Terms of Service and Privacy Policy

Terms of Service

Welcome to Grascals.com!  Thank you for visiting, for using our products and services, and for being a part of our community!

This website is operated by Crossroads Entertainment & Marketing, Inc. d/b/a Crossroads Music (Crossroads”). Your use of any website where these Terms of Use are posted (collectively, the “Sites) and of the services provided through the Sites (the Services) is governed by and subject to these Terms of Use (these “Terms).

We do not represent that the Sites are governed by or operated in accordance with the laws of other nations, or that the Sites or any portion of the Sites are appropriate or available for use in any particular location.  If you choose to access the Sites, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Last Updated: July 29, 2013

Legal Agreement

These Terms are a legal agreement between Crossroads (“we,” “usor “our) and you, and they contain important information regarding your legal rights, remedies and obligations.  By accessing, browsing or otherwise using the Sites, you: (i) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Sites; and (ii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside.  If you do not agree to these Terms, you may not access, browse or use the Sites, and you should discontinue these activities immediately. 

We have established and may establish in the future certain additional policies pertaining to specific content or events (the Additional Terms”).  Our Privacy Policy explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the Sites.  The Privacy Policy and the Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms.  By agreeing to these Terms, you are also accepting the terms of the Privacy Policy and the Additional Terms.  

If you have any questions about these Terms, please contact us at care@crossroadsmusic.com.

Ownership

Crossroad, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, the “Crossroads Parties) are the exclusive owners or licensees of all content and materials on the Sites (the “Site Content) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights.  Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.

The trademarks and service-marks GRASCALS™ and THE GRASCALS™ (collectively, the “Marks) are the exclusive property of The Grascals.  Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with The Grascals, or its approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Marks is strictly prohibited by law.  All other trade names, trademarks and service marks that appear on the Sites are the property of their respective owners.

You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device to enable you to use the Sites.  You do not acquire any ownership interests in any Site Content or Marks by accessing, browsing or otherwise using the Sites.  You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks or Site Content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108, 110 and/or by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq. (“Your Exempt Use”).  Your Exempt Use will be, at all times, prominently accompanied by: (1) a copyright notice in the form identical to the copyright notice appearing on the Content that is the subject of your Exempt Use; (2) a credit line in the form of the phrase “Accessed at www.grascals.com on” as appropriate, followed by the date of your access; and (3) the proper trademark rights’ and trademark registration notices, as indicated in the preceding paragraph next to each of the Marks.  

Your Content

You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device.  

Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content).  Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post.  By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and the Crossroads Parties a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we or the Crossroads Parties may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iii) agree to indemnify and hold us and the Crossroads Parties harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms.  You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we and/or the Crossroads Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you.  We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials.  However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law.  We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

Prohibited Conduct

You warrant and agree that, while accessing or using the Sites, you will not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites, the Crossroads Parties (includes each and all members of The Grascals) or otherwise affiliated with us;

  • use an inappropriate username or screen name;

  • insert your own or a third party’s advertising, branding or other promotional content into any Site Content;

  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided through the Sites;

  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;

  • use the Sites or any of their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers;

  • use the Sites or any of their services in violation of our or the Crossroads Parties’ intellectual property or other proprietary or legal rights or the rights of any third party;

  • use the Sites or any of their services in violation of any applicable law;

  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Sites or any of their services; or

  • post, transmit, publish or otherwise disseminate through the Sites any of Your Content that, as we determine in our sole discretion:  (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or to the reputation of the Crossroads Parties in any way; or (iii) is harmful to children in any manner.

Your Account and Your User Information

Some of the Services are only available if you create an account.  When any of the services on the Sites require you to open an account (“Your Account) or otherwise provide user or registration information, including user names and passwords (“Your User Information), you must complete the registration process by providing us with complete and accurate information.  You grant to us and to all other persons and entities involved in the operation of the Sites the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Sites.  Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

You are solely responsible for maintaining the confidentiality of Your User Information.  You are also solely responsible for any and all activities that occur under Your Account or Your User Information.  You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.

