Terms of Service ("Terms")
Last updated: Feb 1, 2024
Welcome to Gamberon Music (as applicable, “GM,” “we,” “us,” or “our”). Your use of the GM website or any GM products, software, data feeds, and services provided to you on, from, or through the GM website (collectively the “Service”) signifies that you agree to this Terms of Use (This “ToU”) and constitutes your binding acceptance of this ToU, including any modification that GM makes from time to time
This ToU describes the terms and conditions applicable to your access and use of the Service.
1. PRIVACY POLICY
By using the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. GM may revise the Privacy Policy at any time, and the new versions will be available on this site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service.
2. TOU UPDATES
GM may revise this ToU at any time by posting the revised ToU to its site. For your convenience, the date of last revision is included at the top of this page You must agree to all revisions if you choose to continue using the Service. By using the Service, you agree to and will be bound by the then-current version of this ToU as posted on this site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Service.
3. SERVICE
A. These ToU apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, information, software, scripts, graphics, images, sounds, music, videos, audiovisual combinations, user-provided data, interactive features and other materials you may view on, access through, submit and/or contribute to the Service. The Service includes all aspects of GM, including but not limited to all products, software, applications and services offered via the GM website.
B. The Service may contain links to third party websites that are not owned or controlled by GM. GM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, such links do not imply GM's endorsement of the information or material on the third-party sites. Further, GM will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GM from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
5. ACCOUNTS, PASSWORDS AND SECURITY
In order to access certain portions of the Service you may be required to open an account. In order to set up an account you will be required to provide your name, email address and a password. You agree to provide accurate and complete information to us for your account and to update that information promptly if it changes. We will maintain your account information in accordance with the terms of our Privacy Policy. You are solely and entirely responsible for maintaining the confidentiality of your password and other account log-in information, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You agree that you will not use anyone else’s account or password at any time.
By establishing an account on this site, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this ToU on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use your account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this ToU and any and all other GM rules, policies, notices and/or agreements.
6. ORDERS AND PAYMENT TERMS
6.1 Event Ticket Purchases
After you make a purchase for event tickets, we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Purchases may not be accepted from certain territories based upon your location. GM maintains the right to refuse to transact any customer for any reason or no reason at all.
6.2 Billing for Paid Subscription
Some items that comprise the Service may require payment before you can access them, (the “Paid Subscription”). You may purchase a Paid Subscription directly from the GM website or directly through the GM iOS app. GM may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
6.3 Renewal & Cancellation for Paid Subscription
Your payment to GM will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period from either your profile page on GM website (if purchased directly) or from the iOS App Store (if purchased through iOS). The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. We do not provide refunds or credits for any partial subscription periods.
7. RESTRICTIONS AND CONDITIONS OF USE
Use of Service
GM permits you to view and use a single copy of the Service solely for your personal, non-commercial use. Commercial use is only allowed if you obtained GM’s written approval for the following actions: the sale of advertising, sponsorships, or promotions placed on or within the Service.
You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Service, without GM’s prior written authorization, unless GM makes available the means for such distribution through functionality offered by the Service. GM reserves the right to add or remove information or content from the Service at any time at its sole discretion.
No Violation of Laws
You agree that you will not, in connection with your use of the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Service
You may not connect to or use the Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, or the computer systems or networks connected to the Service. Furthermore, you may not use the Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding GM and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Data Mining or Harmful Code.
You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Service
Mobile Devices
The Service contains services and features that are available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
8. LINKS TO THE SERVICE
Unless otherwise set forth in a written agreement between you and GM, you must adhere to GM's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GM's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GM, (iii) when selected by a user, the link must display the GM website on full-screen and not within a "frame" on the linking site, and (iv) GM reserves the right to revoke its consent to the link at any time and in its sole discretion.
9. INTELLECTUAL PROPERTY
Trademarks
Gamberon Music, GM face logo are trademarks/service marks of GM. Unauthorized use of any GM trademark, service mark or logo may be a violation of applicable trademark laws.
Copyright
The Service and the content made available through the Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Service, or individual sections of the content, design or layout of the Service without GM's express prior written permission or the respective licensors of the Content. GM and its licensors reserve all rights not expressly granted in and to the Service and the Content.
GM respects the intellectual property rights of others, and requires that the people who use the Service do the same. GM maintains a policy of termination in appropriate circumstances of users who use the Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Us by copyright@gamberonmusic.com.
Needed information:
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
And a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. LOCATION
GM operates and controls the Service from the United States of America. Although the Service is accessible in many territories throughout the world, GM makes no claims that the Service is appropriate or available for use in other jurisdictions. If you choose to use the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
11. YOUR CONTENT
The Service may provide users with the ability to submit Content, inclusive of videos and comments on or through the Service. GM is under no obligation to review any such Content and assumes no responsibility or liability relating to any Content. Notwithstanding the above, GM may from time to time monitor the Content and may remove any Content at its sole discretion without prior notice. Unless otherwise provided in any other notice from GM, GM does not claim ownership of any Content you make available through the Service. At GM's sole discretion, such Content may be included in the Service in whole or in part or in a modified form. With respect to such Content you submit or make available for inclusion on the Service, you grant GM a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, publicly display, modify, create derivative works, and sublicense such materials or any part of such Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, without payment to you. Any feedback you provide through the Service shall be deemed to be non-confidential. GM shall be free to use such information on an unrestricted basis. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 11. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Content. You also grant other users of the Service permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Content in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your Content. We do not guarantee any confidentiality with respect to any Content that you may submit, upload, post or otherwise provide to the Service, and it is your responsibility to protect any rights that you may have in your Content. Please also be aware that any personally identifiable information that you choose to include in your Content for publication will not be protected. If GM has provided you with any free item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Content in compliance with Section 5 of the Federal Trade Commission Act.
12. ABILITY TO ACCEPT THE TOU
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToU, and to abide by and comply with these ToU. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
13. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE IS AT YOUR SOLE RISK. GM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITRING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GM, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE CONTENT AND/OR SERVICE, EVEN IF GM AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GM WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) OTHER ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THEIR CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT.
15. INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold GM and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Service, your violation of any third party right (including without limitation any copyright, property, or privacy rights) or any claim that your Content caused damage to a third party or any breach by you of this ToU or any other policies that GM may issue for the Service from time to time. This defense and indemnification obligation will survive these ToU and your use of the Service.
16. GOVERNING LAW JURISDICTION
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Wyoming without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sheridan County, Wyoming, and waive any objection to such jurisdiction or venue. Any claim under this ToU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
17. GENERAL
ToU Revisions
This ToU may only be revised in a writing signed by GM, or published by GM on the Site.
No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GM as a result of this ToU or your use of the Service.
Assignments
GM may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without GM' prior written consent, and any unauthorized assignment by you shall be null and void.
Severability
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
Attorneys' Fees
In the event any litigation or mediation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover, to the maximum extent permitted by law, from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies
You hereby agree that GM would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service.
