Privacy Policy – Terms & Conditions

This privacy policy sets out the basis on which any information (which may include personal data, as defined in data protection law) we collect from you, or that you provide to us, through this website, application or service (the “Site”) will be processed by us. Please read the following carefully to understand our practices regarding your information and how we will treat it.

Please click on the sections below to learn more about our privacy policy:

WHO WE ARE

This website (located at https:/TeresaBleux.com/) and web store (located at https.TeresaBleux.com/) are operated by Teresa Bleux.

As used in this Privacy Policy, “Teresa Bleux”, is controlled by or is under common control with, including subsidiaries, joint ventures or other entities such as Bleux Chemistry in with TeresaBleux.com.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed by contacting Teresa Bleux with privacy inquiries or to exercise your privacy rights related to the Teresa Bleux and Bleux Chemistry Mailing List at info@TeresaBleux.com.

INFORMATION WE MAY COLLECT FROM YOU

When you use the Site or contact us by e-mail, social media, SMS, telephone, or other methods, and Teresa Bleux may collect and process the following data about you:

Information you give us, including:

Forms filled out by you on the Site;
Content of correspondence with us by phone, e-mail or otherwise;
Site registration;
Subscriptions or orders placed on the Site;
Participation in discussion boards or other social media functions on the Site;
Entering a competition, promotion or survey;
If applicable, resume, work history, CV, resume or other job application information;
Reporting a problem or requesting support for the Site.

The information you give us may include your name, address, e-mail address and phone number, date of birth, payment information, personal description, photographs or images or comments.

Information we collect about you

With regard to each of your visits to our Site we may automatically collect the following information:

Technical information, including IP address, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
may also collect information our about your devices (including phones, computers or other devices) where you access and visit our Sites. Such information may include unique device identifiers and mobile network information (including phone number), IP address, language and time zone, operating system, hardware version, device locations (including specific geographic locations, such as through GPS, Bluetooth or WiFi signals).

INFORMATION WE COLLECT FROM OTHER SOURCES

We may also work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, social networks such as Facebook and Twitter, search information providers, credit reference agencies, third parties who enable sign on functionality and social network integration) and may receive information about you from them.

If you choose to use features on this Site that connect to your online profiles, accounts or services (including social media accounts) (“Connected Accounts”), we may collect any information that you permit through your settings on those Connected Accounts. For example, if you log in to our site using your Facebook account and choose to allow Facebook to share your profile with us, we may collect that information. Information we receive from Connected Accounts includes email address, first and last name, location (hometown and country), gender, date of birth, likes, posts or other social activity. Please review your Connected Account privacy settings to control what information is provided to us through this option.

HOW YOUR INFORMATION MAY BE USED

And we may use information held about you in the following ways:

To help us respond to your queries;
To provide you with information on the relevant Universal Music artist;
To provide you, or permit selected third parties to provide you, with information about other goods and services we offer that are similar to those that you have already purchased or enquire about or that we feel may interest you;
To make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them
To provide or permit third parties to provide targeted advertising via websites you visit about goods or services that you may find interesting (see more on this in our Cookies Policy below;
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
To track the progress and number of entries in competitions and promotions.
To allow you to interact with our Site, for example by posting comments or to share information from our Site on third party social media platforms;
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
To manage your access to the services or notify you about changes to the services;
To comply with legal and regulatory requirements;
To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
As part of our efforts to keep our Site safe and secure;

We may combine information we receive from other sources with information you give to us and information we collect about you (including information in relation to your devices). We may use this combined information for the purposes set out above.

DISCLOSURE OF YOUR INFORMATION

Teresa Bleux may share your personal data with selected third parties including:

Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
Business partners, suppliers and sub-contractors to provide you with information about promotions and offers;
Advertisers, advertising networks and social networks that require the data to select and serve relevant adverts to you and others. We may also use aggregate and other information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
Analytics and search engine providers that assist us in the improvement and optimization of our Site;
Third parties when you consent to or request such sharing.

We may disclose your personal data to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of useand other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction
To any other third party where lawful.

STORAGE AND TRANSFER OF DATA

All the information you provide may be processed and stored, transferred or accessed by entities around the world as described in this policy. We will take steps to ensure that your data is treated securely and in accordance with this Privacy Policy. We have put in place technical and organisational procedures designed to safeguard the information we collected on this Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.

