Terms of Use

Effective Date: February 10, 2019

Welcome and thanks for your interest in Jason Gong Music (“we” or “us”) and our website at www.jasongongmusic.com, including any related domains, information, content, and services (collectively, the “Website”). Please read the following terms carefully. By using the Website, you acknowledge that you have read, understood, and agreed to be bound by the these Terms of Use and our Privacy Policy (collectively, the “Terms”), which is incorporated by reference herein. These Terms are a legally binding contract between you and us regarding your use of the Website. If you are not eligible or do not agree to the Terms, then you may not use or access the Website.

We may modify these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following any changes means that you accept and agree to the changes.

Eligibility

To use this Website, you must be at least 18 years of age. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age. Additionally, you are responsible for making all necessary arrangements to access the Website and for ensuring all persons who access the Website through your internet connection are aware of these Terms and agree to comply with them.

We provide this Website for use only by persons located in the United States and make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Prohibited Conduct

By using this Website, you agree not to

  • Use the Website for any illegal purpose or in violation of any local, state, national, or international law;

  • Violate, or encourage others to violate, any rights of a third party, including by infringing or misappropriating any third party intellectual property right;

  • Interfere with any security-related features or operation of the Website or any associated services;

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Attempt to collect personal information about any third parties without consent;

  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website;

  • Impersonate or attempt to impersonate us; or

  • Use any process or device to monitor or copy any content on the Website.

Intellectual Property

This Website and its contents, including but not limited to all information, text, images, video, and audio, are owned by us and our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the contents on the Website without our express written permission.

Privacy

All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. You agree to waive and hold us harmless from any claims resulting from any action taken by us during or as a result of any investigations by us or law enforcement authorities.

Third Party Links

This Website may include information provided by third parties, including links to other sites. These third-party links and information are provided for your convenience only. We have no control over the contents of those sites or information and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links or information, you do so entirely at your own risk and subject to any applicable terms and conditions.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES AND MAKE NO REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND ANY CONTENT AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES AS A RESULT OF YOUR USE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR IN ABILITY TO USE, THE WEBSITE, ANY CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $20. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.

Governing Law and Arbitration

These Terms are governed by the laws of the State of Michigan without regard to conflict of law principles. You agree to the personal and exclusive jurisdiction of the state and federal courts located Washtenaw County, Michigan for the purpose of resolving any disputes. At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

General

These Terms, including the Privacy Policy, are the entire and exclusive understanding and agreement between you and us regarding your use of the Website. You may not assign or transfer these Terms or your rights, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these terms, be a waiver of any subsequent breach or a waiver of the provision itself. Use of section headers in these Terms is provided for convenience only and has no impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Feedback and Contact Information

We welcome any feedback, ideas, or suggestions (collectively, the “Feedback”) you may have. You agree that we may use your Feedback without any restriction or obligation to you, even after these Terms are terminated and without limiting or affecting any rights you may have under applicable law.

To contact us at any time, please send an email to contact@jasongongmusic.com.