Welcome to Conure Music ("Conure Music", "we", "us", "our"). Conure Music gives you the ability to stream music through our mobile app and website without paying for a subscription. We’re a new way to enjoy music and to support artists you love. With Conure Music, you pay only for what you stream and the value of the credits you spend to stream goes directly to the rights holder.
If you do not agree with any part of these Terms, please do not use the Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND CONURE MUSIC ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.
A few important things:
- We may update these Terms from time to time. When we make material changes, we will notify you of such changes by posting a notification on the main page of our Site, revising the "Last updated" date at the top of this page, and/or by notifying you based on the contact information you have provided to us. Please read through any changes, and if you do not agree to them, please stop using the Services.
- Additional terms and conditions may apply to specific content, features, promotions or your use of certain portions of the Services. These additional terms are also legally binding.
I. YOUR ACCOUNT; REGISTRATION
If you use the Services, you may be asked to create an account in order to access or use the Services ("Account"). To create an Account, we will ask you to complete a registration form, provide your payment information, email address and create a password ("Account Information"). On the Apps, you may also have the opportunity to create a Touch ID using a finger print scan to protect your Account.
When you register for an Account with us, the following rules apply:
- Only provide accurate and current Account Information.
- Inform us immediately of any unauthorized use of your Account.
- You are responsible for anything that happens through your Account – with or without your permission. We are not responsible for any loss or activity or purchases that result from the unauthorized use of your Account.
We may suspend or terminate your Account or access to the Services at any time with or without notice if we suspect an unauthorized use of your Account.
By registering for an Account, you acknowledge and agree that Conure Music may contact you using the information that you provide to us.
You may be able to use the Services without registering for an Account, but certain features may be unavailable to you.
Closing Your Account, Suspension and Termination. We may suspend or terminate your Account or access to the Services at any time with or without notice if we suspect an unauthorized use of your Account. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long period of time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of your Account or our Services to anyone for any reason at our discretion.
If you would like to close your Account, please notify us at email@example.com. Once your Account is close, you understand and agree that: (i) all licenses granted to you by Conure Music under these Terms will end; (ii) we reserve the right (but have no obligation) to delete all of your information and User Content stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or User Content; and (iv) you are still liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
II. USER CONTENT AND GUIDELINES
The Services may contain areas where you may post or submit your own content ("User Content"). We reserve the right to remove or refuse any User Content that does not comply with the guidelines listed below or these Terms.
When you use the Services:
- Only post User Content to the Services if you have all permissions and rights needed to make that content available, including from any individuals who appear or are mentioned in your User Content.
- Do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.
- Do not post any advertising, solicitation or commercial content on the Services or accept payment from a third party in exchange for performing commercial activity on the Services without permission from us.
- Do not sell a user Account or otherwise accept any compensation (financial or otherwise), to influence the name of an Account or the content included on an Account.
- Do not collect or solicit Personal Information from other users or send unsolicited messages.
- Do not use automated technology to interact with the Services.
- Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
- Do not reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Services, its content or any part thereof (unless permitted by applicable law).
- Circumvent any technology used by us, our licensors, or any third party to protect the content or the Services.
- Do not "crawl" the Services or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from us, our users or the Services.
You are solely responsible for all User Content that you post. We are not responsible for User Content nor do we endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CONURE MUSIC RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CONURE MUSIC HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
No Obligation to Monitor. We have the right to prescreen, monitor, or remove any of your User Content – but we have no obligation to do so.
Ownership of User Content. User Content is owned by you or whoever created it. By submitting or posting any User Content through the Services, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your User Content, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works of, sublicense, distribute and to assign these rights. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in your User Content. Where applicable and permitted under applicable law, you also agree to waive any "moral rights" (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including any feedback, ideas or suggestions that you provide to us, and your right to object to derogatory treatment of such User Content. We will be entitled to use your User Content without incurring obligations of confidentiality, attribution or compensation to you.
Additional Rights You Grant to Us. In consideration for the rights granted to you under these Terms, you grant us the right to:
- Allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services;
- Provide advertising and other information to you; and
- Allow our business partners and/or service providers to do the same. In any part of the Services, the content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some content, provided to or otherwise made available by us may contain advertising as part of that content. In such cases, we will make such content available to you, unmodified.
Liability. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of users or for any views, opinions and statements expressed in User Content. You use the Services and view the User Content strictly at your own risk. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to the Services. We reserve the right to revoke your use or access to the Services at any time, in our discretion, including, without limitation, if we believe that your conduct violates the guidelines included herein, applicable law or is harmful to the interests of Conure Music or its subsidiaries and affiliates.
III. LICENSED CONTENT AND OUR CONTENT
Except for User Content, all of the content on the Services – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, videos, applications, interactive features, and other content ("Our Content") – is owned by Conure Music, Inc. or others we license sounds, songs, music ("Songs") or Our Content from (collectively, "Licensed Content"), and is protected under the United States’ and other countries’ copyright laws.