The Site uses cookies and other tracking technologies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site. For detailed information on the cookies and other technologies we use and the purposes for which we use them see our Cookies Policy below.

SOCIAL MEDIA AND OTHER THIRD PARTIES THAT PROVIDE CONTENT, ADVERTISING OR FUNCTIONALITY ON OUR SERVICES

Some of the content, advertising and functionality on our Site may be provided by third parties that are not affiliated with us. For example, you may have the opportunity to log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal data with us. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.

Third-party advertisers also may have a presence on our Sites. These and other third parties may collect or receive certain information about your use of our Sites, including through the use of cookies and other Internet technologies, and this information may be collected over time and combined with information collected across different websites and online services.

Some of these companies participate in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative, Digital Advertising Alliance, and European Interactive Digital Advertising Alliance.

CHILDREN

This Site is not directed toward children (as defined by local law) nor does knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws. If we become aware that we have collected personal data from a child without legally-valid parental consent we will take reasonable steps to delete it as soon as possible.

If you are a resident of the State of California, under 18 years of age and a registered user on the Services, and you have posted content or information on the Services, you may request and obtain removal of the content or information posted by you. Please note that our removal of such content or information does not ensure complete or comprehensive removal of this content or information from the Services.

YOUR RIGHTS

You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your personal data, and to request access to, rectification, erasure, and portability of your own personal data by contacting us as described in the “Contact” section. We may require you to prove your identity with approved identification if you request this information.

You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law.

You are responsible for keeping your information current and up-to-date. You may update your information by contacting us as described in the “Contact” section.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you wish to subscribe to the mailing list, only Teresa Bleux and her band Bleux Chemistry will be authorized to use your name and email address to send you news, special offers, promotions and messages tailored to your interests. Out of respect for your privacy, you may choose to stop receiving such newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us as described in the “Contact” section.

YOUR CALIFORNIA PRIVACY RIGHTS

California residents may opt out of having their personally identifiable information shared with third parties for those third parties’ direct marketing purposes by contacting us as described in the “Contact” section.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites and other online services with which a user communicates. There is no industry standard that governs what, if anything, websites should do when they receive these signals. currently does not take action in response to these signals.

LINKS TO THIRD PARTY WEBSITES

The Site, newsletters and other communications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

CHANGES TO OUR PRIVACY POLICY

Any material changes we may make to this privacy policy in the future will be posted on this page prior to the change becoming effective and/or we will notify you through the Site or, where appropriate, by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

USERS OF SITES IN THE EUROPEAN ECONOMIC AREA

This section of this Privacy Policy applies only if you use the Site from a country that is a Member State of the European Economic Area, and supplements the information in this Privacy Policy.

Legal Basis for Data Processing: Our legal basis to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Site); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Site); and based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or on our Sites, or emailing us as set out in the Contact section) without affecting the lawfulness of processing based on consent before its withdrawal.

We may use automated decision making technologies, including profiling, to support our data processing activities. Our automated decision making capabilities include logic that attempts to identify artists, music, communications, products, or offers that we believe may interest you. By using this logic, it helps us personalize your interactions with Teresa Bleux. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity on our Sites or interactions with Teresa Bleux or our third party partners.

In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you to use all the features of the Site.

International transfers: Our sharing your personal data in accordance with this Privacy Policy, may involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring, where required by law, at least one of the following safeguards is implemented:

transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
transferring personal data to the United States to an entity if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Cookies Policy

INFORMATION ABOUT OUR USE OF COOKIES AND TRACKING TECHNOLOGIES

Our Site uses cookies and other similar technologies (as described below) to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site, allows us to improve our Site and provide you with tailored content and advertising.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

You can find more information about the types of cookies we use and the purposes for which we use them in the table below:

Strictly Necessary

These cookies are essential in order to enable you to browse our Site and use its features. The information collected by these cookies relate to the operation of our Site, for example website scripting language and security tokens to maintain secure areas of our Site.

Performance / Analytics

These cookies collect anonymous information about how you use our Site, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Site. Information collected by these cookies is used only to improve your use of our Site and never to identify you. These cookies are sometimes placed by third-party providers of web traffic analysis services, such as Google Analytics.

Functionality

These cookies remember choices you make, for example the country you visit our Site from, your language and any changes you have made to text size or other parts of web pages that you can customise, in order to improve your experience of our Site and to make your visits more tailored and enjoyable. The information these cookies collect may be anonymised and cannot be used to track your browsing activity on other websites.

