Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present Terms & Conditions (this “Agreement” or “Terms”) is a legal agreement between you and Triangle One Music LLC (hereinafter “Triangle One Music”), a company duly organized and validly existing, located at 5868 E 71st St Suite E551, Indianapolis, Indiana 46220. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (http://triangleonemusic.com) is operated by Triangle One Music LLC. Throughout the Site, the terms “we”, “us” and “our” refer to Triangle One Music. Triangle One Music offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available and/or accessible by hyperlink. These Terms apply to all users of the Site, including, and without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing and/or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site and/or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. If you do not wish to allow your minor dependents to use this Site, it is your responsibility to restrict their access.
You may not use our products or Site for any illegal or unauthorized purpose, nor may you, in the use of our products or Site, violate any laws in your jurisdiction, including, but not limited to, motor vehicle, cellphone usage, and/or any other electronic device usage laws. You must not transmit any worms, malware, spyware, viruses, and/or any type of code of a harmful, intrusive, destructive, disruptive, abusive, and/or obstructive nature, including, but not limited to, anything that might interfere with the proper functionality of the Site and/or the operations of Triangle One Music.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion, at any time, and for any reason, without giving you any prior notice:
(a) restrict, suspend, or terminate your access to all or any part of our Site;
(b) change, suspend, or discontinue all or any part of our products or Site;
(c) refuse, move, or remove any content that is available on all or any part of our Site;
(d) deactivate or delete your accounts; and/or
(e) establish general practices and limits concerning the use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications, such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content/information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, and/or exploit any portion of the Site, use of the Site, access to the Site, or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Triangle One Music content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Triangle One Music and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Triangle One Music or our licensors, except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Triangle One Music Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Triangle One Music’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement. If you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, it is important for you to keep your username and password secure. You may not assign or otherwise transfer your account to any other person or entity. Your account is non-transferable. You acknowledge that Triangle One Music is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. You also acknowledge that, in the case you grant/permit a third party to access your account, Triangle One Music is not responsible for the usage and/or actions of said third party.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
(a) furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process; and
(b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone, knowingly or unknowingly, provides any information of a false, untrue, inaccurate, or incomplete nature, Triangle One Music will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any current or future use of Triangle One Music Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, and/or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Triangle One Music Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, and/or otherwise made available by Triangle One Music.
Furthermore, you herein agree not to make use of Triangle One Music’s Services for the purpose of:
(a) uploading, posting, emailing, transmitting, and/or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
(b) causing harm to minors in any manner whatsoever;
(c) impersonating any individual or entity, including, but not limited to, any Triangle One Music officials, forum leaders, guides, and/or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
(d) forging captions, headings, and/or titles, or otherwise offering any content that you personally have no right to pursuant to any law, nor having any contractual or fiduciary relationship with;
(e) uploading, posting, emailing, transmitting, and/or otherwise offering any such content that may infringe upon any patent, copyright, trademark, and/or any other proprietary or intellectual rights of any other party;
(f) uploading, posting, emailing, transmitting, and/or otherwise offering any content that you do not personally have any right to offer pursuant to any law, or in accordance with any contractual or fiduciary relationship;
(g) uploading, posting, emailing, transmitting, and/or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” and/or any other form of solicitation, except in any such areas that may have been designated for such purpose;
(h) uploading, posting, emailing, transmitting, and/or otherwise offering any program, file, source, and/or any such repository of data/information (that exists today or may exist in the future),
(i) which may contain a worm, malware, spyware, viruses, and/or any type of code; and/or
(ii) which have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, website, online services, electronic devices, smart devices, telecommunication equipment, and/or any such equipment, devices, and/or services that exist today or may exist in the future; and/or
(iii) by any means, be it wired, wireless, and/or any such protocols that exist today and/or may exist in the future, such as, and not limited to, Bluetooth, Zigbee, near-field communication, Wi-Fi, LiFi, and/or broadband cellular networks;
(i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
(j) interfering with or disrupting any Triangle One Music Services, servers, and/or networks that may be connected or related to our website and/or services, including, but not limited to, the use of any device, software, and/or routine to bypass the robot exclusion headers;
(k) intentionally or unintentionally violating any local, county, state, provincial, federal, national, and/or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation and/or other securities exchange, that would include, without limitation, the New York Stock Exchange, the American Stock Exchange, and/or the NASDAQ, and/or any regulations having the force of law;
(l) providing informational support and/or resources, concealing, and/or disguising the character, location, and/or source to any organization designated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
(m) engaging in actions and/or conduct towards another individual, corporation, organization, and/or any such entities, to:
(i) stalk, harass, bully, and/or carry out/execute any such conduct;
(ii) attemp to stalk, harass, bully, and/or carry out/execute any such conduct;
(iii)that result in stalking, harassing, bullying, and/or carrying out/executing any such conduct; and/or
(vi)with the intent to otherwise stalk, harass, bully, and/or carry out/execute any such conduct;
(n) collecting and/or storing of any personal data relating to any other member and/or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs; and/or
(o) engaging, executing, and/or carrying out any other limited and/or prohibited conduct/activities that may violate, intentionally or unintentionally, any local, county, state, provincial, federal, national, and/or international law; and/or any existing or future legislation, regulations, and/or contractual obligations.
