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CROSSHAIR MUSIC PRIVACY POLICY


CROSSHAIRMUSIC.COM (“us,” “we,” and “our”) operate this website, https://www.crosshairmusic.com (the “website”) and has created this Privacy Policy to inform you of our information collection, use and sharing practices used for this website. Because we want to demonstrate our commitment to your privacy, we want to notify you What personally identifiable information of yours is collected through this web site;

Who is collecting the information;
How the information is used;
With whom the information may be shared;
What choices are available to you regarding collection, use and distribution of the information;
The kind of security procedures that are in place to protect against the loss, misuse or alteration of
information under our control; and
How you can correct any inaccuracies in the information we collect.
If you have questions or concerns regarding this statement, you should contact us by email at
VISITING CROSSHAIRMUSIC.COM
By using this website, you signify your consent to the collection, use and sharing practices described in this Privacy Policy. By providing your information to us through this website or through our Customer Service Department in connection with this website, you signify your consent to the information collection, use and sharing practices described in this Privacy Policy.

TYPES OF INFORMATION COLLECTED
We collect personal and non-personal information that you provide to us when using this website or that you provide to our Customer Service Department when communicating with us via e-mail.

Personal information that you provide to us, such as your full name, street address, e-mail address, telephone number, credit card number and credit card expiration date, is collected, stored and used only for the purposes described in this Privacy Policy or as otherwise disclosed at the time we request such information from you. For example, when you open an account, connect to a third-party service (e.g. Spotify, Twitter, Facebook, etc) or make a submission, we collect and store some or all of the personal information that you provide. This personal information is used to provide the services that you have ordered or requested, to process orders, to send order confirmations and to provide customer service. This personal information also may be used to contact you about sales, special offers and new site features, unless you have opted not to receive promotional communications in connection with this website.

We also collect non-personal information about users of the website. The non-personal information we collect on this website is information that by itself cannot be used to identify or contact you, such as demographic information and other statistical data relating to the use of this website. For example, we collect artist and playlist related stats and store certain non-personal information automatically whenever you interact with this website. We also collect non-personal information regarding customer traffic patterns and site usage. This information is used to analyze and improve this website and to provide our customers with a fulfilling browsing experience.

Your IP address, browser and reference site domain name are logged every time you visit our website. This data is used strictly for the analysis of load information and maximizing the efficiency of our servers. Except as provided in this privacy policy, we will not share this data with anyone in any way.

Subject to the terms and conditions of this Privacy Policy, any communication or material you transmit or post to this website by email or otherwise, including any data, questions, comments, or suggestions (other than personally identifiable information which will be treated in accordance with this privacy policy), is and will be treated as non-confidential and non-proprietary and anything you transmit or post may be used by us and our affiliates for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. We are free to use any ideas, concepts, know-how, or techniques contained in any communication or material that you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

COOKIES, WEB BEACONS AND TARGETED ADVERTISING
Also, like many web sites, we use “cookies,” which are files stored on your computer’s hard drive by your browser. These cookies help us identify our account holders and optimize their shopping experience. They do not include any data that will identify you personally. They will, however, allow you to use some specialized features of the website. Cookies also allow us to hold selections in your shopping cart when you leave our site without checking out. Most browsers accept cookies automatically, but allow you to disable them if you wish.

Most browsers provide you with the option to set your browser to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. The last of these, of course, means that certain personalized services cannot then be provided to you and accordingly you may not be able to take full advantage of all of the features on our website.

We may use third-party advertising companies to provide us with data collection and reporting services regarding our guests’ activities on our website, tracking and measuring performance of our marketing efforts and your response to our marketing efforts, and the delivery of relevant marketing messages. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness and may receive information about your browsing and buying activity on our website. Web beacons enable us to recognize a browser’s cookie when a browser visits our website and to learn which banner ads bring users to our website. In addition, we and our third party service providers may use cookies to manage and track the performance of our advertisements displayed on other websites across the Internet.

Targeted advertising (also known as online behavioral advertising) uses information collected on an individual’s web browsing behavior, such as the pages they have visited or the searches they have made. This information is then used to select which of our advertisements should be displayed to a particular individual on websites other than this website. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.

EXTERNAL LINKS/FRAMED PAGES
Some functionality in our website links to third party web sites. Any data provided through this
functionality is not governed by this Privacy Policy. The privacy policy of the third party web site governs the information collection and dissemination practices occurring on such web site.