Targeting or Advertising

These cookies collect information about your browsing habits and inferred interests in order to make advertising more relevant to you. They are also used to limit the number of times you see an advert, as well as to measure the effectiveness of an advertising campaign. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organisations, for example advertisers.

Social Media

These cookies allow you to share what you’ve been doing on our Site with social media organisations such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of these organisations for how their cookies work.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

We may use cookies:

to collect anonymised data on users behaviour on the site. We may also capture what site a user has come from and what site they go to and also some demographic data (e.g. the user’s location) and we may use that data to analyse user behaviour across multiple sites;
to categorise pools of users (on an anonymised basis) based on demographic and/or behavioural data and use this to, (1) target our advertising to cookie-ed users on third party websites and Universal Music websites, and (2) use that data to allow targeted third party advertising to categorised cookie-ed users either in respect of advertising placement
Teresa Bleux has bought/placed and targeted to users on behalf of third parties or in respect of advertising bought/placed by third parties and targeted to cookie pools has “sold” to these third parties.

Some of our Sites may use Google AdSense to publish advertisements, including information about your demographics and interests. When you view or click on an advertisement a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page:http://www.google.com/privacy_ads.html.

Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Site, including certain personalised features, if you delete or disable cookies.

For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu which has further information about behavioural advertising and online privacy.

WEB BEACONS

We, or our third party partners, may employ a software technology called web beacons (also known as web bugs, clear gifs or pixels) which helps us understand what content is effective, for example by counting the number of users who have visited these pages, and to understand usage patterns. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to let us know when content is viewed. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded on web pages, ads, and e-mail. We, or our third party partners, may tie the information gathered by web beacons to the other information we collect about you.

In addition to disabling cookies and other tracking technologies as described above, you may opt-out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative, Digital Advertising Alliance, and European Interactive Digital Advertising Alliance.

INDEMNIFICATION

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EACH OF THE PARTIES, AND THE RELATED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF SITE CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. TERESA BLEUX RESERVE THE RIGHT, AT EACH ENTITY’S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AS APPROPRIATE, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between you and either or both of the Parties, including but not limited to claims arising out of or relating to any aspect of the relationship between you and either or both of the Parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to your use of the Services); and claims that may arise after the termination of these Terms or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with the Parties as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach the Parties’ support department at INFO@TERESABLEUX.COM. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Parties’ support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, the relevant Parties will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Parties further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Changes to This Section: the Parties will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Service.

NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT

Your notice must include:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3) Identification of material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4) Information reasonably sufficient to permit us to contact you, 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 the 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 owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in and required by the DMCA.

If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless this Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question. Please also note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT THIS COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.

MODIFICATIONS

Teresa Bleux reserve the right to modify, suspend, refuse or terminate, in the entities’ sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Services.

Teresa Bleux reserve the right to modify these Terms and/or any other guidelines or policies affecting the Services at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Sites, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Services after the effective date of any revisions means that you accept and agree to all such revisions. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.

ASSIGNMENT

You agree that Teresa Bleux may assign or delegate any of the rights or licenses granted hereunder, and/or transfer, sub-contract or delegate any of the obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it, your rights, licenses, or obligations to any third party. Any attempted transfer or assignment in violation hereof shall be null and void.

GOVERNING LAW AND JURISDICTION

By visiting or using the Services, you agree that the laws of the United States of America and the laws of the State of Tennessee, without regard to the principles of conflicts of laws, will govern your use of the Services, and these Terms and all matters relating to your access to and/or use of the Services, including all disputes between you and us and/or any of the Parties and/or the Related Parties. You and Teresa Bleux irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Davidson County, Tennessee, and the related appellate courts, in any related action or proceeding. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

ENTIRE AGREEMENT

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Services, including, without limitation, the Sites’ Privacy Policy and all other Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us and to the Parties.

These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Services and all matters relating to your access to, and/or use of, the Services except as expressly provided herein. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.

Accessability

OUR COMMITMENT TO ACCESSIBILTY:

If you experience any difficulty in accessing any part of the Website or the Web Store, please feel free to email us and we will work with you to provide the information, item, or transaction you seek through an alternate communication method that is accessible for you consistent with applicable law (for example, through telephone support).