We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason.  Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content from the Sites.  You have the right to cancel Your Account at any time.  You may cancel Your Account by following the instructions on the Sites.

If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Sites.  Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.

Fees That You May Pay

Some of the Services require you to pay a fee, the details of which are available in various areas of the Sites that allow you to purchase products, features or services.  If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan.  You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone.  You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information. 

We may revise the pricing for products, services or features offered through the Sites at any time.  Unless otherwise noted, all currency references are in U.S. Dollars.  All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.  If there is a dispute regarding payment of fees to, or products or services provided by, us, Your Account may be closed and Your User Information may be disabled without warning or notice at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART.  YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.

Submission of Your Ideas and Suggestions

While we encourage you to share ideas and suggestions through the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions.  When you share ideas or suggestions through the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions), you hereby grant to us, to the Crossroads Parties, and to our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed.  IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES.

Links to Third-Party Websites

The Sites contain links to websites of third parties and advertisements of third-party products and services.  If you use these links, you will leave the Sites.  These third parties and their websites are not under our control.  We do not examine or evaluate these websites and we are not responsible for their content or operation.  By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability.  You should exercise your own judgment in evaluating and using these websites.  When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

Linking to the Sites

You agree that if you include a link from any website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites.  You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Sites, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding.  We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and revoke your right to link to the Sites.

Disclaimers

We administer, control and operate the Sites from our offices in the State of North Carolina, United States of America.  The Sites are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations.  We make no representation that the Sites and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.  Your access and use of the Sites may not be legal in your jurisdiction.  If you choose to access, browse or use the Sites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.  We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and geographic area.  Any offer for any feature or function made on the Sites is void where prohibited.

The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation.  We and the Crossroads Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Sites.

Some content on these Sites is provided by the users of the Sites.  With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users.  We also do not independently verify the representations and warranties made by the users with respect to such content.

THE SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  NEITHER WE NOR THE CROSSROADS PARTIES WARRANT THAT THE SITES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS.  YOU USE THE SITES AT YOUR OWN RISK.  WE AND THE CROSSROADS PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES.  YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES.

Limitation of Liability

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE CROSSROADS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR INABILITY TO USE THE SITES, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our and the Crossroads Parties’ liability shall be limited to the fullest extent permitted by law.

IN NO EVENT SHALL WE OR THE CROSSROADS PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT).  IN NO EVENT SHALL OUR OR THE CROSSROADS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

Notice of Claims of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.  

To notify us of your claim of copyright infringement with respect to any of Site Content, please send a written communication to our designated copyright agent:

Scott Wagner

Copyright Agent

P.O. Box 829

Arden, NC 28704

Telephone: 828-684-3066

Facsimile: 828-684-4495

E-mail: care@crossroadsmusic.com

Your notice must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification 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.

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim.  We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.

Modifications

We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution of the revisions by electronic mail.  For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure that you are familiar with the most recent version of these Terms.  Your continued use of the Sites after the effective date of the revisions signifies your acceptance of any such revisions.  

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, including, without limitation, Your Account and/or Your User Information.

Assignment

You agree that we may assign any of our rights, and/or transfer, subcontract or delegate any of our obligations, under these Terms.  Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Governing Law; Jurisdiction; Claim Limitation

You agree that the laws of the United States of America and the laws of the State of North Carolina, without regard to the principles of conflict of laws, will govern your use of the Sites, these Terms and all matters relating to your access to, and/or use of, the Sites, including all disputes between you and us and/or the Crossroads Parties.  You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Buncombe County, North Carolina, and the corresponding appellate courts, in any related action or proceeding.

YOU AGREE THAT ANY COURT ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THE SITES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO, AND/OR USE OF, THE SITES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Sites, including, without limitation, our Privacy Policy and Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.  Any rights not expressly granted in these Terms are reserved to us and to the Crossroads Parties.

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Sites and all matters relating to your access to, and/or use of, the Sites.  A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

© 2012 Crossroads Entertainment & Marketing, Inc.  All Rights Reserved.

Privacy Policy

Welcome to Grascals.com!  Thank you for visiting, for using our products and services, and for being a part of our community!  

