SOUND STAGE STUDIOS LIVE
TERMS AND CONDITIONS
Welcome to the terms and conditions (“Terms”) for Sound Stage Studios Live. These Terms are between you and Sound Stage Studios, LLC and/or its affiliates (“Sound Stage” or “Us”) and govern our respective rights and obligations. Please note that your use of the SoundStageStudiosLive.com website and Sound Stage Studios Live membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the SoundStageStudiosLive.com and/or BlackRiverEnt.com website, all of which (as changed over time in the sole and complete discretion of Sound Stage) are incorporated into these Terms. If you sign up for a Sound Stage Studios Live membership, you accept these terms, conditions, limitations and requirements.
• Conditions of Use
• Privacy Notice
You may cancel your Sound Stage Studios Live membership any time by visiting Your Account and adjusting your membership settings. If you cancel within three (3) business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of Sound Stage Studios Live benefits used by you and your account during this three (3) day business day period. If you cancel at any other time, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of Sound Stage Studios Live benefits since your latest Sound Stage Studios Live membership charge.
• We reserve the right to accept or refuse membership in our sole discretion.
• We may send you email and other communications related to Sound Stage Studios Live and your Sound Stage Studios Live membership (regardless of any settings or preferences related to your Sound Stage Studios account).
• You may not transfer or assign your Sound Stage Studios Live membership or any Sound Stage Studios Live benefits, including promotion codes for Sound Stage Studios Live memberships or benefits, except as allowed in these Terms.
• Sound Stage Studios Live members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Sound Stage Studios Live benefits.
• Members will have no ownership interests whatsoever in any content available or accessible to member by virtue of the Sound Stage Studios Live membership.
• From time to time, Sound Stage may choose in its sole discretion to add or remove Sound Stage Studios Live membership benefits.
Fees and Renewal
The membership fees for Sound Stage Studios Live are stated in the links set forth above. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Sound Stage Studios Live membership fee is non-refundable except as expressly set forth in these Terms. Various state, federal, and local taxes may apply on either or both of the membership fees.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SOUND STAGE STUDIOS LIVE MEMBERSHIP WILL AUTOMATICALLY CONTINUE, AS APPLICABLE, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
We may in our discretion change these Terms, SoundStageStudiosLive.com’s Conditions of Use and Privacy Notice, or any aspect of Sound Stage Studios Live membership, without notice to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR UNEQUIVOCAL ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Sound Stage Studios Live membership at our complete and sole discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our sole and complete discretion, violates these Terms or any applicable law, involves fraud or misuse of the Sound Stage Studios Live membership, or is harmful to our interests or another user, member, or participant. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SOUNDSTAGESTUDIOSLIVE.COM’S CONDITIONS OF — USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SOUND STAGE STUDIOS LIVE. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SOUND STAGE STUDIOS LIVE MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Producer’s Chair members are subject to all of the above Terms, except as explained in this paragraph. As used in these Terms, “Sound Stage” applies to all Sound Stage Studios Live membership programs, including Producer’s Chair. In addition to Sound Stage Studios Live benefits detailed above, Producer’s Chair members have access to certain products. Producer’s Chair benefits are subject to the same limitations as Sound Stage Studios Live benefits, which are subject to change. The membership fee for Producer’s Chair is stated in our pages linked above. From time to time, we may offer different Producer’s Chair membership terms, and the fees for such membership may vary. Producer’s Chair members are governed by other applicable terms, conditions, limitations, and requirements, all of which (as changed over time in Sound Studios sole discretion) are incorporated into these Terms.
Conditions of Use
Welcome to SoundStageStudiosLive.com. Sound Stage Studios Live, Sound Stage Studios, Black River Entertainment, LLP and/or their affiliates (“Sound Stage”) provide website features and other products and services to you when you visit or shop at SoundStageStudiosLive.com, use Sound Stage products or services, use Sound Stage applications for mobile, or use software provided by Sound Stage in connection with any of the foregoing (collectively, “Sound Stage Services”). Sound Stage provides the Sound Stage Services subject to the following conditions.
By using Sound Stage Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Sound Stage Services, and sometimes additional terms may apply. When you use an Sound Stage Service (for example, Your Profile, Sound Stage Video, Your Media Library, or Sound Stage applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Sound Stage Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Sound Stage Services, to understand our practices.
