Terms of Service (“Terms”)

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the
http://www.IndependentMusicAwards.com website (the “Service”) operated by Music Resource Group, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Music Resource Group, LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Music Resource Group, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Music Resource Group, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Music Resource Group, LLC.

Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Music Resource Group, LLC.
Music Resource Group, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Music Resource Group, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Music Resource Group, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
In no event shall Music Resource Group, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Music Resource Group, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us
If you have any questions about these Terms, please contact us.

Privacy Policy

Music Resource Group LLC (“us”, “we”, or “our”) operates the http://www.IndependentMusicAwards.com website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.IndependentMusicAwards.com

Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

Log Data
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction
If Music Resource Group LLC is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International Transfer
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy
This Privacy Policy and its changes are effective as of May 25th, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us
If you have any questions about this Privacy Policy, please contact us.

Music Resource Group, LLC’s Data Protection Statement for European Union Users

Description of Processing Activity

Music Resource Group, LLC (“Company”) collects and stores personal information about its users to customize their user experience and enable users to interact with Company, its events and its content. It shares minimal data with its service providers.

Purposes of Processing

• Provide, test, promote, and improve Company services
• Gather usage statistics of services
• Provide customized user/interaction experience
• Publish and distribute user-generated and Company content
• Provide access to paid content, when applicable
• Pay authors/creators and others for certain content
• Fight spam, fraud, and other abuse of services

Legal Bases

In order to provide the services, Company collects and stores personal data about its users on the legal basis of consent given when you create an account and agree to the Privacy Policy.

Company also pursues its legitimate interests by collecting minimal data of logged out users to provide the services, as outlined above.

Where Company collects and stores personal data about non-users, it does so under performance of contract obligations with users who use the services to publish content on websites hosted by Company. In such cases, users authoring such content containing personal data of third parties are responsible for that content. Company will consider related complaints in compliance with the General Data Protection Regulation’s rights of the data subject, as well as rights of expression and access to information.

Public Nature of Personal Data

Logged-in users may choose to interact publicly with the Company Services in the form of commenting a post, voting, highlighting parts of a post, downloading content, following other user accounts, sharing links on connected social media accounts, and/or writing original posts. Where such personal data may reveal special category protected data, it is processed on the basis that it is manifestly made public by the user. Additional information on potential consequences of such processing can be found below. If you do not agree to this public usage, do not create an account or use these features of Company Services.

Categories of Personal Data Collected

Logged out users:

• Reading history
• IP address
• Browser information
• DNT status

Logged in users:

• Username
• Display name
• Bio
• Avatar image and/or other photographic images
• Email address (non-public)
• Session activity (security)
• Linked social media accounts (optional)
• IP address
• Browser information
• Reading history (on Company network only)
• Network interactions (votes, comments, etc.)
• Posts, responses, or content published by user

Members:

• Billing information and history

Partner authors:

• Bank account for payments
• Business information, if applicable

Categories of Recipients

Company shares minimal personal data with third-party processors in order to provide Company’s services. These processors offer at least the same level of data protection as that set out in this statement. This includes the following categories of recipients:

• Hosting, Storage, & Other Infrastructure
• Security
• Analytics
• Communication & Support
• Payment Processors

Search engines will index user profiles, public interactions, and any user-generated content. Users may also share links to your content on social media.

Payment Processors

Company provides Company’s services in conjunction with several payment processors, including: First Data Corporation, through which users may pay for Company memberships, subscriptions or receive payments. Those companies acting as payment processors may collect and store personal data related to your billing information and history in order to provide their services, and may collect and store personal data and business data to prevent fraud and other abuse.

When you delete your Company account, Company deletes your personal data as outlined in this document. However, to delete your payment or billing information, you will need to do so with your payment provider, as Company only has minimal secure access to those records as needed to provide the services.

Embedded Content

Company posts may contain third-party embeds, which may in some cases collect and store personal data. The use of personal data by embedded content providers is not covered by this statement, but by the privacy policies of those sites or services.

Existence of Automated Decision-making

Company collects and stores personal data about its users to customize reading. This includes automated decision-making to promote content tailored to the preferences and interests indicated by the user, and to their browsing history and network interactions.

Company also filters content for the purposes of fighting and preventing spam, fraud, and other forms of abuse.

Potential Consequences of Processing

By creating an account on Company, users may make certain personal data about themselves public and accessible to others on their profile and through network interactions. This may in some cases constitute special category protected data which is considered manifestly made public by the user.

Due to the public nature of information posted to Company, it may be possible for third parties to derive identifying personal data from posts, whether by reading, inference, supplemental research, or automated extraction and analysis.

Users are free to use their real name and information, or a pseudonym of their choosing, for their account. Users may also choose to use the service without posting data or engaging in network interactions. However, if you do not agree with and accept the risks of such usage, you may not use the services.

Cross-border Transfers

Company is hosted in the United States. By using Company Services, you authorize Company to transfer, store, and use your information in the United States and any other country where we operate. Where your data is disclosed to our processors, it is subject by contract to at least the same level of data protection as that set out in this statement.

Retention

Company retains personal data associated with your account for the lifetime of your account. If you would like to delete your personal information, you can delete your account at any time. Deleted account profile pages will yield an error 404 “file not found” page, immediately upon initiating deletion, and will become unrecoverable in our system after a period of fourteen days. It may take several additional days for your personal data to be de-indexed from search engines, depending on those search engines’ practices, over which Company may have limited or no control.

To delete your payment or billing information, you will need to do so with your payment provider, as Company only has minimal secure access to those records as needed to provide the services.