All trademarks, logos, service marks and trade names are owned, registered and/or licensed by us or our parent or affiliate companies. The Conure Music name and logo are trademarks of Conure Music, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Conure Music, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Services, including User Content, Licensed Content and Our Content, without Conure Music’s prior written consent, unless it is your own User Content that you legally post on the Services.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Services.
IV. PLAYING CONTENT ON THE SERVICES
You can stream Songs through the Services by purchasing credits ("Conure Credits"). On the Services, you will pay Conure Credits for each Song that you play. Each Song on the Services will require a different number of Conure Credits to play. BASED ON OUR MODEL, THE CONURE CREDITS REQUIRED TO STREAM A SONG OR OTHER LICENSED CONTENT IS SUBJECT TO CHANGE AT ANY TIME. Before you play any Song in your music feed, album, or playlist, you will see the number of Conure Credits required to play each Song if you set the "Show Credits Amount" to "Everywhere," in the "My Account" settings. In your "My Account" settings, you can also set a "maximum credits" limit for any Song. This will only allow you to play Songs up to your maximum credit limit. If a Song requires more Conure Credits than your maximum credit limit, the Song will be skipped automatically when you play an album or playlist. If you wish to play a Song that requires more Conure Credits than your "maximum credits" setting allows, you may do so by increasing your "maximum credits" setting or by clicking through the pop-up window and agreeing to play the Song. As soon as the Song begins playing, the Conure Credits will be removed from your Account.
There also are many factors that influence our ability to provide you with certain Songs and other Licensed Content, such as licensing restrictions and costs. Conure Music reserves the right (in our sole discretion) to select, display, and perform each Song based on a number of different factors, including but not limited to licensing restrictions, contract requirements, territorial or jurisdictional limitations, industry trends, cost and availability. In order to provide the Services, we must reserve the right to alter, change, modify, or terminate any Song, Licensed Content or the Services and any related functionality at any time, with or without notice to you. THIS MEANS THAT SOME SONGS MAY ONLY BE AVAILABLE ON THE SERVICES FOR A LIMITED TIME AND WE MAKE NO GUARANTEES AS TO THE AVAILABILITY OR YOUR ABILITY TO ACCESS ANY SONG OR LICENSED CONTENT, EVEN IF YOU HAVE PREVIOUSLY RECEIVED OR STREAMED SUCH CONTENT IN EXCHANGE FOR CONURE CREDITS. Each Song also will have its own terms and conditions, in addition to these Terms. Additional information about the various restrictions, terms and costs associated with each Song will be included on the page or screen where that Licensed Content is presented to you.
V. PAYMENTS AND CREDITS
Certain Services are provided to you free-of-charge and others, like listening to certain songs, require the redemption of Conure Credits before you can access them. You also may receive Conure Credits by participating in certain activities related to the Services, like promotions, taking surveys or providing us with feedback. You can only purchase Conure Credits from Conure Music through Apple in-app purchases, but you can redeem your Conure Credits in the Conure Music app by playing content. When you purchase Conure Credits, you agree that we will supply your purchased Conure Credits immediately after obtaining your payment information. Your purchase of Conure Credits will be subject to the rules of your App Store provider and our Credit and Refund Policy.
Limited License. Any and all Conure Credits are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. We grant you a limited license to use Conure Credits when you provide us with your payment information and billing authorization for the purchase of Conure Credits or when you are otherwise awarded Conure Credits through the Services. We may change the method of payment we may accept from time to time, at our sole discretion.
When you receive a limited license to use Conure Credits on the Services, we may send you a confirmation email or text that will have details regarding your purchase if you have provided us with an email or phone number. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. Conure Music also may keep records of transactions in order to deal with any future questions about that transaction.
You understand that while you may "earn" "buy" or "purchase" Conure Credits through the Services, you do not legally "own" the Conure Credits and the amounts of any Conure Credit do not refer to any credit balance of real currency or its equivalent. Conure Credits have no cash value, are non-transferable and non-refundable. Any credit balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
No Transfers. You are not allowed to transfer Conure Credits, for example by selling, gifting, or trading them. We will not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell any Conure Credits or User Content for "real" money, or exchange Conure Credits for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
Fees and Applicable Taxes. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
Changes to the Terms for and Pricing of Conure Credits. We may revise the pricing for the Conure Credits we license to you through the Services at any time.
Additional Terms for Conure Credits. Additional terms related to the Conure Credits including our expiration and refund policies are available in our Credit and Refund Policy.
Billing Support. For billing support, please email us at firstname.lastname@example.org.
VI. PROMOTIONS AND OTHER OFFERS
We may offer promotions or other offers, from time to time. Please review the official rules (if any) associated with the specific promotion or offer. They will apply in addition to these Terms.
