BOOKME TERMS AND CONDITIONS

Last revision: March 26, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB APP.

The following Terms and Conditions govern and apply to your use of or reliance upon this Web App published by Ivystone Records, Inc. (the "Company").

Your access or use of the Web App indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its addition to the Web App. If the Terms and Conditions are updated, a notice will be provided. If you do not opt in to the new Terms and Conditions, your continued use of the Web App will be considered your acceptance to the revised Terms and Conditions.

1. INTELLECTUAL PROPERTY

All Intellectual Property ("IP") on the Web App (except for User Generated Content, as defined below) is owned by us or our licensors. IP includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Web App (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under United States and other copyright laws and is the proprietary property of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Web App including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Web App or associated services ("Company Materials"). Company Materials may not be used for any other purpose than the use of this Web App and the services offered on the Web App. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.

3. USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Web App users upload, post, or otherwise make available on or through the Web App, except to the extent the content is either created pursuant and or subject to a separate agreement between the Company and you, or content that is exclusively owned or created by us.

You agree that by posting or uploading your User Generated Content to our Web App, you grant Ivystone Records, Inc. a nonexclusive license to use this content for legitimate business purposes in relation to your use of the Web App and the services therein. This license lasts for the duration of time that your User Generated Content is hosted on the Web App, plus six months. You further agree that Ivystone Records, Inc. is not liable for any unintended, inadvertent, or accidental use of your User Generated Content previously hosted on the Web App outside the afore described time period.

You agree that the Company has the right, at its sole discretion, at any time, to remove any User Generated Content deemed inappropriate or otherwise objectionable by the Company. This right extends not only to User Generated Content hosted within the Web App, but also to content linked to from within the Web App hosted on external or third-party sources.

4. ACCOUNT AND ACCOUNT USE

If your use of the Web App requires an account identifying you as a user of the Web App (an "Account"):

  1. you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
  2. you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it. You further agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account;
  3. you agree to provide true, current, accurate and complete customer information as requested by us from time to time. You also agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate; and
  4. you agree that the Company is NOT liable for any damages or losses resulting from your failure to adhere or otherwise fulfill the preceding agreements or responsibilities under this Section.

5. ACCEPTABLE USE

You agree not to use the Web App for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Web App in any way that could damage the Web App, other users, or the services or general business of Ivystone Records, Inc.

You further agree not to use and/or access the Web App:

  1. To harass, abuse, or threaten others, or otherwise violate any person's legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses, malicious code, or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. To unlawfully gather information about others.

6. PROTECTION OF PRIVACY

Through your use of the Web App, you may provide us with certain information. By using the Web App, you authorize us to use your information in the United States and any other country or territory where we may operate or the Web App may be used.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or other personal information. Depending on how you use our Web App, we may also receive information from external applications you use to access our Web App.

We use the information gathered from you to ensure your continued good experience on our Web App, including through email communication.

If you choose to terminate your account, we will store information about you for the following period of time: 5 years.

After that time, all information about you will be deleted. You may opt to contact us to request that your data be deleted. Please see Our Privacy Policy for additional information regarding requests to delete information.

7. ASSUMPTION OF RISK

The Web App is provided for communication purposes only. You acknowledge and agree that any information transmitted via our Web App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Ivystone Records, Inc. You further agree that your use of any of the services or functionalities on the Web App is at your own risk. We do not assume responsibility or liability for any advice or other information transmitted via the Web App or by third parties.

8. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Web App; and
  2. Violate the security of the Web App through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to or with any host, user, or network.

9. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Web App is at your own risk.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Ivystone Records, Inc. and any of its affiliates against any and all liability, costs, damages, injuries, legal claims, and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Web App, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

11. SPAM POLICY

You are strictly prohibited from using the Web App or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

12. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to or from our Web App.

Users may also post links to content hosted by third party websites or services. We are not responsible or liable for the content hosted by third party websites or services. The choice to interact with this content is at your sole risk and discretion.

13. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions shall be considered enforceable and valid to the fullest extent.

14. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Web App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Web App may be affected by unanticipated or unscheduled downtime, for any reason, but that we are not liable for any damage or loss caused as a result of such downtime.

15. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Web App, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Web App or our or any third party's equipment or network is impaired by your use of the Web App, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Web App, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction or termination of your access to the Web App.

16. NO WARRANTIES

Your use of the Web App is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Web App will meet your needs or that the Web App will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Web App or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Web App is your sole responsibility and we are not liable for any such damage or loss.

17. PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Web App are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.

For more information, please refer to our Privacy Policy, which you may find at the following address: https://bookme.ivystonerecords.com/privacy-policy.html

18. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Web App, to the fullest extent permitted by law. The maximum liability of Ivystone Records, Inc. arising from your use of the Web App is limited to a total of one hundred ($100) US Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19. GOVERNING AUTHORITY

You hereby agree that any claims that may arise from your use of the App are governed by the laws of the State of Maryland without regard to its conflicts of laws provisions. You hereby consent to the personal jurisdiction of Prince George’s County, Maryland, or the associated federal venue, the United States District Court for the District of Maryland for all matters arising from or related to your use of the Web App.