Rights of Data Subjects

1. If you sign up for a Company account, you may at any time request an export of your personal information from the Settings page.
2. You may correct information associated with your account from the Settings page.
3. You may withdraw consent by deleting your account at any time through the Settings page, which will erase your personal information completely within fourteen (14) days (except to the extent Company is prevented by law from deleting your information).
4. You may object at any time to the use of your personal data by contacting [email protected]. If your complaint relates to alleged misuse of your personal data by a third party, it may result in suspension of that post or account in keeping with relevant law, public interest, our contractual obligations, and the rights of expression and access to information of others.
5. You may at any time lodge a complaint regarding the processing of your personal data by Company with the Supervisory Authority of your EU member state.

You have the following rights:

• The right to be informed
  As a data controller, we are obliged to provide clear and transparent information about our data processing activities. This is provided by this privacy policy and any related communications we may send you.
• The right of access
  You may request a copy of the personal data we hold about you free of charge. Once we have verified your identity and, if relevant, the authority of any third-party requestor, we will provide access to the personal data we hold about you as well as the following information:
• a) The purposes of the processing
  b) The categories of personal data concerned
  c) The recipients to whom the personal data has been disclosed
  d) The retention period or envisioned retention period for that personal data
  e) When personal data has been collected from a third party, the source of the personal data
• If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. If requests are frivolous or vexatious, we reserve the right to refuse them. If answering requests is likely to require additional time or occasions unreasonable expense (which you may have to meet), we will inform you.
• The right to rectification
  When you believe we hold inaccurate or incomplete personal information about you, you may exercise your right to correct or complete this data. This may be used with the right to restrict processing to make sure that incorrect/incomplete information is not processed until it is corrected.
• The right to erasure (the ‘right to be forgotten’)
  Where no overriding legal basis or legitimate reason continues to exist for processing personal data, you may request that we delete the personal data. This includes personal data that may have been unlawfully processed. We will take all reasonable steps to ensure erasure.
• The right to restrict processing
  You may ask us to stop processing your personal data. We will still hold the data, but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies you may exercise the right to restrict processing:

1. a) The accuracy of the personal data is contested
   b) Processing of the personal data is unlawful
   c) We no longer need the personal data for processing but the personal data is required for part of a legal process
   d) The right to object has been exercised and processing is restricted pending a decision on the status of the processing

• The right to data portability
  You may request your set of personal data be transferred to another controller or processor, provided in a commonly used and machine-readable format. This right is only available if the original processing was on the basis of consent, the processing is by automated means and if the processing is based on the fulfilment of a contractual obligation.
• The right to object
  You have the right to object to our processing of your data where
  • Processing is based on legitimate interest;
  • Processing is for the purpose of direct marketing;
  • Processing is for the purposes of scientific or historic research;
  • Processing involves automated decision-making and profiling.

Company Contact Information:

CONTACT PERSON’S NAME: Robert Fontana, Music Resource Group

ADDRESS: 32 Ann Street, Clifton, NJ  07013

EMAIL: [email protected]

PHONE NUMBER: 973-767-1800

Company Do Not Track Policy

Company takes privacy seriously. We don’t send your data to third parties for the purpose of targeting ads to you. The tracking we do at Company is to make our product and/or services work. Company doesn’t track you across the Internet. We track only your interactions within the Company network (independentmusicawards.com and custom domains hosted by Company).

One concrete way we commit to user privacy is by honoring Do Not Track (“DNT”) browser settings. There’s no consensus on how best to do this. But, we have adopted an approach that we believe honors the fundamental pro-privacy aims of the DNT standard. To that end, we follow the recommendation made by the World Wide Web Consortium (“W3C”).

If you are browsing with DNT enabled, you can read Company in the logged-out state and our analytics will not receive information about you. Also, embeds within a page (such as a YouTube video) will not load without your actively clicking through a DNT overlay. By doing this, we allow you to choose whether any data is sent to a third-party embed before it is sent. If you click into an embed while browsing DNT, it may cause data to be sent to the third-party hosting the embed. As allowed under the W3C’s specification, we do some first-party tracking in order to make Company work. Specifically, this ensures you don’t see the same posts every time you look at Company.com, allows our paywall to function, and enables you to read a set number of members-only articles per month without a membership. Our first-party tracking allows these kinds of content customizations. We also send data to third-party service providers (as understood in W3C’s specification) — companies that provide services that make Company work, like Amazon Web Services.

If you would like a more customized experience on Company, you can choose to create an account and sign in to it. But in order to make your account work, we need to log some actions you take, so that we can offer recommendations, build your reading list, and connect you with a network of other readers and writers. Like most websites, we use cookies to authenticate your account and organize this information. So, when you use Company in the logged-in state, we cannot comply with DNT. They are mutually exclusive.

A few more details about cookies and the mechanics of DNT. Cookies are unique identifiers that an internet service attaches to your browser or mobile device in order to recognize you. If you enable DNT in your browser, it sends us a header when you fetch a webpage, requesting that we do not track your movements online through cookies or other means.

Regardless of whether you browse DNT or not, we do not track you across the Internet. And we don’t change or disable the DNT setting in your browser.

Our policy aims to honor DNT requests and help foster the privacy protective Internet the standard envisions, while also providing the personalized experience that is at the core of Company’s vision. We’re proud to be an early adopter of DNT and will keep working on our implementation of it.

For more details about the data we collect on users who are logged in or do not have DNT enabled, please see our PRIVACY POLICY.

This Privacy Policy and its changes are effective as of May 25th, 2018.