TERMS OF USE

PLEASE READ THE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN PRESCRIPTIVE MUSIC, LLC. (“RX MUSIC”) AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. CONTINUED USE OF OUR SITES CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.

•  Use of the Site
You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.

•  Login; Registration
RX MUSIC may make certain services available to individuals who register on the Site (“Registered Users”) and general visitors to the Site (“Visitors”) (Registered Users and Visitors are collectively referred to as “Users”). For example, Registered Users may be able to receive and search information regarding current offers and manage their accounts and offers.

RX MUSIC may also make certain forums available on the Site that allow Registered Users the opportunity to post information on bulletin boards (collectively, “Forums”). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such Users. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

•  Internet Access
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. RX MUSIC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

•  Intellectual Property
This Site and its contents (“Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site and the Content are the sole property of RX MUSIC or its affiliates or partners. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also protected by such copyright laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. RX MUSIC does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content.

•  Limitations on Use
You agree not to access or use the Site or Content to:

a. Transmit or communicate any data that is unlawful, harmful, threatening, abusive, misleading, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to other users;

d. Upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment;

e. In any manner that in RX MUSIC's judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site or the Contents;

f. In a manner not expressly permitted under the Terms.

Additionally, if, in RX MUSIC's sole discretion, you choose a login name that is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your login name, delete your posts from our sites, discontinue or suspend you access to our sites, or any combination of these options.

•  Unauthorized Access
Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

•  Termination
RX MUSIC may discontinue or suspend the Site at any time without notice, and RX MUSIC may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.

•  Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS”. RX MUSIC, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE AND ITS CONTENT. RX MUSIC AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE.  NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY RX MUSIC IN THE TERMS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

•  Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RX MUSIC, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RX MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

•  Indemnity
You agree to defend, indemnify and hold harmless RX MUSIC, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

•  Link to Other Sites
From time to time, RX MUSIC may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by RX MUSIC. RX MUSIC makes no representations concerning the information provided nor does RX MUSIC endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. RX MUSIC expressly disclaims all liabilities associated with these third party websites and product or services.

•  Governing Law; Venue and Jurisdiction
The Terms shall be governed and construed in accordance with the laws of the State of RX MUSIC without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the County of Los Angeles , State of California for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto.

•  Privacy Policy
The RX MUSIC Privacy Policy governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available below.

•  Relationship
You acknowledge and agree that Your access and use of the Site does not create any agency, partnership or joint venture relationship between the You and RX MUSIC.

•  Severability; Waiver
In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

•  Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between You and RX MUSIC, these Terms constitute the entire agreement between You and RX MUSIC with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

•  Notices
All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when: (a) delivered by hand (with written confirmation of receipt); (b) sent by fax (with written confirmation of receipt) or electronic mail (with a reply confirming receipt), provided that a copy is mailed by registered mail, return receipt requested; or (c) when received by the addressee, if sent by a nationally recognized overnight delivery service (receipt requested). Notices shall be delivered to You at Your address on record with RX MUSIC . You may provide notices to RX MUSIC via email to legal@RXmusic.com or by writing to Website Administrator , c/o Prescriptive Music,  22020 Clarendon St. Suite 201 Woodland Hills, CA 91367.

 

PRIVACY POLICY

Prescriptive Music, LLC. (“RX MUSIC”) takes your privacy very seriously. Please read the following to learn more about RX MUSIC's Privacy Policy (“Policy”). This Policy details how RX MUSIC receives, collects and uses information in connection with their website (“Site”).

Collection and Use of Information
RX MUSIC collects and stores information from you in a several ways on different parts of our Site.

Information You Provide:

When you register on the Site, you will be asked to provide personally identifiable information, which may include your name, email address, age, gender, address, telephone number(s), areas of interest, login name, login password and other self-identifying information (all “Personal Information”). RX MUSIC collects Personal Information primarily for the following purposes: (i) to maintain a record of registered users, (ii) to email registered users with news and updates regarding new software and video games and (iii) to email promotional offers. In addition, RX MUSIC may also collect information about you in surveys or for sweepstakes and contests on the Site and information about the searches you perform, promotional offers you choose and the pages you visit on the Site.

RX MUSIC may also make certain message boards and forums available to you (collectively, “Forums”). You are solely responsible for the information and other content you post on and through these Forums and should be aware that when you voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, such information is generally accessible to and may be collected and used by other users. This Privacy Policy will not cover such disclosure of information. You are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

Information We Automatically Collect:

RX MUSIC automatically receives and records certain non-personally identifiable information on its server logs from your browser, including your IP address, cookie information, and the webpage that you visit. RX MUSIC collects non-personally identifiable information for general purposes, including but not limited to customizing the advertising and content you see, conducting research, and providing anonymous reporting to internal and external clients. The server logs do not record any Personal Information.

Sharing and Disclosure of Information
RX MUSIC does not rent, sell, or share Personal Information with other non-affiliated third-parties. RX MUSIC may disclose Personal Information under the following circumstances:

1. RX MUSIC may provide Personal Information to trusted third-party who work on behalf of or with RX MUSIC. RX MUSIC attempts to ensure that such companies agree to maintain confidentiality, security and integrity of the Personal Information obtained from RX MUSIC. These companies do not have any independent right to share the Personal Information.

2. RX MUSIC may choose various third-party websites to link from the Site. RX MUSIC has no control over these linked sites, each of which has a separate privacy and data collection practice, independent of RX MUSIC. As such, RX MUSIC is not responsible for, or have any control over, the content or the privacy policies of these third-party websites. RX MUSIC encourages you to read the privacy policies of each and every website that you visit when linking from RX MUSIC's website. This Privacy Policy applies solely to information collected by RX MUSIC.

3. RX MUSIC may disclose, sell or transfer Personal Information in connection with an assignment, sale, joint venture, or other transfer or disposition of some or all of RX MUSIC's assets.

4. At times RX MUSIC may be required by law or litigation to disclose your Personal Information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance that disclosure of information is necessary.

Opt-in
When you register on the Site, you will have the opportunity to opt-in, if you wish to receive communications from RX MUSIC or affiliated third-parties. If you choose not to opt-in, you will not receive any communication from RX MUSIC or affiliated third-parties. You may change your election at any time by modifying your preferences on your user profile or by sending an email to legal@RXmusic.com. By choosing to opt-in, you consent to the collection and use of all Personal Information collected by RX MUSIC.

Children's Privacy
Protecting the privacy of the very young is especially important. RX MUSIC operates the Site in compliance with the Children's Online Privacy Protection Act (COPPA).
RX MUSIC does not knowingly, directly or indirectly, collect or maintain Personal Information at or on our website from children under the age of 13. No part of the Site is directed at or structured to attract anyone under 13.

Security
RX MUSIC takes reasonable precaution to protect Personal Information from misuse, loss and unauthorized access. Although RX MUSIC cannot guarantee that Personal Information will not be subject to unauthorized access, RX MUSIC has physical, electronic, and procedural safeguards to protect the Personal Information. Personal Information is protected by secured networks and access is limited to a few authorized employees and personnel.

Changes to Policy
From time to time, RX MUSIC may revise this Policy. RX MUSIC will post the revised Policy on the Site, so that you can always be aware of what information RX MUSIC collects, how the information is used and under what circumstances such information may be disclosed.

Contact Information
Please direct all questions in connection with this Policy via email to legal@RXmusic.com or by writing to “Website Administrator”, Attention: Privacy Policy Administrator, c/o PRESCRIPTIVE MUSIC, LLC 5900 Canoga Ave. Suite 300 Woodland Hills, CA 91367.