- Legal Agreement
- Additional Terms
- Your Content
- Prohibited Conduct
- Your Account and Your User Information
- Fees That You May Pay
- Submission of Your Ideas and Suggestions
- Links to Third-Party Websites
- Linking to the Sites
- Limitation of Liability
- Notice of Claims of Copyright Infringement
- Governing Law; Jurisdiction; Claim Limitation
- Entire Agreement
- Contact Us
These Terms are a legal agreement between The Band Perry Live, LLC (collectively, "we," "us," or "our") and you, and they contain important information regarding your legal rights, remedies and obligations. By accessing any part of the Sites or using the Services, you acknowledge that you have read and understand these Terms, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use the Sites, and you should discontinue these activities immediately.
We partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, analyzing feedback or questions posted on the Sites, administering our e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under our control.
The Band Perry Live, LLC, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, "TBPL Parties") are the exclusive owners or licensees of all content and materials on the Sites ("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 THE BAND PERRY®, TBP™, TBP Logo™, THE FANS PERRY™ and THE FANS PERRY Logo™ (collectively, "Marks") are the exclusive property of The Band Perry. 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 Band Perry, 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, mobile electronic device or other Internet-compatible device. 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.TheFansPerry.com on" 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.
You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer, mobile electronic device 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, 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 TBPL 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 TBPL 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 you waive and agree to waive any and all moral rights therein; and (iii) agree to indemnify and hold us and the TBPL 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 TBPL 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.
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 TBPL Parties (includes each and all members of The Band Perry), or any other parties 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 TBPL 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 is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (ii) derogatory or harmful to our reputation or to the reputation of the TBPL Parties in any way; or (iii) harmful to children in any manner.
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.
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 INCURRED UNDER YOUR ACCOUNT OR YOUR USER INFORMATON, 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.
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 TBPL 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, and waive and agree to waive any and all moral rights therein. 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.
The Sites contain links to third-party websites (e.g., Facebook, Twitter, YouTube and iTunes). 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.
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.
We administer, control and operate the Sites from our offices in the State of Tennessee, 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 any 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 TBPL Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on 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 TBPL PARTIES WARRANT THAT EITHER THE SITES OR THE 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 TBPL 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 AS A RESULT 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.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY CIRCUMSTANCES THAT MAY RESULT IN A BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR LIABILITY UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL WE OR THE TBPL 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 TBPL Parties' liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE OR THE TBPL 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 AND/OR THE TBPL 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.
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 the Site Content, please send a written communication to our designated copyright agent:
David S. Crow, Esq.
The Band Perry Live, LLC
3310 West End Avenue, Suite 610
Nashville, Tennessee 37203
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- 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
- 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.
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.
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.
You agree that the laws of the United States of America and the laws of the State of Tennessee, 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 TBPL Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Davidson County, Tennessee, 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.
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.
The Band Perry Live, LLC
2818 Azalea Place
Nashville, TN 37204
© 2012-2013 The Band Perry Live, LLC. All Rights Reserved.
THE BAND PERRY®, TBP™, TBP Logo™, THE FANS PERRY™ and THE FANS PERRY Logo™ are trademarks of The Band Perry.
- What is the effective date of this Policy?
- 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?
- If you are a resident of California, what are your California Privacy Rights?
- Does this Policy apply in other countries?
- How can you contact us with questions about this Policy or our privacy practices?
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 (a) posting the revisions to the Sites, or (b) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last updated and effective” 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.
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 the notification to the child’s parent or guardian, and offering the child’s parent or guardian 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 firstname.lastname@example.org. 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.
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 technology, such as “cookies,” “web beacons” and/or “web logs.” You do not need to submit personally identifiable information to access certain areas of the Sites, but certain aspects of the Services will not be accessible if you choose not to disclose certain personally identifiable information to us.
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; request and/or participate in meet-and-greet events; purchase a product; purchase tickets; 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 information that you voluntarily add to your account.
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 allows 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.
How we use your non-personally identifiable information
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.
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. Most mobile devices provide users with the ability to disable location services. If you have questions about how to disable the location services on your mobile device, you may contact your mobile service provider or your device manufacturer.
We may also collect technical information to help us identify your mobile device. 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.
Sharing of information
We may disclose certain elements of your personally identifiable information (e.g., your name and e-mail address) with our affiliated companies, subsidiaries and/or contractors, and their respective employees, agents, contractors and sub-contractors, for the limited purpose of enabling them to communicate directly to you the announcements and information on upcoming events or promotions related to The Band Perry.
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:
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 electronic 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, analyze feedback or questions posted on the Sites, 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 applicable confidentiality and security measures. However, these companies may maintain their own privacy practices and policies.
On-line Sweepstakes and Contests. We may share personally identifiable information collected in connection with on-line contest, sweepstakes or other promotions with the third-party sponsors of such promotions, and as otherwise 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 (e.g., Facebook, Twitter, YouTube and iTunes) linked to any of the Sites. 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.
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.
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 email@example.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 stop receiving them at any time by choosing the “Unsubscribe” link at the bottom of our e-mails, or by writing to us at firstname.lastname@example.org. If you contact us by e-mail 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, which are determined by your mobile service provider. You should contact your provider to determine what charges apply before you sign up to receive our updates via your mobile telephone. If you wish to stop receiving messages from us on your mobile telephone, simply write “STOP” in a reply to our message.
You agree that, in the event that any dispute or claim arises out of or relating to this Policy or our privacy practices, you will attempt in good faith to negotiate a written resolution of the matter directly with The Band Perry Live, LLC and/or our affiliates or subsidiaries, depending on your concern. 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 Nashville, Tennessee, with a mutually chosen mediator, in an attempt to resolve the dispute. Should you file any arbitration claims, any administrative actions, and/or any court actions without first having attempted to resolve your claim by mediation, then you agree that you will not be entitled to recover any costs of the proceeding, including, without limitation, your attorneys’ fees, even if you would otherwise be entitled to them.
We take precautions to protect your information from loss, misuse, unauthorized access, disclosure, alteration or destruction. However, no data transmission over the Internet or through mobile telecommunications 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, numbers and special characters 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.
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 email@example.com or contact us at the address below.
The Sites are designed and intended for access and use by residents of the United States of America. We comply with the 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, by accessing any part of the Sites or using the Services, acknowledge and agreethat the Sites are subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.
If you have any questions about our privacy practices or this Policy, please contact us by e-mail at firstname.lastname@example.org, or by mail at:
Band Perry Live, LLC
2818 Azalea Place
Nashville, TN 37204
© 2012-2013 The Band Perry Live, LLC. All Rights Reserved.
THE BAND PERRY®, TBP™, TBP Logo™, THE FANS PERRY™ and THE FANS PERRY Logo™ are trademarks of The Band Perry.