TERMS OF SERVICE
LAST UPDATED: May 31, 2019
This website, http://www.brothersosborne.com/ (“Site”), is operated by Bros Media LLC. Throughout these Terms (defined below) and this Site, the terms “we”, “us” and “our” refer to Bros Media LLC. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Site. If you do not agree to these Terms, then you may not access the Site or use any of the provided Service.
Any new features or tools which are added to the current Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store, available via the Site, is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products (defined below) and services to you. You must also review Shopify’s terms of service available at https://www.shopify.com/legal/terms. Other Products or services made available on the Site (e.g., premium memberships or subscriptions) may be purchased through our third party payment provider, Stripe. You should also review Stripe’s terms of service available at https://stripe.com/ssa.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - SITE TERMS AND GENERAL CONDITIONS
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Service. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.
You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Site or any portion of the Site to any third party. You may use the Site only for your personal, non-commercial purposes. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including, but not limited to copyright laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet.
We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses, or for any reason in our sole discretion.
We reserve the right to refuse the Service to anyone for any reason at any time.
SECTION 2 – OWNERSHIP
As between you and us, we and/or our vendors and content suppliers, as applicable (“Suppliers”), retain all right, title and interest in and to the Site, Service and Products, all material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software, and all related intellectual property rights. We and our Suppliers reserve all rights not granted in these Terms. Unless you obtain our prior written consent, you may not copy, distribute, publicly perform, publicly display or create derivative works from any work made available or accessible via the Site, the Service or Products.
All trademarks, logos, service marks, graphics and other content (“Site IP”) displayed or otherwise published on or through the Site, Service and Products are our property or the property of our Suppliers. You are not permitted to use the Site IP without our prior written consent or the consent of such third party which may own the Site IP.
You may have the opportunity to submit data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") on the Site via means provided by us or a third party. By uploading, submitting or displaying Content on any part of the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Content for any purpose on or in connection with the Site.
You are solely responsible for your conduct and any Content you provide to us, and you agree to indemnify and hold us harmless as well as all of our employees, members, directors or managers, shareholders, agents and representatives, affiliates, successors, and designees with respect to any claim based upon the transmission of such Content or other activity conducted on, through or in connection with the Site. We reserve the right to remove any Content for any or no reason whatsoever, and all such Content shall be subject to our DMCA policy provided in Section 12 below.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk and we disclaim all liability with respect to same.
SECTION 4 - MODIFICATIONS TO THE SERVICE
We reserve the right at any time to discontinue the Site and Service (or any part or content thereof) without notice at any time, and we additionally reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services listed on the Site (“Products”) may be available exclusively online through the Site, and their descriptions and prices are each subject to change without notice. These Products may have limited quantities and are subject to return or exchange only according to our Return Procedures (as described below).
We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to modify, suspend or discontinue the sale of any Product with or without notice or limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any Product or service made on this Site is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
Payments for accepted orders will be processed through one of our third party payment processors (i.e., Shopify or Stripe), as applicable, using your credit or debit card, a prepaid gift card, or other applicable payment method. For each Product you order, you agree to pay the price applicable for the Product as of the time you submitted your order, the shipping, handling and delivery fees for the delivery services you select, and any applicable Taxes (defined below). Our third party payment processor(s) will automatically bill your credit card, or other payment option, submitted as part of the order process for such amounts and you hereby authorize them to do so. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld. All payments are non-refundable except as provided below, or otherwise in accordance with the Company’s written policies. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy will be a refund of any funds previously remitted to us by you in connection with the canceled order.
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by us are estimates.
We will accept returns only in accordance with our “Return Procedures” located at https://brothersosborne.zendesk.com.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, Products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), those become our exclusive property, and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments and/or any other Content you submit to the Site will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
We do not accept or consider unsolicited sound recordings, musical compositions or any other creative materials (each a, “Submission”). If, despite our policy, you still have submitted an unsolicited Submission to us, then we will not be obligated to treat your Submission as confidential or proprietary and, by making such a Submission, you will be deemed to have acknowledged that (i) we have no obligation and shall not be liable to you or to any person claiming through you based on such Submission and (ii) you relinquish any claim whatsoever based upon your Submission.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site, should be taken to indicate that all information in the Service or on the Site has been modified or updated.
SECTION 12 – DMCA
We respect other people's rights, and expect you to do the same. If you believe that any Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”):
· Your name, address, telephone number, and (if available) email address;
· A description of the copyrighted work that you claim has been infringed;
· The exact URL or a description of each place where alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
· Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
· A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our Copyright Agent at the following address:
Bros Media LLC.
Attention: Copyright Agent
PO Box 340020
Nashville, TN 37203
If we are notified that any Content infringes another’s intellectual property rights, we may remove such Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your access to the Site and Service for submitting infringing Content in violation of these Terms once or on a repeated basis.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site and Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site and Service will be accurate or reliable.
You agree that from time to time we may remove the Site and Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site and Service is at your sole risk. The Site, Service and all Products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BROS MEDIA LLC.. our directors, officers, MANAGERS, MEMBERS, PARTNERS, employees, affiliates, SUBSIDIARIES, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the service, or for any other claim related in any way to your use of the Service or any Product, 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 the Service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL BROS MEDIA LLC. BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES OR DELAYS, COMPUTER EQUIPMENT FAILURES, TELECOMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, OTHER ACTS OF NATURE, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bros Media LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the state of Tennessee, U.S.A., without regard to conflicts of laws principles.
SECTION 19 - CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at firstname.lastname@example.org.