This website is operated by Crossroads Entertainment & Marketing, Inc. d/b/a Crossroads Music (Crossroads” and/or “we,” “usor “our).  We respect your privacy and share your concern for its protection.  This Privacy Policy (this “Policy) explains how we collect, use and protect information that we learn about you as a result of your interaction with us through the websites on which this Policy is posted (collectively, the “Sites) and the services provided through the Sites (the “Services).  

We comply with United States privacy laws and regulations.  We do not represent that the Sites are governed by or operated in accordance with the laws of other nations, or that the Sites or any portion of the Sites are appropriate or available for use in any particular location.  If you choose to access the Sites, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.  Visitors to the Sites from outside the United States acknowledge and agree by using the Sites that the Sites are subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.

By accessing any part of the Sites or using the Services, you agree to this Policy. This Policy is part of the Terms of Use governing your use of the Sites and Services.  Please read the Terms of Use.   If you do not agree with any part of this Policy, please do not use the Sites or the Services. 

Last Updated: July 29, 2013

This Policy is effective as of the date set forth above and is only applicable to the Sites and not to any other website that you may be able to access from any of the Sites which may have its own data collection and use practices and policies.  We reserve the right to modify this Policy at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution by electronic mail.  For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of this Policy to ensure that you are familiar with the most recent version of this Policy.  Your continued use of any of the Sites or Services after the effective date of the revisions signifies your acceptance of any such changes or revisions. You can address your questions or concerns regarding this Policy to care@crossroadsmusic.com.

This Policy applies solely to our online information gathering and disclosure practices in connection with the Sites, and does not apply to any of our practices conducted offline.

This Policy answers the following questions:

  • What is our policy on children’s privacy?
  • What information do we collect about you and how do we use it?
  • Will we share your personally identifiable information with third parties?
  • What choices do you have about the collection and use of your personally identifiable information?
  • What security measures do we take to safeguard your personally identifiable information?
  • What are your California Privacy Rights?
  • How can you contact us?

What is our policy on children’s privacy?

The Sites are not for children under 13 years of age.  However, there are some areas of the Sites that may be attractive to children under 13.  We do not condition participation by a child of any age in any activity or any of the services available on or through the Sites on the disclosure of more personally identifiable information than is reasonably necessary to participate in an activity.  We do not knowingly collect personally identifiable information from users of the Sites who are under 13 years of age.  No personally identifiable information should be submitted to or posted at the Sites by visitors under 13 years of age without the prior written consent of their parent or guardian. If we receive an e-mail message from a child who discloses, or is otherwise known to us, to be under 13 years of age, we may, without the consent of the child’s parent or guardian:

  • Respond to a one-time request from the child;

  • Provide notice of the child’s communication to the child’s parent or guardian;

  • Use this information as may be necessary to ensure the safety of the child on the Sites; or

  • Send our electronic periodical publications and materials, with notification to the child’s parent or guardian and the opportunity to discontinue any future delivery of the above information.

Any parent or guardian of a child under 13 years of age who has provided personally identifiable information to us may request a description of the personally identifiable information that has been collected from or about that child, and either limit or restrict any further maintenance or use of such information from that child and/or direct us to delete it.  Also, a parent may decline to allow any future collection of personally identifiable information from that child.  Such requests can be made by contacting us at care@crossroadsmusic.com. We will take reasonable measures to verify that the requesting party is, in fact, the parent or guardian of the child in question before providing a child’s personally identifiable information to such person. 

A parent may also access the personally identifiable information that has been collected by us through accessing the “My Account” area of that parent’s child’s account by logging into the Sites with that child’s account name and password.

We will not knowingly use or disclose any personally identifiable information of a child under 13 years of age for any purpose except as described above.    

What information do we collect about you and how do we use it?

The types of information we collect and how we collect it

By accessing or using the Sites, you may provide us with two types of information: (1) personally identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, e-mail address and credit card information; and (2) non-personally identifiable information, which we collect through the use of the technology called “cookies,” “web beacons” and/or “web logs.”  You do not need to submit personally identifiable information to access certain areas of the Sites, but if you do not want to disclose certain personally identifiable information to us, you will not be able to access certain aspects of the Services.