If you have accessed this website through a link from certain of our advertising and marketing partners, our website may include a frame of the applicable advertising and marketing partner. The information you provide to us through these framed web pages is collected by us and its use is governed by this Privacy Policy.

ORDERING FROM OUR WEBSITE
When you order from our website, we need your name, email address, billing address, phone number and credit card number/expiration date. We use this data to process your order and send you order confirmations via email. Except as provided in this Privacy Policy, we will not sell, rent, or disclose this data to any third party without your consent. (However, we will cooperate fully should a situation arise where we are required by law or requested by a law enforcement agency to provide information about a customer.)

From time to time, we use the purchases you make to customize our product recommendations. We also track customer traffic patterns and site usage. Traffic and usage data is used only to improve our website’s design and provide our customers with a fulfilling shopping experience.

OPENING AN ACCOUNT
We require your name, email address to open an account for you. Except as provided in this Privacy Policy, this account data is never shared with anyone in any way without your consent. (However, we will cooperate fully should a situation arise where we are required by law or requested by a law enforcement agency to provide information about a customer.)

CORRECTIONS/UPDATES TO YOUR ACCOUNT
You can correct your account data by clicking on “Account Settings”. If you have any questions or concerns about correcting or updating your Account, please contact [email protected]

RECEIVING PROMOTIONS/OPT-OUT
From time to time, we will contact you about sales, special offers and new site blogs, articles and
features if you agreed to be included in our email lists when you completed a purchase transaction with us. If you’d like to be excluded from these emails, please email [email protected].

CHILDREN’S PRIVACY
It is our policy not to solicit any personally identifiable information from children under the age of 13. If we determine that a person is under the age of 13, based on the information provided during the registration process, that person will not be permitted to register online for our services, contests or offers in accordance with the Children’s Online Privacy Protection Act of 2000. Any personally identifiable information that the child may have attempted to enter during the registration process will not be collected or maintained by us. Children who indicate that they are under 13 years old will not be able to make credit card purchases or participate in interactive features that involve the collection and retention of personal information. We work with (and may provide links to) third party sites that offer features described on our site. Such third parties may permit children under the age of 13 to register for these features on their sites in accordance with their respective privacy policies. For more information, please review the privacy policies of each respective third party site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected] We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet. We do not knowingly obtain, retain or use information from anyone who indicates that they are under 13 years old.

ENTERING CONTESTS/RAFFLES/SWEEPSTAKES
Whenever we run a contest, raffles or sweepstakes relating to our website, it will be accompanied with the rules of the contest/sweepstakes. We will also describe how the information gathered from you for entry into the contest/raffles/sweepstakes will be used. Additionally, we will post if this information will be shared with anyone in addition to those persons and entities provided for in this Privacy Policy, such as a third party sponsoring or managing the contest/raffles/sweepstakes.

SECURITY POLICY
We use Secure Socket Layer (SSL) encryption technology to protect your personal information. Existing account holders are prompted for their user name, email address and password. This password is for your protection. If you don’t have your password, there is a link that reads “Forgot your password?” Click on this for instructions on how to get your password.

CHANGES TO PRIVACY POLICY
If we, being Crosshair Music or Gyrosity Projects (the parent company of Crosshair Music) are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on the website notifying users of the change. In some cases where we post the notice, we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

CROSSHAIR MUSIC TERMS OF USE

 
By accessing the website at https://www.crosshairmusic.com, (“CROSSHAIRMUSIC.COM”) you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
 
DESCRIPTION OF SERVICE
CROSSHAIRMUSIC.COM is a platform that provides users with access to a varied collection of music matching and communications tools for those creating, curating and promoting music now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CROSSHAIRMUSIC.COM to provide the Service. You also understand and agree that the Service may include certain communications from CROSSHAIRMUSIC.COM, such as service announcements, user messages, administrative messages and your personal CROSSHAIRMUSIC.COM profile updates, and that these communications are considered part of CROSSHAIRMUSIC.COM membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that may augment or enhance the current Service, including the release of new CROSSHAIRMUSIC.COM properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that CROSSHAIRMUSIC.COM assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings.
 
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”), (b) If you open an account on behalf of your company, then “you” includes you and your company, and you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Use, and that you agree to these Terms on your company’s behalf, (c) you give us permission to access and use your information from third party services (e.g., Spotify,Twitter, Facebook) and to store your authentication credentials for that third-party service (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CROSSHAIRMUSIC.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CROSSHAIRMUSIC.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof); (e) respect the rights of third party creators and content owners.
 