Triangle One Music herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which may otherwise be considered offensive to other visitors, users, and/or members.
Triangle One Music herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law and/or in good faith belief that any such action is deemed reasonably necessary for:
(a) compliance with any legal process;
(b) enforcement of the Terms;
(c) responding to any claim that such contained content is in violation of the rights of any third party;
(d) responding to requests for customer service; or
(e) protecting the rights, property, and/or the personal safety of Triangle One Music, its visitors, users, and members, including the general public.
Triangle One Music herein reserves the right to include the use of security components that may permit digital information and/or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Triangle One Music and/or any other content providers supplying content services to Triangle One Music. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, and/or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct, and that which is considered acceptable content.
Uploading, posting and/or transferring of software, technology, and/or other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
(a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm), nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
(b) agree not to transfer any software, technology, and/or any other technical data through the use of our network Services to any export-prohibited country;
(c) agree not to use our website network Services for any military, nuclear, missile, chemical, and/or biological weaponry end uses that would be a violation of the U.S. export laws; and
(d) agree not to post, transfer, nor upload any software, technology, and/or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
Triangle One Music shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Triangle One Music the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
(a) The content submitted or made available for inclusion on the publicly accessible areas of Triangle One Music’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Triangle One Music’s sites, and shall terminate at such time when you elect to discontinue your membership.
(b) Photos, audio, video, and/or graphics submitted and/or made available for inclusion on the publicly accessible areas of Triangle One Music’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Triangle One Music’s sites, and shall terminate at such time when you elect to discontinue your membership.
(c) For any other content submitted or made available for inclusion on the publicly accessible areas of Triangle One Music’s sites, the continuous, binding, and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and/or the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Triangle One Music’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards, groups, forums, and/or such areas that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include, but are not limited to, our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Triangle One Music may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
(a) your contributions do not contain any type of confidential and/or proprietary information;
(b) Triangle One Music shall not be liable and/or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
(c) Triangle One Music shall be entitled to make use of and/or disclose any such Contributions in any such manners as they may see fit;
(d) the contributor’s Contributions shall automatically become the sole property of Triangle One Music; and;
e) Triangle One Music is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – INDEMNITY
Any and all users and/or members agree to insure and hold Triangle One Music, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless, faultless, immune, exempted, and/or not liable/responsible for any claim and/or demand, (a) which may include, but is not limited to, reasonable attorney fees made by any member, user, and/or third party, (b) which may arise from, but is not limited to, any content a member and/or user of our Site may submit, post, modify, transmit, and/or otherwise make available through our Services, the use of Triangle One Music Services, and/or your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person and/or third party.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, exploit, nor any such reuse, for any commercial reasons, any part, use of, and/or access to Triangle One Music sites.
SECTION 8 – MODIFICATIONS
Triangle One Music reserves the right, at any time it may deem fit, to modify, alter, and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable/responsible to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, and/or any part thereof.
SECTION 9 – TERMINATION
As a member of http://triangleonemusic.com, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request.
As a member, you agree that Triangle One Music may, with or without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and/or access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
(a) any breach or violation of our Terms or any other incorporated agreement, regulation, legislation, and/or guideline;
(b) by way of requests from law enforcement or any other governmental agencies;
(c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
(d) unexpected technical and/or security issues and/or problems;
(e) any extended periods of inactivity;
(f) any engagement by you in any fraudulent and/or illegal activities; and/or
(g) the nonpayment of any associated fees that may be owed by you in connection with your http://triangleonemusic.com account Services.
Furthermore, you herein agree that any terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you and/or any other third party with regards to the termination of your account, associated email address, and/or access to any of our Services.
The termination of your account with http://triangleonemusic.com shall include any and/or all of the following:
(a) the removal of any access to part or all of the Services offered within http://triangleonemusic.com;
(b) the deletion of your password and any related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
(c) the barring of any further use of part or all of our Services.