We are not required to give, and you are not required to accept, any offers we may promote through the Services. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to receive the offer. Some offers may be subject to taxes and other charges or restrictions which will be disclosed before you accept the offer. If you accept an offer you also assume all liability associated with the offer.
Promotional Content. We may make certain Songs available to you from time to time through the Services for which a purchase or Conure Credit is not required. You will have access to these Songs only for as long as we make that Song available generally or for as long as you remain an active member of the Services and are in good standing. We also may remove these Songs from the Services or otherwise restrict your ability to access them.
We respect the rights of intellectual property owners. If you believe that any content on the Services infringes your intellectual property rights or other rights, please contact our Designated Agent for receiving such notifications in writing as follows:
Conure Music, Inc.
PO Box 1868
Los Gatos, CA 95031-1868
Your communication must comply with the "Elements of Notification" requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
Please note that Conure Music has a policy of terminating (in appropriate circumstances) the Accounts of users who we believe are repeat infringers.
VIII. REPORTING TRADEMARK OR OTHER IP VIOLATIONS
If you are a trademark owner or owner of other intellectual property rights and believe that any content on the Services infringes upon your rights, we strongly encourage you to resolve your disputes directly with the user who posted the content in question. You can also submit a written claim of infringement to our Designated Agent, listed above. We may perform a limited review of reasonable complaints and will remove content in clear cases of infringement. To further encourage resolution between users, we will forward each trademark complaint to the uploader before taking any action, giving the uploader the opportunity to address any potential trademark or other intellectual property issues.
If such reports are made against you, we may disable your Account when appropriate and/or terminate your access to the Services if, under appropriate circumstances, you are determined to be a repeat infringer of other people’s trademark or other intellectual property rights.
IX. WARRANTY DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION, OUR CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CONURE MUSIC NOR ANY RELATED COMPANY NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "CONURE MUSIC PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) USER CONTENT, LICENSED CONTENT OR OUR CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES. IN ADDITION, THE CONURE MUSIC PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE CONURE MUSIC PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES CONTENT OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, MALWARE OR VIRUSES.
THE CONURE MUSIC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CONURE MUSIC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES.
X. LIMITATION OF LIABILITY
THE CONURE MUSIC PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, ANY DELAYS ON THE SERVICES, OR THE INABILITY TO USE THE SERVICES, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CONURE MUSIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE CONURE MUSIC PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
XI. LINKS TO OTHER WEBSITES
The Services may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Conure Music, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
Any third party hyperlinks made to the Services must include a clear explanation that the Services are the property of Conure Music and that no relationship to Conure Music, or its subsidiaries and affiliates to the linking site shall be suggested or created by the link.
XII. THIRD PARTY APPLICATIONS
The Services may be integrated with third party applications, websites, and social media services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Conure Music does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
XIII. THIRD PARTY RIGHTS
You acknowledge and agree that the owners of Licensed Content and certain distributors (such as App Store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Conure Music, and in no event shall these Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.
You agree to indemnify, defend and hold harmless Conure Music, Inc., its subsidiaries, affiliates and its officers, employees, contractors, directors, suppliers and representatives from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Conure Music Parties or any third party vendor, arising out of or in connection with: (a) your use of the Services, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the Conure Music Parties under these Terms.
You acknowledge and agree that your App Store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
XV. DISPUTE RESOLUTION – ARBITRATION AGREEMENT
If a dispute arises between you and Conure Music, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. When you have a problem with us, you agree that you will first give us an opportunity to resolve your problem or dispute. You may send a written description of your problem or dispute to: email@example.com. If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the arbitration provisions below.
We will make every reasonable effort to informally resolve any claims, complaints, disputes, or disagreements that you may have with us.
YOU AND CONURE MUSIC AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
The arbitration shall be conducted in Los Gatos, California and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or Conure Music may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Conure Music pending the completion of arbitration.
If any provision of this agreement to arbitrate in this Dispute Resolution Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this Dispute Resolution Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Dispute Resolution Section shall survive any termination of your Account or the Services. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Santa Clara, California. You and Conure Music agree to submit to the personal jurisdiction of the courts located within Santa Clara, California for the purpose of litigating all such claims or controversies.
Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SERVICES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO firstname.lastname@example.org. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
XVI. VOID WHERE PROHIBITED
The Services and its contents are intended to comply with the laws and regulations of the U.S. Although the information on the Services may be accessible outside of the U.S., the information pertaining to Conure Music or any content is intended for use only by residents of the U.S. We reserve the right to limit the provision of our products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on the Services is void where prohibited.
No Waiver. No failure or delay by Conure Music in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. You may not assign these Terms without the prior written consent of Conure Music but we may assign these Terms without any notice to you.
XVIII. CONTACT US
PO Box 1868
Los Gatos, CA 95031-1868