FUNDING YOUR ACCOUNT
You may purchase coins (1 coin = 1 client campaign) on your client account via a credit card or PayPal. Available Credits will appear on your client dashboard page. You can earn funds by reviewing submissions as an “influencer”. Earned funds will appear at the top of your Influencer Dashboard and be available for you to request a transfer via Paypal. We may (a) withhold and offset any payments or refunds owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
 
YOU SHOULD BE AWARE THAT WE DO NOT OFFER REFUNDS FOR PAY SUBMISSIONS UNDER ANY CIRCUMSTANCES, INCLUDING IF A SONG THAT YOU SUBMITTED FAILS TO BE REVIEWED BY THE SELECTED CROSSHAIRMUSIC.COM USER.
 
CROSSHAIRMUSIC.COM PRIVACY POLICY
CROSSHAIRMUSIC.COM is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service are responsible for supervision of that access. When you register a CROSSHAIRMUSIC.COM account for your child or allow your child to register his or her own CROSSHAIRMUSIC.COM account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by CROSSHAIRMUSIC.COM and its affiliates.
 
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation during the Service’s registration process or you will have a password and account created for you. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and your unique access to your account. You agree to (a) immediately notify CROSSHAIRMUSIC.COM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CROSSHAIRMUSIC.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
 
MEMBER CONDUCT
CROSSHAIRMUSIC.COM does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will CROSSHAIRMUSIC.COM be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
 
You agree to not use the Service to:
Impersonate any person or entity, including, but not limited to, a CROSSHAIRMUSIC.COM official, playlister, reviewer, administrator, artist, music label or user, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; upload, post, transmit or otherwise make available any material that you do not have a right to make available 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); upload, post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, transmit or otherwise make available any unsolicited or unauthorized submission, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation.
 
You acknowledge that CROSSHAIRMUSIC.COM may or may not pre-screen content, but that CROSSHAIRMUSIC.COM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, CROSSHAIRMUSIC.COM and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content submitted to CROSSHAIRMUSIC.COM.
 
You acknowledge, consent and agree that CROSSHAIRMUSIC.COM may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CROSSHAIRMUSIC.COM, its users and the public.
 
You understand that the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CROSSHAIRMUSIC.COM and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
 
USER-GENERATED CONTENT
You may post, upload, and/or contribute content to the Service (which may include, for example,
pictures, text, messages, information, playlist compilations, and/or other types of content) (“User
Content”). You promise that, with respect to any User Content you post on CROSSHAIRMUSIC.COM, (1) you have the right to post such User Content, and (2) such User Content, or its use by CROSSHAIRMUSIC.COM as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by CROSSHAIRMUSIC.COM or any artist, band, label, entity or individual without express written consent from such individual or entity. You are solely responsible for all User Content that you post. CROSSHAIRMUSIC.COM is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CROSSHAIRMUSIC.COM RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CROSSHAIRMUSIC.COM HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
 
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
 
REPRESENTATION, WARRANTIES AND INDEMNIFICATION
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify and hold CROSSHAIRMUSIC.COM and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of any rights of another.
 
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your CROSSHAIRMUSIC.COM Profile), use of the Service, or access to the Service.
 
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CROSSHAIRMUSIC.COM may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any content that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CROSSHAIRMUSIC.COM’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CROSSHAIRMUSIC.COM has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that CROSSHAIRMUSIC.COM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CROSSHAIRMUSIC.COM reserves the right to modify these general practices and limits from time to time.
 
MODIFICATIONS TO SERVICE
CROSSHAIRMUSIC.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CROSSHAIRMUSIC.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
 
TERMINATION
You agree that CROSSHAIRMUSIC.COM may, under certain circumstances and without prior notice, immediately terminate your CROSSHAIRMUSIC.COM account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement, third parties or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your CROSSHAIRMUSIC.COM account includes (a) removal of access to all offerings within the Service, including but not limited to CROSSHAIRMUSIC.COM blogs, articles, profiles, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any part thereof), and (c)
barring of further use of the Service. Further, you agree that all terminations for cause shall be made in CROSSHAIRMUSIC.COM’s sole discretion and that CROSSHAIRMUSIC.COM shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
 
DEALINGS WITH USERS
Your correspondence or business dealings with, or participation in promotions of, users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such user. You agree that CROSSHAIRMUSIC.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users on the Service.
 