THIRD-PARTY SITES

Throughout the Website and Web Store, we may make use of different third-party websites such as YouTube and Facebook to spread news and information about our products and services. These sites, which are not controlled by us, may present challenges for individuals with disabilities that we are not able to control or remedy. Please know that these sites are not used as the sole source of (or sole vehicle for communicating) important information.

As made publicly available, here are the Accessibility Policies provided from these third-party sites:

Facebook Accessibility Policy

YouTube Accessibility Policy

Your California Privacy Rights

Teresa Bleux takes your privacy seriously, and we’re dedicated to providing you with the best possible music experience. Across all of our communications – whether that’s social media, advertising, or even email – we want to make sure we’re delivering marketing messages to you effectively. That way we show up in the right place at the right time.

To do this, we will occasionally need to share some information about you to our partners to ensure that you get personalized updates.

DO YOU LIVE IN CALIFORNIA?

Californian’s have certain rights around how companies collect, use, disclose, and share personal information. We want to deliver the best possible experience to you while maintaining this level of privacy. To deliver this experience, we use industry-standard advertising business practices that may be considered a “sale” under the California Consumer Privacy Act.

What does that mean though? Here’s how we might “sell” that information:

By allowing advertising networks with whom we partner to place cookies or other tracking technologies through our sites; and
By sharing hashed or pseudonymized identifiers with advertising networks to create audiences for use in online advertising

California residents have the right to request:

Disclosure of personal information we collect, use, disclose, and sell about you;
Deletion of your personal information that we maintain; and
To opt out of the sale of your personal information. Just a heads up, Teresa Bleux does not knowingly sell personal information related to children under 16 years of age. If you are a parent or guardian and have questions about our practices regarding children’s data.

KNOW YOUR PRIVACY CHOICES

You’re in the driver’s seat here. There are a variety of privacy choices you can make to suit your preferences. Here, you have two distinct categories of information that you can adjust based on what you’re comfortable with:

Profile Informationincludes your name, email or physical address, purchase history, and other information that identifies you and you may opt out of the sale of your Profile Information, designate an authorized representative, make a general privacy request, or request additional information.
Cookie Dataincludes data associated with your interactions with this Site that use identifiers that cannot directly identify you and you may opt out of the sale of Cookie Data by declining cookies using the banner on the Site or clicking “cookie choices” for more information and options.
We may verify requests regarding Profile Information by confirming that you control the email address associated with your personal information. If necessary – and taking into account available technology, security and privacy concerns, and the burden on our business – we reserve the right to take additional steps or require additional information to verify your request.

TERMS AND CONDITIONS

Last updated and effective as of January 30, 2020.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

This website (https://teresableux.com/) is operated by Teresa Bleux. Your access and use of any website where these Terms of Use are posted and/or where you actively agree to the Terms, including the websites that you may access using your mobile electronic device and the website shopping carts that you may access to purchase products from the on-line store (collectively, the “Sites”), and of the services provided through the Sites (collectively, with the Sites, the “Services”) are governed by and subject to these Terms of Use (the “Terms”).

LEGAL AGREEMENT

These Terms are a legal agreement between Teresa Bleux and you. These Terms contain important information regarding your legal rights, remedies and obligations. Except as set forth in the Arbitration and Class Action Waiver section below, by accessing any portion of the Sites or using the Services, you, your heirs, assigns, and successors (collectively “you”) acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use any portion of the Services, and you must discontinue all use of the Services immediately.

To use the Services, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. If Teresa Bleux has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

ADDITIONAL TERMS

Teresa Bleux has established and may establish in the future certain additional policies pertaining to specific content or events (the “Additional Terms”). Such Additional Terms include, without limitation, Teresa Bleux ‘s Privacy Policy, (orders, payment, shipping, and refunds). The Privacy Policy, incorporated herein by reference, explains how Teresa Bleux may collect, use and disclose information that we learn about you as a result of your interaction with us through the Services. The Privacy Policy and all other Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also accepting the terms of the Privacy Policy and of all other Additional Terms.

Teresa Bleux may partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under the control of Teresa Bleux.

OWNERSHIP

Teresa Bleux and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Services (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Site Content and Services have been developed, compiled, prepared, revised, selected, and arranged by the Teresa Bleux and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the Teresa Bleux and such others.

