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Mark Gravely and the Top Hat Blues Revue and the
information collected on this site may be used in the manner
described below by Mark Gravely and the Top Hat Blues Revue, our
labels, agents, subsidiaries, trusted partners and affiliates acting
on our behalf.
When this Privacy Policy uses the term "personal
information," we mean information that identifies a particular
individual, such as full name, street address, telephone number or
email address.
Collection and Use of Personal Information
We may collect the following personal information
from you:
-
Contact information such as name, email address,
street address, and phone number
-
Demographic information such as age, gender,
interests, country and zip code
-
Preference and other information such as product
wish lists, order history, marketing preferences and cell phone
carrier
We NEVER share your information with any third party
vendor!
We also automatically collect
information about your computer as you browse our site(s). Please see
the Tracking
Technologies section of this Privacy
Policy.
Social
Networks/Online Communities
We enable you to create a profile for accessing blogs
or online communities for sharing information such as messages, photos
and videos. Please note that we cannot control the actions of others
with whom you may choose to share your pages and information. We may
also enable you to post content from some of our sites to your profile
on other social networks. You can access these services from our sites
using Facebook Connect, Twitter, or other Open ID providers. These
services will authenticate your identity and allow you to post and share
certain personal or other information with that site. Please be aware
that the privacy policy of that site will apply to any content you
provide them in these instances. We do not allow these services to
provide any personal information or content back to our sites or your
profile with us unless you agree.
Transactions
You may purchase artists' music or merchandise from
some of our site(s). We use the personal information you provide in
connection with a purchase to process and fulfill your order. This
Privacy Policy applies to any such purchases. In some instances, you may
be directed to a third party site to initiate your transaction. These
third party sites will be clearly identified and link to their own
privacy policies so you know which company is collecting your personal
information. You should refer to those policies for any privacy-related
concerns regarding your purchase with them.
Information Sharing
We will share your personal information with third
parties in the ways that are described in this Privacy Policy.
-
As required by law, such as to comply with a
subpoena or similar legal process
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When we believe in good faith that disclosure is
necessary to protect our rights, protect your safety or the safety
of others, investigate fraud or respond to a government request
Tracking Technologies
We automatically collect information as you browse
our site(s) such as the domain name, Internet Service Provider, browser
type and version, operating system and device type, average time spent
on our site(s), pages viewed, information accessed, the Internet
Protocol (IP) address used to connect your computer to the Internet and
other relevant statistics. Such information is sometimes referred to as
web analytics and/or clickstream data.
We and our third party partners
may use cookies and/or pixel tags to keep track of your visits,
preferences and profile information. These may be used to enhance your
experience on the site(s) including allowing you to remain logged in on
the site(s). Cookies and pixel tags may also be used to collect general
usage and aggregated statistical information that does not identify you
personally. However, we and our third party partners may use cookies to
store some of your preferences (including limited personal information)
or to display content based upon what you view on our site(s) in order
to personalize your visit with relevant advertising. To learn more about
the use of cookies in online advertising, including how to manage or
delete them
click here.
We and some of our third party
partners use Flash cookies to store some of your preferences or personal
information. For more information on Flash cookies and how to manage
privacy and storage settings
click here.
Security
The security of your personal information is
important to us. When you enter sensitive billing information on our
order forms, we encrypt the transmission of that information using
secure socket layer technology (SSL). If you choose to use a third party
payment option to pay for your order, its privacy statement and security
practices will apply to your information. We encourage you to read that
privacy statement before providing your information.
We follow generally accepted industry standards to
protect the personal information submitted to us, both during
transmission and after receipt. However, no method of transmission over
the Internet or method of electronic storage is 100% secure and we
cannot guarantee its absolute security.
Additional Information
Links to Other Site(s) - Our site(s) includes links
to other site(s) whose privacy practices may differ from those of Mark
Gravely and the Top Hat Blues Revue. If you submit personal information
to any of those sites, your information is governed by their privacy
policies. We encourage you to carefully read the privacy policy of any
site you visit.
Children – We do not attempt to
collect any personal information from those under the age of 13. If you
feel that we have unknowingly collected information from someone under
the age of 13, please
contact us
immediately and this information will be removed.
For more information on how to protect your children
online:
Visit
www.OnGuardOnline.gov
for social networking safety tips for
parents and
youth.
Changes
To This Policy
By using our site(s), you agree to the terms of this
Privacy Policy. We may amend this Privacy Policy at any time. If we make
a material change to the way in which we collect, use, and/or share your
personal information, we will send an email to users who have provided
an email address or post a notice on our site(s) prior to the change
becoming effective. We encourage you to periodically review this page
for the latest information on our privacy practices.
Questions About This Privacy Policy
If you have questions or concerns regarding this
Privacy Policy, you should first contact Mark Gravely and the Top Hat
Blues Revue. You can email us about this Privacy Policy
or you can
click here
to submit feedback online.
(Contains legal information, including the Terms
and Conditions and Code of Conduct applicable to this website. PLEASE
READ THIS CAREFULLY!)
This Internet website is the property of Mark Gravely and the Top Hat
Blues, or "this website" shall also be deemed to be references to Mark
Gravely and the Top Hat Blues.
