Throughout this site, the terms "we", "us", "our", and "Chesky" refer to Chesky Records, Inc., a U.S. corporation, with its offices in New York, NY, and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using this website.
Please Note: These terms and conditions may be revised by Chesky by updating this posting – Please read them carefully.
1. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
2 Submissions to this Site
Any material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Chesky and Chesky may use and reproduce such Submission freely, and for any purpose. Specifically, Chesky is free to use for any purposes whatsoever (including but not limited to the advertising and marketing of products) any ideas, artwork, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that Chesky’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Chesky is under no obligation to use the content or information submitted.
3. Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of Chesky or are property of their respective owners.
® Reg. Chesky trademarks are property of Chesky Records, Inc.. All rights reserved. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Chesky will vigorously enforce its intellectual property rights to the fullest extent of the law.
4. Links to Other Websites
Links on the Chesky websites may take you outside the Chesky network and systems and Cheskyaccepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Chesky cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Chesky. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
5. Warranties and Disclaimers
Your use of this website is at your own and exclusive risk.
THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, CONSEQUENTLY, CHESKY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM CHESKY THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
You and Chesky agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of New York, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of New York County, State of New York, United States of America.
13. Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
COPYRIGHT INFRINGEMENT NOTIFICATION
Chesky is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Chesky will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
ATTN: Legal Department, DMCA Copyright Notices
1650 Broadway, 9th Floor
New York, NY 10019
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Chesky Records to locate the material;
4. Information reasonably sufficient to permit Chesky Records to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
Our website collects information from you when you register with us as part of your participation in our online newsletter, contests, or online store. As part of a customer's registration, we may request the following personal information: name, address, email address, telephone number, birth date, demographic information (such as country and gender), and profile data (such as your music preferences and entertainment practices). If you choose to buy any of our products, we will collect the following additional personal information in order to process your transaction: credit card number and billing address. By making a purchase on our website you consent to our providing your personal information to our service providers to process your transaction(s). Additionally, you may choose to register a website username and/or password so that we can communicate with you, provide the services you have requested, and to provide a more personalized experience on our website. Customers are not required to provide us with this information, but if a customer chooses not to, he/she may not be able to participate in some of the activities on our website.
NEWSLETTERS AND OTHER COMMUNICATIONS FROM US
Our registered users and customers may request to receive newsletters or other email communications from us and we may also offer other users the opportunity to sign up to receive such information. We may also offer our users the choice of whether to receive mailings from others that we think will be of interest, including but not limited to a sales catalog. Please note that in order to keep our registered users informed about the operation of our services, we may also send emails and announcements that are needed for the proper functioning and administration of our sites and services. Additionally, we have features allowing you to submit information to us (such as when contacting us with a question or feedback). We will retain your emails and other information you submit to us for our internal purposes, and to help us serve you better. Recipients of our mailings can unsubscribe by following the instructions that may appear at the end of the email newsletter. We may offer features allowing you to send information to others, such as e-cards or "Tell A Friend" features. For example, you might submit your friend's name and email address if you send an e-card or your friend's address when you order a gift online and want it sent directly to the recipient. We will use the contact information you enter for your friends to send the email or e-card.
CONTESTS AND SWEEPSTAKES
When you enter or participate in one of our contests or sweepstatkes, we will request information from you (such as your name, address, phone number, birth date and email address) and we may also request demographic or profile information. All contests that are held on this website are limited to persons above a certain age. If the birth date provided indicates that the contestant is underage, the information submitted will be deleted. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). Any personal information collected will be used by us and may be associated with registration information. We may sometimes partner with sponsors in offering a contest and may share your information with them. For further information about how Chesky handles your personal information when you enter one of our contests, please consult the applicable contest rules. Recipients of our mailings can unsubscribe by following instructions that appear at the end of the email newsletter.
WITH WHOM YOUR INFORMATION IS SHARED
We use the information collected from a customer to allow him/her to participate in the website activities for which the information is collected. For example, when a customer provides an email address in order to receive updates on a particular artist or type of music, that address is added to the email list for that artist or type of music. We sometimes use the information collected to communicate with customers, such as to notify customers when we make changes to our subscriber agreements, to fulfill a request by a customer for an online newsletter, or to contact the customer about his/her account with us. From time to time, we may also use this information to offer our products, programs, or services to our customers. On each email a customer receives, he/she is given the opportunity to unsubscribe. If a customer requests to be unsubscribed, his/her email address will be permanently removed from that mailing list. When we have co-branded or sponsored services, when we host a site, or when we join with other parties to provide specific services, we may share (provide and/or receive) your personal information with them. We may also share your information with others if you choose to let us do so, such as where we offer opt-in or opt-out choices.We may share aggregate information (such as demographic data and/or geographic location of users), which is not personally identifiable, with others and in order to improve our services for marketing and/or industry reporting purposes. Such information will not include personal information such as your name or email address. Additionally, aggregate information collected about our audience may be used to improve our services, for marketing purposes, and/or for industry reporting purposes.
All of the information you provide will be stored by Chesky.
AUTOMATIC DATA COLLECTION
for example, may be utilized to assure that a contest applicant enters any given contest only once, or to store session preferences. Users have the ability to accept or decline cookies. If you choose to decline cookies, you may be limited in using some areas of our website.