The name and trademark Teresa Bleux and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”) are the exclusive property of Teresa Bleux. Unauthorized use of any of the Artist Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with Teresa Bleux, or her approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Artist Marks is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Services are the property of their respective owners. You agree to notify Teresa Bleux immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

You may access, browse and use the Services and the Site Content only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Artist Marks by accessing, browsing or otherwise using the Services. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Artist Marks, except as may be allowed by law.

YOUR CONTENT

Certain features of the Services may allow you to post, upload, transmit or submit certain materials, content, questions, photographs, reviews, designs, concepts, inventions, feedback, information or ideas to the Services (“Your Content”). You may not post, upload, transmit or submit to the Services any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to Teresa Bleux, you: (i) represent and warrant that Your Content is original to you, that you solely and exclusively own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and represent and warrant that neither Your Content nor your posting, uploading, publication, submission, or transmittal of Your Content or use of Your Content (or any portion thereof) by Teresa Bleux will infringe, misappropriate, or violate any rights, including a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of privacy or publicity, or result in the violation of any applicable law or regulation; (iii) grant to Teresa Bleux, and each of the Teresa Bleux, a nonexclusive worldwide, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully transferable, assignable and sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, stream, broadcast, transmit, display, perform, publish, sell, license, transfer, adapt, create derivative works from, and otherwise use and exploit Your Content, for any purpose that any of the Teresa Bleux may choose, in and through any means or media, whether now existing or subsequently developed, and without any compensation to, or any approval by, you or any other party, and you waive and agree not to assert any author’s rights, “droits morales” or “moral rights”; and (iv) agree to indemnify, defend, and hold harmless Teresa Bleux and each of the Parties, their affiliates and subsidiaries, and their officers, owners, directors, managers, employees, agents, and representatives (the “Related Parties”) harmless for all claims resulting from Your Content (as further detailed in the Indemnification Section below). In the interest of clarity, the license granted to Teresa Bleux shall survive termination of the Service or Your Account (as defined below). Teresa Bleux does not provide any compensation for Your Content. You agree that, subject to the Sites’ Privacy Policy, Your Content shall be deemed to be non-confidential and nonproprietary, and Teresa Bleux shall have no obligation of any kind with respect to such information.

You acknowledge and agree that you are solely responsible for Your Content. Teresa Bleux cannot be responsible for maintaining Your Content, and may remove Your Content from the Services at any time, for any or no reason, and without notice to you. Teresa Bleux reserves the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Services, by their users, and we are not responsible for any such materials. Teresa Bleux may, at their sole discretion, proofread, summarize, or otherwise edit and/or withdraw Your Content, and you understand it remains your sole responsibility to monitor Your Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms. However, Teresa Bleux further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. Teresa Bleux may also impose limits on certain features on the Services or restrict your access to part or all of the features or Services, if either party believes that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

LICENSE

Subject to your compliance with these Terms, Teresa Bleux grant you a limited, non-exclusive, non-sub-licensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy, such as our Privacy Policy, these Terms, and the Additional Terms. Teresa Bleux may revoke this license at any time, in each entity’s sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

PROHIBITED CONDUCT

You warrant and agree that, while accessing or using the Services, you will not:

use another person’s account, impersonate any person or entity, or misrepresent your affiliation with any person or entity, whether actual or fictitious;
use an inappropriate username or screen name;
insert your own or a third party’s advertising, marketing or other promotional content into any Site Content, or post, upload, transmit or submit such content as part of Your Content;
copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of Teresa Bleux, as appropriate;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services, through any means, including through means not intentionally made publicly-available or provided through the Services;
scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by Teresa Bleux, or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers;
post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment
use the Services for benchmarking, or to compile information for a product or service;
frame, inline link, or similarly display the Services or any portion of the Services;
use the Services in violation of our or of any of the Teresa Bleux‘s or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party;
use the Services in violation of any law;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Services;
facilitate violations of these Terms or the Sites’ Privacy Policy;
post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
post, transmit, publish or otherwise disseminate through the Services any of Your Content that, as Teresa Bleux determine, in our sole discretion: (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of any of Bleux Teresa Bleux’s or Related Parties in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or
attempt to indirectly undertake any of the foregoing.