When you use any Sound Stage Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Sound Stage Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Sound Stage Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software is the property of Sound Stage or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Sound Stage Service is the exclusive property of Sound Stage and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Sound Stage trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sound Stage Service are trademarks or trade dress of Sound Stage in the U.S. and other countries. Sound Stage’s trademarks and trade dress may not be used in connection with any product or service that is not Sound Stage’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sound Stage. All other trademarks not owned by Sound Stage that appear in any Sound Stage Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sound Stage.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Sound Stage or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Sound Stage Services. This license does not include any resale or commercial use of any Sound Stage Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sound Stage Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sound Stage or its licensors, suppliers, publishers, rights holders, or other content providers. No Sound Stage Service, nor any part of any Sound Stage Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sound Stage. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sound Stage without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sound Stage’s name or trademarks without the express written consent of Sound Stage. You may not misuse the Sound Stage Services. You may use the Sound Stage Services only as permitted by law. The licenses granted by Sound Stage terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Sound Stage Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Sound Stage Services only with involvement of a parent or guardian. Sound Stage reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any submission or other content. Sound Stage reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Sound Stage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right, but no obligation, to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sound Stage and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sound Stage for all claims resulting from content you supply in any manner or form whatsoever. Sound Stage has the right but not the obligation to monitor and edit or remove any activity or content. Sound Stage takes no responsibility and assumes no liability for any content posted or submitted by you or any third party.
Sound Stage respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
Any items purchased from Sound Stage, if applicable, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Sound Stage attempts to be as accurate as possible. However, Sound Stage does not warrant that product or content descriptions or other content of any Sound Stage Service is accurate, complete, reliable, current, or error-free. If a product or content offered by Sound Stage itself is not as described, your sole remedy is to return it in unused condition or notify us of same.
With respect to items sold by Sound Stage, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Sound Stage is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Sound Stage, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
SOUND STAGE SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Sound Stage Services (the “Sound Stage Software”).
Parties other than Sound Stage may operate stores, provide services, or sell product lines through the Sound Stage Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Sound Stage does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SOUND STAGE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOUND STAGE SERVICES ARE PROVIDED BY SOUND STAGE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SOUND STAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOUND STAGE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOUND STAGE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR — USE OF THE SOUND STAGE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOUND STAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOUND STAGE DOES NOT WARRANT THAT THE SOUND STAGE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOUND STAGE SERVICES, SOUND STAGE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SOUND STAGE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. SOUND STAGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF ANY SOUND STAGE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SOUND STAGE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Sound Stage Service, or to any products or services sold or distributed by Sound Stage or through SoundStageStudiosLive.com will be resolved by binding arbitration, rather than in court, at the election of Sound Stage, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent National Corporate Research, Ltd., Inc., 992 Davidson Drive, Suite B, Nashville, Tennessee 37205-1051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Sound Stage has the right to seek attorney’s fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Sound Stage Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sound Stage.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Sound Stage Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Sound Stage Studios Live
12 Music Circle South
Nashville, Tennessee 37203-4313
How to Serve a Subpoena
If you have a subpoena to serve on Sound Stage, please note that Sound Stage does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Sound Stage, preferably by mailing the subpoena to Sound Stage’s national registered agent as set forth herein. Please find below the Tennessee address for National Corporate Research, Ltd., Inc.:
National Corporate Research, Ltd., Inc.,
992 Davidson Drive, Suite B,
Nashville, Tennessee 37205-1051.
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information;
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form . We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sound Stage’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Sound Stage Legal Department
12 Music Circle South
Nashville, Tennessee 37203
Please note that this procedure is exclusively for notifying Sound Stage that your copyrighted material has been infringed.
Additional Sound Stage Software Terms
1. Use of the Sound Stage Software. You may use Sound Stage Software solely for purposes of enabling you to use and enjoy the Sound Stage Services as provided by Sound Stage, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Sound Stage Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Sound Stage Software or otherwise assign any rights to the Sound Stage Software in whole or in part. You may not use the Sound Stage Software for any illegal purpose. We may cease providing any Sound Stage Software and we may terminate your right to use any Sound Stage Software at any time. Your rights to use the Sound Stage Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Sound Stage Software that are specifically identified in related documentation may apply to that Sound Stage Software (or software incorporated with the Sound Stage Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Sound Stage Service is the property of Sound Stage or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Sound Stage Software, whether in whole or in part, or create any derivative works from or of the Sound Stage Software.
4. Updates. In order to keep the Sound Stage Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Sound Stage Software, if applicable. If you are a U.S. Government end user, we are licensing the Sound Stage Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Sound Stage Software are the same as the rights we grant to all others under these Conditions of Use.
What Personal Information About Members or Visitors Does Sound Stage Gather?
The information we learn from customers or members helps us personalize and continually improve your Sound Stage experience. Here are the types of information we gather.
• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, improving your user experience, and communicating with you.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses SoundStageStudiosLive.com or advertisements and other content served by or on behalf of SoundStageStudiosLive.com on other Web sites.
• Mobile: When you download or use apps created by Sound Stage or our affiliates, parents, or subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Sound Stage if your computer supports such capabilities. We also compare our customer and member list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers and members. If you do not want to receive e-mail or other mail from us, please adjust your Account Preferences.
• Information from Other Sources: We might receive information about you from other sources and add it to our account information.
What about Cookies?
• Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as personalized advertisements on other Web and storage of items in Your Account.
Does Sound Stage Share the Information It Receives?
Information about our customers and members is an important part of our business, and we are not in the business of selling it to others. We share customer and member information only as described below and with affiliates that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
• Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses operate stores at SoundStageStudiosLive.com or sell offerings to you at SoundStageStudiosLive.com. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
• Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering content, sending e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Promotional Offers: Sometimes we send offers to selected groups of SoundStageStudiosLive.com customers or members on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Account Preferences.
• Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer or member information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that SoundStageStudiosLive.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
• Protection of Sound Stage and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Sound Stage, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure is Information About Me?
• We work to protect the security of your information during transmission.
• We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
What About Third-Party Advertisers and Links to Other Websites?
Our site includes third-party advertising and links to other Web sites.
Which Information Can I Access?
Sound Stage gives you access to a broad range of information about your account and your interactions with Sound Stage for the limited purpose of viewing and, in certain cases, updating that information.
What Choices Do I Have?
• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Sound Stage features.
• You can add or update certain information on pages such as those referenced in the Which Information Can I Access? section. When you update information, we usually keep a copy of the prior version for our records.
• If you do not want to receive e-mail or other mail from us, please adjust your Account Preferences . (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Sound Stage, and it is your responsibility to review them for changes.)
• If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please adjust your Account Preferences .
Are Children Allowed to Use SoundStageStudiosLive.com?
If you are under 18, you may use SoundStageStudiosLive.com only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit Sound Stage or SoundStageStudiosLive.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Tennessee. If you have any concern about privacy, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
1. THE SERVICE
2. COMPATIBLE DEVICES
In order to stream, access, or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. GEOGRAPHIC VARIABILITY
Due to technical and other restrictions imposed by content providers, the Service may be available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location. Producer’s Chair will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
4. DIGITAL CONTENT
a. General. The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period (for example, through SoundStageStudioLive.com or other subscription or standalone video subscription offering) (“Subscription Digital Content”), (ii) rent Digital Content for viewing over a limited period of time (“Rental Digital Content”), (iii) purchase Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”), and/or (iv) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
b. Usage Rules. Your use of Digital Content is subject to the Sound Stage Usage Rules (the “Usage Rules”). The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period”) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
c. Subscriptions/Memberships. Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(d) below. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription on the primary Service website. Some of the subscription services that we offer are from third parties. Third parties that provide subscription services may change or discontinue the features of their services or the content in their services. Producer’s Chair, Sound Stage, LLC and its affiliates or subsidiaries are not responsible for the content contained in any third-party subscription service or the features of these services.
d. Cancellation of Subscriptions/Memberships
You may cancel a subscription or membership service any time by visiting Your Account and adjusting your membership settings, by contacting Sound Stage, or by using any cancellation form that we make available to you. If you cancel within 3 business days of signing up for, or converting from a free trial to, a paid membership (or, for customers in the European Union, within 14 days of receiving confirmation of your subscription or membership service), we will refund your full membership fee; except that we may charge you (or withhold from your refund) the value of the Service used through your account during such period. You also expressly accept that the Service will start within your cancellation period. If you cancel at any other time, we will refund your full membership fee only if Digital Content available as part of your membership has not been accessed through your account since your latest membership charge.
e. Purchase and Rental Transactions; Cancellations
(i) All Purchase and Rental Transactions Final. Subject to the cancellation rights set forth in Section 4(e)(ii) below, all purchase and rental transactions for Digital Content are final. We do not accept returns of Digital Content.