We collect personally identifiable information when you create an account, subscribe to our mailing list, participate in chat rooms, forums, polls, surveys, and questionnaires, participate in contests, sweepstakes, or other promotions, purchase a product, contact us, or receive customer or technical support.  

To subscribe to our mailing list, you will need to provide your e-mail address, the country of your primary residence, your postal code and your date of birth.  You will also need to create a screen name and password to access some of the other Services.  When you are purchasing products, you will need to provide your name, address, e-mail address and phone number and, additionally, we or one of our third-party payment or fulfillment service providers will ask for your shipping and billing address and credit card, debit card or other payment information. 

We may also collect other types of information (known as demographic information) such as your gender, hobbies and interests. This demographic information may be associated with your personally identifiable information.

How we use your personally identifiable information

The personally identifiable information that you provide to us will allow us to fulfill your product or service order, contact you about your account or your order of our products or services, alert you of new products or services, features or enhancements, notify you of changes in the Services, handle/route your customer service questions or issues, and/or inform you of contests, promotions, or special events and offers.   

We keep track of your interactions with us, including, but not limited to, your activity within the Services.  We may use information relating to your interactions with us to generate information about the popularity of certain Services and how users of the Sites utilize different aspects of the Services (“Popularity Data).  We may use this Popularity Data to design, develop and implement additional services and features of the Sites and to improve the Services.  Popularity Data may be associated with your account and we may provide a point system in which your account earns points through the amount of Popularity Data your account has achieved.  These points may be displayed with the account information that is publicly displayed to other end users of the Sites, such as when you participate in a forum in the Sites, but we do not disclose the Popularity Data itself as associated with your account. 

We may use personally identifiable information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Services. 

How we use your non-personally identifiable information

Cookies

We use “cookies” to collect information, on an aggregate basis, about how the Sites are used. This information may include the date and time of visits to the Sites and time spent on the Sites. The use of “cookies” allows us to personalize your use of the Sites and to provide greater convenience each time that you visit.  Additionally, advertisements that are managed by third parties which may appear on the Sites use cookies.  Advertisers use cookies to collect non-personal information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information from cookies used by these advertisers on the Sites and this information may permit us to identify other sites that you have visited that are also associated with such advertisers. 

You may choose to disable cookies on your computer, block all cookies, or receive a warning before a cookie is stored on your computer (please consult instructions for your web browser). However, if you disable or block cookies, it is possible that some parts of the Services will not be accessible to you.

Log Information 

Our servers automatically record information that your browser sends whenever you visit the Sites.  This information includes your Internet Protocol address, your geographic location, your browser type and version, which Sites and/or Services you use and when and how long you use them.  We use this information to monitor and analyze how users use the Sites and Services, to provide customer service and to maintain and improve the Services.

Will we share your personally identifiable information with third parties?

Sharing of information

We may disclose certain elements of your personally identifiable information (e.g., your name and e-mail address) with The Grascals and members of its management team, its employees, agents, contractors and sub-contractors, and its companies and subsidiaries, and their respective employees, agents, contractors and sub-contractors, for the limited purpose of enabling them to communicate directly with you about upcoming musical performances, personal appearances, contests, sweepstakes, promotions, announcements and other special events.

We may use your personally identifiable information to provide analyses of our users in the aggregate to prospective partners, advertisers and other third parties.  We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally identifiable information about customers. 

In addition, we will share the personally identifiable information we collect from you under the following circumstances:

  • Protection of rights.  We will share personally identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Use for the Sites, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Services or others.

  • Asset transfers.  If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally identifiable information collected from you through your use of the Services, could be included in the transferred assets.  Should such an event occur, we will use reasonable means to notify you, either through e-mail and/or a prominent notice on the Sites.

