregoing, portions of the content found on the Site may be owned by third-parties and is the copyrighted work of that third-party. In addition, the trademarks, logos and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and/or common law trademarks of Interstate Music, its parent, affiliates, and/or various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Interstate Music or such other party that may own the Trademark. All rights not expressly granted herein are reserved by Interstate Music.
ELIGIBILITY. You represent that you are at least 13 years old and you are fully able to create binding legal obligations for any liability you may incur as a result of the use of the Site. Any use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. Your membership or registration with the Site may be terminated if we believe you are less than 13 years of age.
REGISTRATION. In order to use certain portions of the Site, you must become a registered user of the Site. If you elect to become a registered user of the Site, you will be asked to provide your first and last name, email address, and you will need to select a username and password. When becoming a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Interstate Music registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Interstate Music has reasonable grounds to suspect that such is the case, Interstate Music has the right to suspend or terminate your account and refuse any and all current or future use of the Interstate Music Site and/or services thereon (or any portion thereof).
You agree that the username used to log-in to Interstate Music is the property of Interstate Music, and we reserve the right, in our sole discretion, to change, remove or replace any username for any reason. We may refuse to grant you, and you may not use: an Interstate Music user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your username may be viewed by the public, so you should not choose a username that personally identifies you.
You are solely responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your username or password, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all activity that occurs in connection with your username or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account, and to ensure that you “log off”/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations or otherwise.
ACCURACY OF CONTENT AND PRICING. Because prices, product descriptions and availability can change quickly, Interstate Music does not warrant the accuracy or completeness of the information provided on the Site or in electronic or written materials and is not responsible for pricing, typographical or other errors. Interstate Music may make changes to the information contained on the Site, including the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall Interstate Music or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Site.
PAYMENTS. You represent and warrant that if you are purchasing something from the Interstate Music Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
CHILDREN’S INFORMATION. We believe every precaution must be taken to protect children online. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly ask children for any information, nor do we knowingly collect personally identifiable information from children.
PROFILE PAGE. When you register for an account with the Site, a profile page will automatically be created for you and certain Registration Data may be automatically pre-populated in your profile page, including without limitation user name, the date you registered as an Interstate Music user, and last log on date. You may choose to add information to, or delete certain information, from your profile page, but some information (e.g., your user name, the date you registered as an Interstate Music user and your last log on date) may be designated as required information for your profile page. Your profile page may also automatically display the materials you have uploaded or otherwise submitted via the Site, and/or purchases you had made through the Site.
USE OF SITE AND CONTENT; SUBMISSIONS. You may only use the Site as permitted by the Site to browse the content, make purchases from Interstate Music, make inquiries of Interstate Music, post content including, without limitation, comments on the content of the Site, blog, post images and snapshots, embed videos, send a link from the Site to a friend or make other Submissions (as defined below), or sign-up for communications from Interstate Music. The Site and the content provided through the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Interstate Music, except that you may download, display and print one copy of the materials presented on the Site on a single computer for your personal, non-commercial use only. When you make your personal copy, or other copies using these technologies, you must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. Except as permitted above, the use of such materials in any other manner is prohibited. The term “Submissions” means all comments, blog posts, forums, threads, feedback, suggestions, photos, videos, content related to an Interstate Music contest or promotion, hashtags created in relation to an Interstate Music contest or promotion, e-mail and similar information or materials that you submit/upload to Interstate Music and/or other social media as it pertains to Interstate Music. Submissions will not be confidential. Each user is solely responsible for any Submissions made using his or her account. You may not post, transmit, or share any Submissions that would infringe or violate the rights of third-parties. In furtherance of the foregoing, you represent and warrant that by submitting your Submission, you will not be infringing on any other person’s copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.
You understand and agree that Interstate Music may, but is not obligated to, review the Site and may delete or remove (with or without notice) any Submission at its sole discretion, for any reason or no reason, including, without limitation, Submissions that (in the sole judgment of Interstate Music) violate the Terms of Service, or which might be incorrect, offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submission you post or store on the Site or provide to Interstate Music. Interstate Music reserves the right to suspend a user’s account, ban a user’s account, or revoke permissions associated with a user’s account when a user posts a Submission that Interstate Music believes violate these Terms of Service.
You shall retain all ownership rights in and to your Submission. By posting a Submission to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to Interstate Music a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submission in connection with the Site, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant the right to Interstate Music to grant the right to a user who has requested a non-exclusive license to access your Submission through the Site, and to use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under the Terms of Service. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Interstate Music does not control the Submissions posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of any Submission. Interstate Music does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Interstate Music expressly disclaims any and all liability in connection with any Submission. You understand that by accessing the Site, you may be exposed to Submissions that are offensive, indecent or objectionable. Interstate Music does not permit copyright infringing activities and infringement of intellectual property rights on the Site. All Submissions are made available “AS IS” and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Site and these Terms of Service.