(ii) Cancellations of Purchase and Rental Transactions. You may cancel an order for Digital Content within twenty-four hours of purchase or rental (or, for customers in the European Union, within fourteen days from the date of purchase or rental) by clicking “Cancel Your Order” or by contacting Sound Stage; except that you may not cancel an order for Digital Content once you have started watching or downloading the Digital Content. Notwithstanding the foregoing, you may cancel a pre-order for Digital Content any time before its release date. The release date of pre-ordered Digital Content is subject to change.
f. Payment Methods. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use “Your Account” settings to update your designated payment method(s).
g. Promotional Trials. We sometimes offer eligible customers various trial or other promotional memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Producer’s Chair and Sound Stage grant you a non-exclusive, non-transferable, non-sub licensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
i. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Producer’s Chair and Sound Stage will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.
j. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact Sound Stage or Producer’s Chair. Once you purchase or rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content.
k. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
l. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
a. Use of the Software. We may make available software for your use in connection with the Service (“Software”). Terms contained in the Conditions of Use apply to your use of Software.
b. Information or Content Provided to Producer’s Chair or its Affiliates. The Service and Software may permit you to provide Producer’s Chair, Sound Stage, or its affiliates, successors or assigns with information or other content, including intellectual property, relating to your use and the performance of the Service and Software, as well as information or other content, including intellectual property, regarding the devices on which you download and use the Service and Software. For example, the Software may provide Producer’s Chair or its affiliates, successors or assigns with information related to the Digital Content that you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Furthermore, you may be permitted to submit your own intellectual property, including musical compositions and sound recordings, to the Producer’s Chair as part of one or more of the subscriptions (a “Submission”). Sound Stage and its affiliates and successors make no claims in any manner whatsoever to any Submission by you or anyone on your behalf, and make no representations, guarantees, or warranties concerning the use or other exploitation of any such Submissions, and you expressly agree to hold Sound Stage and any if its affiliates or successors harmless from liability for any claims related to the Submissions whatsoever. Any information we receive is subject to the Sound Stage Privacy Notice, the Terms, and Conditions of Use.
6. ADDITIONAL TERMS
a. Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Producer’s Chair or Sound Stage may, in their sole discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
b. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Producer’s Chair and Sound Stage have no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Producer’s Chair and Sound Stage do not guarantee their accuracy.
c. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your Account, and you hereby consent to receive those communications.
d. Modification of Service. Producer’s Chair and/or Sound Stage reserve the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
e. Amendments. Producer’s Chair and/or Sound Stage reserve the right to make changes to this Agreement at any time. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.
f. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Conditions of Use. You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Conditions of Use: (i) in no event shall our or our software licensors’ total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.
CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
i. Contact Information. For communications concerning this Agreement, please write to Sound Stage at the applicable notice address listed in the Terms.
j. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Sound Stage Usage Rules
• Ways to Watch: When you purchase a video, we’ll make it available to you to stream and download as follows:
o Streaming: You may stream purchased videos online through your Web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, tablets, and other compatible devices. You may stream up to three videos at the same time using the same account. You may stream the same video to no more than one device at a time.
o Downloading: You may download videos you purchase to two compatible download devices, such as tablets and Android and iOS devices.
• Ways to Watch: When you rent a video, we will make it available to you to stream and download as follows:
o Streaming: You may stream rental videos online through your Web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, tablets, and other compatible devices. You may stream up to three videos at the same time using the same account. You may stream the same video to no more than one device at a time.
o Downloading: You may download videos you rent to one compatible download device, such as tablets and Android and iOS devices. Once you have downloaded a rental video to a tablet, you may not download that video to another device or simultaneously watch it on more than one device using the same account. However, you may start watching a downloaded video on one compatible device and later stream that video on another compatible device (as long as it isn’t playing simultaneously on more than one device).
• Viewing Period: For rental videos, you’ll typically have 48 hours to finish watching the video once you have commenced streaming or downloading, provided that in any event you must finish watching the video prior to expiration of the applicable expiration window, which is typically 30 days from your payment of the rental fee. The length of this window can be found on the detail page or on a link from the detail page, such as the “Learn more about renting and buying” link on website detail pages.
Third-Party Video Subscriptions
• Ways to Watch: If you have subscription membership or promotional trial, you can subscribe to any third-party video subscription that we offer in your location for an additional subscription fee to stream any video that is currently included as part of that subscription as designated on the video title detail page. Third-party video subscriptions renew automatically unless you cancel the applicable subscription or it expires, or you cancel your membership or it expires. If you cancel your membership or it expires, you will have access to the third-party video subscriptions you are subscribed to at the time of cancellation or termination only until the end of the applicable monthly third-party subscription term. You can stream third-party subscription titles to your tablets, through your web browser, and through compatible Internet-connected TVs, Blu-ray players, set-top-boxes, tablets and other compatible devices. You can stream up to three titles at the same time using the same account. You can stream the same title to no more than one device at a time.
• After your third-party video subscription expires or is cancelled, or your membership or promotional trial expires or is cancelled, you cannot watch any third-party video subscription titles unless you’ve rented or purchased that title.