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CROSSHAIRMUSIC.COM has no control over such sites and resources, you acknowledge and agree that CROSSHAIRMUSIC.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CROSSHAIRMUSIC.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
 
CROSSHAIRMUSIC.COM’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CROSSHAIRMUSIC.COM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
 
CROSSHAIRMUSIC.COM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CROSSHAIRMUSIC.COM for use in accessing the Service.
 
SUBMISSION AND USE OF COPYRIGHTED CONTENT
By submitting a song to Crosshair, you (the musical creator, artist or band, also known as the ‘Client’) recognize that you are intending for your music to be utilized on a content owner’s channel (‘Channel Owner’) hosted on platforms such as, but not limited to: Spotify, YouTube, Instagram, Twitter, Deezer, Musical.ly, Google Play, Amazon Prime and more. This utilization can include, but is not limited to: Adding a song to a playlist, using a song in a video, posting or sharing a song via a link, posting or sharing a song’s cover art via a photo upload. Pending a mutual agreement between you and the Channel Owner concerning the usage and fees or incentives involved, you agree to allow a Channel Owner to digitally monetize this usage through the serving of programmatic adverts as adheres to any agreement details that you worked out amongst yourselves. This allowance does not cover usage in feature films, documentaries, TV (cable), commercial placements or any media hosted on platforms other than Spotify, YouTube, Instagram, Twitter, Deezer, Musical.ly, Google Play and Amazon Prime. You also agree to indemnify Crosshair Music and Gyrosity Projects from any liability or pursuant legal recourse should you pursue damages from a Channel Owner for an improper usage of your copyrighted work.


DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROSSHAIRMUSIC.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. CROSSHAIRMUSIC.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CROSSHAIRMUSIC.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
 
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROSSHAIRMUSIC.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CROSSHAIRMUSIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
 
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
 
NO THIRD-PARTY BENEFICIARIES
 
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
 
NOTICE
CROSSHAIRMUSIC.COM may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
 
TRADEMARK INFORMATION
The CROSSHAIRMUSIC.COM and CROSSHAIRMUSIC.COM logo trademarks and service marks and other CROSSHAIRMUSIC.COM logos and product and service names are trademarks of CROSSHAIRMUSIC.COM. (the ” CROSSHAIRMUSIC.COM Marks”). Without CROSSHAIRMUSIC.COM’s prior permission, you agree not to display or use in any manner the CROSSHAIRMUSIC.COM Marks. Other product and company names may be trademarks
or service marks of their respective owners.
 
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CROSSHAIRMUSIC.COM respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, CROSSHAIRMUSIC.COM cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service. You expressly agree that Company will not be liable for materials. However, CROSSHAIRMUSIC.COM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the CROSSHAIRMUSIC.COM Team the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
CROSSHAIRMUSIC.COM Team can be reached by email: [email protected]
 
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of CROSSHAIRMUSIC.COM, to the goods or services provided by CROSSHAIRMUSIC.COM, or to any acts or omissions for which you may contend CROSSHAIRMUSIC.COM is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Tennessee, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Tennessee, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may
be entered in any court of competent jurisdiction in Tennessee. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CROSSHAIRMUSIC.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CROSSHAIRMUSIC.COM ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR
REPRESENTATIVE PROCEEDING. Further, unless both you and CROSSHAIRMUSIC.COM otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
 
CLASS ACTION / JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
 
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and CROSSHAIRMUSIC.COM and governs your use of the Service, superseding any prior agreements between you and CROSSHAIRMUSIC.COM with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CROSSHAIRMUSIC.COM services, products, affiliate services, third-party content or third-party software.
 
Electronic signatures. Pursuant to any applicable laws, rules or regulations, including without limitation the US Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes, YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-¬-electronic records, or to payments or the granting of credits by other than electronic means. A printed
version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to CROSSHAIRMUSIC.COM.
 
Choice of Law and Forum. The TOS and the relationship between you and CROSSHAIRMUSIC.COM shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and CROSSHAIRMUSIC.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davidson.
 
Waiver and Severability of Terms. The failure of CROSSHAIRMUSIC.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
 
No Right of Survivorship and Non-Transferability. You agree that your CROSSHAIRMUSIC.COM account is nontransferable and any rights to your CROSSHAIRMUSIC.COM Profile or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
 
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
The section titles in the TOS are for convenience only and have no legal or contractual effect.
 
QUESTIONS ABOUT OUR POLICIES
We’ll be happy to provide additional information or answer any questions regarding this privacy policy. Please write to [email protected].