YOUR ACCOUNT AND YOUR USER INFORMATION

Some of the Services are only available if you create an account. When any of the Services require you to open an account (“Your Account”) or to otherwise provide user or registration information, including user names and passwords (“Your User Information”), you must complete the registration process by providing Teresa Bleux with complete, current, and accurate information and must update Your User Information to keep it complete, current, and accurate. By registering, you agree that you are fully responsible for all activities that occur under Your Account. Teresa Bleux may assume that any communications they receive under Your Account have been made by you. You grant to Teresa Bleux the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of and/or the provision of any of the Services. Our information collection and use policies with respect to the privacy of Your User Information are set forth in the Sites’ Privacy Policy, which is incorporated into these Terms by reference for all purposes. You agree that information submitted to Your Account will be transmitted to and shared with third parties that may be located in other countries in order for Teresa Bleux to provide services to you, including, but not limited to, transaction processing and fraud prevention.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately, via e-mail to Teresa Bleux info@TeresaBleux.com, of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches. You understand and agree that Teresa Bleux may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Teresa Bleux will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using Your Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by Teresa Bleux, or a third party due to someone else using Your Account.

Teresa Bleux each reserve the right to limit, block, suspend, or terminate Your Account in whole or in part or to refuse services to you, without notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, Teresa Bleux will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Services. If appropriate, in their sole discretion, Teresa Bleux may communicate to other users that Your Account has been terminated, blocked, suspended, or terminated, and why this action has been taken. You have the right to terminate Your Account at any time. You may terminate Your Account by following the instructions on the Services. Please note that if Your Account is terminated, Teresa Bleux do not have an obligation to delete or return to you any of Your Content.

If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Services. Accounts terminated by us for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated. Certain provisions of these Terms will still apply post termination.

FEES THAT YOU MAY PAY

Some of the Services require you to pay a fee, the details of which are available in various areas of the Services that allow you to purchase products or services. If you choose to join a mobile marketing list, please be aware that there are usually costs associated with receiving SMS or MMS messages, which are determined by your carrier. You should contact your carrier to determine the charges that may apply before you sign up to receive updates via SMS or MMS. If you wish to stop receiving such messages from us, at any time, simply write “STOP” in a reply to any message from Teresa Bleux. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information.

By submitting an order through the Services, you agree to pay in advance the price of the product(s) or service(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment made available to you (each, a “Method of Payment”). In order to make a payment, you must provide valid credit card and/or other billing information and authorize Teresa Bleux (or any third party payment service provider engaged by Teresa Bleux) to charge your Method of Payment for all orders placed and accepted via the Services.

Teresa Bleux may revise the pricing for products and services offered through the Services at any time. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees for products or services provided by us, Your Account may be closed and Your User Information may be disabled, without warning or notice, at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN THE CUSTOMER SUPPORT POLICIES (IF AND WHEN APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.

Teresa Bleux may, from time to time, modify, amend or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Services.

Teresa Bleux reserves the right to refuse or limit any order you place with the webstore. Teresa Bleux may also, in its sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same account, Method of Payment, email address, and/or using the same billing and/or shipping address. Teresa Bleux also reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. In the event Teresa Bleux makes a change to or cancel an order, it will attempt to notify you by contacting the email address provided at the time the order was made. If Teresa Bleux cancels all or any part of your order after your Method of Payment has been charged, it will refund the appropriate amount.

SUBMISSION OF YOUR IDEAS AND SUGGESTIONS

While Teresa Bleux encourage you to share ideas and suggestions through the Services, each entity wishes to avoid any potential misunderstandings or disputes that may arise from the limited use that Teresa Bleux or other users of the Services may make of any ideas, feedback, comments, questions, or suggestions that you choose to share (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions or videos) (collectively the “Submissions”), or if the content or business activities of Teresa Bleux seem similar to any such ideas or suggestions. When you share Submissions through the Services, you represent and warrant (a) that you have the right to disclose the Submissions, (b) that the Submissions do not violate the rights of any other person or entity, and (c) that the Submissions do not contain the confidential or proprietary information of any third party or parties. By sharing Submissions, you further agree that Teresa Bleux are under no obligation of confidentiality, express or implied, with respect to the Submissions and grant to Teresa Bleux, to the Parties and to the respective designees a nonexclusive worldwide, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully transferable, assignable and sub-licensable (through multiple tiers) right and license to copy, reproduce, edit, modify, distribute, stream, broadcast, transmit, display, perform, publish, sell, license, transfer, adapt, create derivative works from, and otherwise use or exploit your Submissions, for any purpose that the Parties and/or their respective designees may choose, in and through any means or media, whether now existing or subsequently developed, and without any compensation to, or any approval by, you or any third party, and you waive and agree to assert any and all author’s rights, “droits morales” and “moral rights.” If you do not wish to grant the foregoing right and license, please do not share, submit or post any Submissions on or through any of the Services. In the interest of clarity, this section shall survive any termination of Your Account or the Services.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that Teresa Bleux may access, preserve, and disclose your information and/or Your Content for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by the Sites’ Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, the Sites’ Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property, or personal safety of Teresa Bleux, its agents and affiliates, its users, and the public; and/or (6) in connection with the operations of Your Account. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