  • Service Providers.  We may share your personally identifiable information with service providers that we engage for the purpose of processing information on our and your behalf.  For example, we have partnered with other companies to sell products through the Services, fulfill product orders, process payments and administer our e-mail announcements.  Additionally, we may partner with other companies to process consumer surveys; fulfill prizes; or to process, analyze and/or store data.  While providing services for us, these companies may access your personally identifiable information.  To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures. 

  • On-line Sweepstakes and Contests. We may share personally identifiable information collected in connection with on-line contests, sweepstakes or other promotions with the third-party sponsors of such promotions, or otherwise as set forth in the Official Rules applicable to the promotion.  You should carefully review the Official Rules of each promotion in which you choose to participate through the Sites, as they may contain additional important information about a third party’s use of your personally identifiable information.  To the extent any Official Rules conflict with this Policy, the Official Rules will govern that particular promotion.

Additional information you should know about third parties

This Policy does not cover the information practices of third-party websites linked to any of the Sites. Although we encourage such third parties to adopt and follow their own privacy policies, we do not control, and are not responsible for, their collection and use of your personally identifiable information.  You should refer to the privacy policies and statements of other websites to obtain information regarding their information collection, use and disclosure policies. 

When you click on an advertisement or third-party logo displayed on the Sites that links you to a different website, this Policy no longer applies and you must read the privacy policy of the advertiser or third party to see how your personally identifiable information will be handled on their website.

The Services may also have message boards, forums and/or chat areas, where users can exchange ideas and communicate with one another.  When you post to a message board, forum or chat area, please be aware that the information you post is made publicly available on-line and you do so at your own risk.

 

What choices do you have about the collection and use of your personally identifiable information?

Control of your information

You may access, update or delete your personally identifiable information or modify your account preferences for the Services by accessing the “My Account” area of the Services or by contacting us at care@crossroadsmusic.com.  Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. Please also understand that, once deleted, your information may not be available on the Sites but may remain stored indefinitely in our databases.

Opting out of receiving communications from us

If you no longer want to receive our announcements by e-mail, you may unsubscribe from receiving them at any time by choosing the “Unsubscribe” link at the bottom of our e-mails, or by writing to us at care@crossroadsmusic.com.  If you e-mail us to change your contact preferences, we will implement your requested changes in a reasonable time frame.  Please note that your requested changes will not be effective until we implement such changes.  Please also note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan.  You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone.  If you wish to stop receiving messages from us on your mobile phone, simply reply to the message with “STOP.”

Mediation

If you are a resident of a country outside of the European Economic Area, you also agree that, in the event any dispute or claim arises out of or relating to this Policy, you will attempt in good faith to negotiate a written resolution of the matter directly with us.  You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in Buncombe County, North Carolina, with a mutually agreed mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees or costs, even if you would otherwise be entitled to them.

Dispute resolution for residents of the European Economic Area

If you are a resident of the European Economic Area (“EEA), in the event that you have any dispute or claim arising out of or relating to this Policy, you may report your claim to the Data Protection Authority located in your jurisdiction. 

 

What security measures do we take to safeguard your personally identifiable information?

The personally identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information.  In addition, we restrict access to personally identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Sites and Services.  All personnel who have access to this information are trained in the maintenance and security of such information.  However, no data transmission over the Internet can be guaranteed to be completely secure, and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us.  You can help protect your personally identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off and closing your web browser when you are finished with the use of the Sites.

European Commission’s Directive on Data Protection – Safe Harbor

We adhere to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection.  For more information on the Safe Harbor framework, visit the Department of Commerce’s website located at http://www.export.gov/safeharbor/.

Your California Privacy Rights

Under the California Civil Code, residents of the State of California who have provided any personally identifiable information to us have the right to request a list of all third parties to whom we have disclosed personally identifiable information during the preceding year for direct marketing purposes.  If you are a California resident and wish to make such a request, please send an e-mail to care@crossroadsmusic.com or contact us at the address below.

How can you contact us?

If you have any questions about our privacy practices or this Policy, please contact us at:


Crossroads
P.O. Box 829
Arden, NC 28704

Telephone: 828-684-3066
E-mail: care@crossroadsmusic.com

© 2013 Crossroads Entertainment & Marketing, Inc.  All Rights Reserved.

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