You should consider all Submissions to be public and not private communications. Although Interstate Music reserves the right to remove (without notice) any posting for any reason, Interstate Music has no obligation to delete any content that you may find objectionable or offensive. Interstate Music reserves the right to monitor some, all, or no areas of the Site, including, without limitation, forums, blogs or any other community commenting area, for adherence to these Terms of Service, or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, Interstate Music is acting as a passive conduit for such distribution and Interstate Music is not undertaking any obligation or liability relating to any content or activities in any forum.
COMMUNITY STANDARDS AND USER CONDUCT. You acknowledge that each Submission, whether publicly posted or privately transmitted, is the sole responsibility of the person from whose account such Submission originated. This means that you are entirely responsible for any Submission that you or anyone using your account posts, emails, or otherwise transmits to or via the Site. You agree to not use the Site to: upload, post, email or otherwise transmit any Submission that is: inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable material that could constitute or encourage or incite conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; harmful to minors in any way; impersonating of any person or entity, including, but not limited to, an Interstate Music staff person, forum or blog leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; a forgery of headers or otherwise manipulates identifiers in order to disguise the origin of any Submission transmitted through the Site; a solicitation of other users of the Site to join or become members of any online or other service; an upload, post, email or otherwise transmittal of any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); an upload, post, email or otherwise transmittal of any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; an upload, post, email or otherwise transmittal of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; an upload, post, email or otherwise transmittal of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; a disruption to the normal flow of dialogue, causes a screen to “scroll” faster than other users of the Site are able to type, or otherwise acts in a manner that negatively affects other users’ ability to engage in real-time exchanges; an interference or disruption with the Site or the services offered on the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies, or regulations of networks or third-party providers connected to the Site, or providing any services on or to the Site; a “Stalk” or otherwise harassment of another member or user of the Site; or a collection or storing of personal data about other users.
In addition, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of Interstate Music. Such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site. We may ban a user that is offensive or problematic in his or her use of the site.
DIGITAL MILLENNIUM COPYRIGHT ACT AGENT. Interstate Music respects the intellectual property rights of others and requires that the people who use the Site do the same. In accordance with the Digital Millennium Copyright Act, Interstate Music will terminate, in appropriate circumstances, and in Interstate Music’s sole discretion, users who Interstate Music finds to repeatedly infringe on the copyrights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Interstate Music, Inc.
1501 E. Wisconsin Street
Delavan, Wisconsin 53115
E-mail Address: [email protected]
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
Counter notice: If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your name, physical address, telephone number, and e-mail address
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material at our sole discretion.
INFORMATION AND PRESS RELEASES. The Site may contain information and press releases about Interstate Music from time to time. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS. From time to time, Interstate Music may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (“Promotion” or “Promotions”). Each Promotion may have Official Rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Service. To the extent that the terms for any Promotion conflict with these Terms of Service, the terms for that Promotion shall control with respect to that Promotion only.
EXCLUSION OF WARRANTY AND DISCLAIMER. INTERSTATE MUSIC AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERSTATE MUSIC AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THE SITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. INTERSTATE MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR THE INTERSTATE MUSIC COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide the latest developments relating to our content and other information about Interstate Music on the Site, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Site. Each person assumes full responsibility and all risks arising from use of the Site or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Interstate Music may make additions, deletions, or modifications to the information at any time without any prior notification.
LIMITATION OF LIABILITY. INTERSTATE MUSIC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, LINKING FROM, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF OR USE OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO, LINKS OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL INTERSTATE MUSIC OR ANY THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) ANY USE OF THE SITE OR CONTENT FOUND HEREIN; (ii) ANY FAILURE OR DELAY; OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY INTERSTATE MUSIC OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
UNLAWFUL ACTIVITY. We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
INDEMNIFICATION. You shall defend and indemnify Interstate Music and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of the Site.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Wisconsin, United States of America, without regard to its conflict of laws provisions.
ASSIGNMENT. You may not assign, license, convey, subcontract or delegate your rights, duties or obligations hereunder.
HEADINGS. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Service, and no construction or inference shall be derived therefrom.
ADDITIONAL TERMS. Additional terms and conditions may apply to various uses of portions of the Site, and you agree to abide by such other terms and conditions.
ARBITRATION. Any legal controversy or legal claim arising out of or relating to these Terms of Service or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
SEVERABILITY. These Terms of Service shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent the term, clause or provision may be modified slightly to avoid being deemed invalid or unenforceable to effectuate the original intent of the Interstate Music and you (e.g., via blue penciling, etc.), you hereby agree to request such modification.
ENTIRE AGREEMENT. These Terms of Service, together with the terms and conditions incorporated herein or referred to herein constitute the entire agreement between the user and Interstate Music relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter of these Terms of Service, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at:
Interstate Music, Inc.
1501 E. Wisconsin Street
Delavan, Wisconsin 53115
Telephone Number: (262) 260-9296
E-mail Address: [email protected]