MARK GRAVELY AND THE TOP HAT BLUES REVUE PROVIDES ACCESS TO THIS WEBSITE
AND ANY RELATED SERVICES PROVIDED HEREON SUBJECT TO YOUR COMPLIANCE WITH
THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS
CONSTITUTE AN AGREEMENT BETWEEN YOU AND SME ("AGREEMENT") THAT GOVERNS
THE RELATIONSHIP BETWEEN YOU AND SME WITH RESPECT TO YOUR USE OF THIS
WEBSITE AND THE SME ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ
CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website,
including, but not limited to, text, data, graphics, logos, button
icons, images, audio clips, video clips, links, digital downloads, data
compilations, and software is owned, controlled by, or licensed to Mark
Gravely & The Top Hat Blues Revue and is protected by copyright,
trademark, and other intellectual property rights. Material on this
website is made available solely for your personal, non-commercial use
and may not be copied, reproduced, republished, modified, uploaded,
posted, transmitted, or distributed in any way, including by e-mail or
other electronic means, without the express prior written consent of
Mark Gravely & The Top Hat Blues Revue in each instance. You may
download material intentionally made available for downloading from this
website for your personal, non-commercial use only, provided that you
keep intact any and all copyright and other proprietary notices that may
appear on such materials.
WARRANTY DISCLAIMER
MARK GRAVELY AND THE TOP HAT BLUES REVUE HAS PROVIDED LINKS AND POINTERS
TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND
MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE.
MARK GRAVELY AND THE TOP HAT BLUES REVUE, NOR THEIR AFFILIATES, OPERATE
OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON
THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE AND THE THIRD
PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE.
MARK GRAVELY AND THE TOP HAT BLUES REVUE, AND ITS SPONSORS ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING
OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SME ONLINE SERVICES,
OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE, THE SME ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO
STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. MARK GRAVELY
AND THE TOP HAT BLUES REVUE DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEBSITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR
ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SME DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON THIS WEBSITE OR ANY THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR
OTHERWISE. YOU (AND NOT SME) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, MARK GRAVELY AND THE TOP HAT BLUES REVUE
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS
OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE
NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS
(IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or
services discussed or referenced on this website are available to all
persons or in all geographic locations. Mark
Gravely and the Top Hat Blues Revue reserves the right to
limit, in its sole discretion, the provision and quantity of any product
or service to any person or geographic area it so desires. Any offer for
any product or service made in this website is void where prohibited.
LICENSE TO Mark Gravely and the Top Hat Blues
Revue
By posting messages, uploading files, inputting data, or engaging in any
other form of communication through this website, you are granting
Mark Gravely and the Top Hat Blues Revue
a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to: (1) use, copy, sublicense, adapt, transmit, publicly
perform, or display any such communication; and (2) sublicense to third
parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws under any relevant
jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described on this website,
you may be asked to supply certain information including credit card or
other payment information. You agree that all information that you
provide will be accurate, complete, and current. You agree to pay all
charges, including shipping and handling charges, incurred by users of
your credit card or other payment mechanism at the prices in effect when
such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Mark Gravely and the Top Hat Blues Revue
and its affiliated companies, officers, directors, employees, agents,
licensors, and suppliers from and against all losses, expenses, damages,
and costs, including reasonable attorneys' fees, resulting from any
violation by you of these Terms and Conditions.
Mark Gravely and the Top Hat Blues Revue reserves the right to
assume the exclusive defense and control of any matter subject to
indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of Indiana and shall be
governed by, and construed in accordance with, the laws of the State of
Indiana, exclusive of its choice of law rules. Each party to this
Agreement submits to the exclusive jurisdiction of the state and federal
courts sitting in the County of Decatur in the State of Indiana, and
waives any jurisdictional, venue, or inconvenient forum objections to
such courts. Each party to this Agreement further agrees as follows: (i)
any claim brought to enforce this Agreement must be commenced within two
(2) years of the cause of action accruing; (ii) no recovery may be
sought or received for damages other than out-of-pocket expenses, except
that the prevailing party will be entitled to costs and attorneys' fees;
(iii) any claim must be brought individually and not consolidated as
part of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a
court or other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force
and effect.
This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof, and any and all written
or oral agreements heretofore existing between the parties hereto with
respect to the subject matter of this Agreement are expressly canceled.
Mark Gravely and the Top Hat Blues Revue
may modify the terms of this Agreement by posting notice of such
modification on the page of this website entitled "Legal Notices" or
"Privacy Information" (or similar title) before the modification takes
effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM
COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for
notifying service providers of claims of unauthorized use of copyrighted
materials. Under the DMCA, a claim must be sent to the service
provider's Designated Agent. If you believe in good faith that SME
should be notified of a possible online copyright infringement involving
any SME website, please notify SME's designated agent: Wade Leak, Esq.,
Business and Legal Affairs Department, Mark Gravely and the Top Hat
Blues Revue Entertainment, 550 Madison Avenue, New York, New York
10022-3211. Phone: 212-833-8000 Fax: 212-833-5828
copyright.agent[at]sonymusic.com
Please be aware that, in order to be effective, your notice of claim
must comply with the detailed requirements set forth in the DMCA. You
are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before
sending your notice of claim.
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