LINKS TO THIRD-PARTY WEBSITES

The Services contain links to websites of third parties (including, without limitation, Facebook, Instagram, iTunes, tumblr, Twitter and YouTube). If you use these links, you will leave the Services. These third parties and their websites are not under the Teresa Bleux’s control. Bleux Teresa Bleux do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, Teresa Bleux do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

LINKING TO THE SITES

You agree that if you include a link from any website to any of the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Sites, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. Teresa Bleux may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and may revoke your right to link to the Sites.

DISCLAIMERS AND WARRANTIES

Teresa Bleux administers, controls, and operates the Services from the United States of America. The Services are accessible worldwide; however, some of their features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations. Teresa Bleux make no representation that the Services and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States. Your access and use of the Services may not be legal in your jurisdiction. If you choose to access, browse or use the Services, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. Teresa Bleux reserve the right to limit, in each entity’s sole discretion, as appropriate, the provision of any feature or function of the Services to any person and any geographic area. All Services are void where prohibited.

The Services provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. Each of the Parties and Related Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Services.

Some content on the Services is provided by the users of the Services. With the exception of the license granted to us in these Terms, Teresa Bleux do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. Teresa Bleux also do not independently verify the representations and warranties made by the users with respect to such content. Your access to and use of the Services is at your own risk.

THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITING THE FOREGOING, PARTIES AND THE RELATED PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES, AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. TERESA BLEUX DOES NOT WARRANT THAT THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THE SERVICES AT YOUR OWN RISK. TERESA BLEUX AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. TERESA BLEUX SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SERVICES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, (WHETHER OR NOT ANY OF THE TERESA BLEUX OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WILL TERESA BLEUX OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, THAT ARISE OUT OF OR IN CONNECTION WITH (A) THE USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; (B) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (D) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, BLEUX TERESA, AND TERESA BLEUX’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL TERESA BLEUX OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL TERESA BLEUX AND/OR THE RELATED PARTIES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVIES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM (EXCLUDING THE AMOUNTS PAID FOR ANY MERCHANDISE PURCHASED ON THE SERVICES), OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

INDEMNIFICATION

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TERESA BLEUX, AND THE RELATED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF SITE CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. TERESA BLEUX RESERVE THE RIGHT, AT EACH ENTITY’S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AS APPROPRIATE, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Teresa Bleux agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between you and Teresa Bleux, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Teresa Bleux, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to your use of the Services); and claims that may arise after the termination of these Terms or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Teresa Bleux as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Teresa Bleux, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

You will be required to pay $250 to initiate an arbitration against us. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Teresa Bleux further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TERESA BLEUX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to legalnotices@umusic.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Teresa Bleux also will not be bound by them.

Changes to This Section: Teresa Bleux will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Service.

NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT

Teresa Bleux respects the intellectual property rights of others and require users of the Sites to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and other applicable law, it is each entity’s policy, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. To notify Teresa Bleux of your claim of copyright infringement related to any Site Content.

Your notice must include:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

4) Information reasonably sufficient to permit us to contact you, 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 the law; and

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT THIS COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.

MODIFICATIONS

Teresa Bleux reserves the right to modify, suspend, refuse or terminate, in the entities’ sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Services.

ASSIGNMENT

GOVERNING LAW AND JURISDICTION

By visiting or using the Services, you agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern your use of the Services, and these Terms and all matters relating to your access to and/or use of the Services, including all disputes between you and us and/or any of the Parties and/or the Related Parties. You and Teresa Bleux irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco, California, and the related appellate courts, in any related action or proceeding. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

ENTIRE AGREEMENT

CONTACT US

If you have any questions about these Terms, please contact us at info@TeresaBleux.com