SECTION 10 – LINKS
Either Triangle One Music or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites and/or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, and/or any other materials, on or available from such third-party sites and/or resources. Furthermore, you acknowledge and agree that Triangle One Music shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, and/or allegedly to be caused by, or in connection with, the use of or the reliance on any such content, goods, and/or Services made available on, or through, any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Triangle One Music’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements, and/or information presented by and through our Services, and/or by advertisers, is protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law and/or as authorized by Triangle One Music, and/or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on Triangle One Music Services (e.g. Content or Software), in whole or in part.
Triangle One Music hereby grants you a personal, non-transferable, and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, and/or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, and/or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Triangle One Music for use in accessing our Services.
SECTION 12 – WARRANTY DISCLAIMERS
You herein expressly acknowledge and agree that:
(a) The use of Triangle One Music services and software are at your own sole risk. Our services and software shall be provided on an “as is” and/or “as available” basis. Triangle One Music and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
(b) Triangle One Music LLC and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that:
(i) Triangle One Music services and/or software will meet your requirements;
(ii) Triangle One Music services and/or software shall be uninterrupted, timely, secure, and/or error-free;
(iii) such results which may be obtained from the use of the Triangle One Music services and/or software will be accurate and/or reliable;
(iv) quality of any products, services, any information, and/or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
(c) Any information and/or material downloaded or otherwise obtained by way of Triangle One Music services and/or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, and/or for any loss of data that could result from the download of any such information or material.
(d) No advice and/or information, whether oral or written, that may be obtained by you from Triangle One Music, or by way of or from our services or software, shall create any warranty not expressly stated in the terms.
SECTION 13 – LIMITATION OF LIABILITY
You explicitly acknowledge, understand, and agree that Triangle One Music and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or any other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
a) the use or inability to use our service;
b) the cost of procuring substitute goods and services;
c) unauthorized access to, or the alteration of, your transmissions and/or data;
d) statements or conduct of any such third party on our service;
e) and any other matter which may be related to our service.
You also explicitly acknowledge, understand, and agree that a small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our Services, and that such occurrences are outside of the control of Triangle One Music and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors. Furthermore, certain situations may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, and/or anyone in your family and/or vicinity have an epileptic episode or condition, in no manner Triangle One Music and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors are liable/responsible for such occurrence. As a general precaution, please consult a physician if you experience any of the following symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, and/or convulsions.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release Triangle One Music (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and/or any other third parties) from claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of and/or in any way connected to such dispute.
SECTION 15 – NOTICE
Triangle One Music may furnish you with notices, including those with regards to any changes to the Terms, by means of, but not limited to, email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand, and agree that all of the Triangle One Music trademarks, copyright, trade name, service marks, and other Triangle One Music logos and any brand features, and any and all product and service names are trademarks and as such, are and shall remain the property of Triangle One Music. You herein agree not to display and/or use in any manner the Triangle One Music logo and/or marks without obtaining Triangle One Music’s prior written consent.
Triangle One Music will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Triangle One Music may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
(a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
(c) a description of the location of the site which you allege has been infringing upon your work;
d) your physical address, telephone number, and email address;
e) a statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) and finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Triangle One Music LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: Triangle One Music LLC
Attn: Copyright Agent
5868 E 71st St Suite E-551
Indianapolis, Indiana 46220
Email: admin@triangleonemusic.com
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Triangle One Music, and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Triangle One Music Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Triangle One Music Services, affiliate Services, third-party content, and/or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Triangle One Music with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Indiana, without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Triangle One Music, shall be filed within the courts having jurisdiction within the County of Marion, Indiana or the U.S. District Court located in said state. You and Triangle One Music agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Triangle One Music fail and/or omit to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID, contents within your account, and/or any existing rights and/licenses related to your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that, regardless of any statute or law to the contrary, any claim or action arising out of, or related to the use of our Services or the Agreement, must be filed within one (1) year after said claim or cause of action arose. Otherwise it shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to Triangle One Music LLC as follows:
Mailing Address: Triangle One Music LLC
Attn: Copyright Agent
5868 E 71st St Suite E-551
Indianapolis, Indiana 46220
Email: admin@triangleonemusic.com
SECTION 23 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests (including, but not limited to, subpoenas and/or court orders), to protect our systems, and/or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 24 – FOREIGN ACCESS OF SITE
The Site is controlled, operated, and administered by Triangle One Music from our offices within the United States of America. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use Triangle One Music’s content accessed through the Site in any country and/or in any manner prohibited by any applicable laws, restrictions, and/or regulations.
SECTION 25 – ERRORS, INACCURACIES, AND/OR OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/or availability. We reserve the right to correct any errors, inaccuracies, and/or omissions, and/or to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, and/or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, and/or on any related Site, should be taken to indicate that all information on the Site and/or on any related Site has been modified or updated.
SECTION 26 – PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Triangle One Music Online Privacy Policy (see the full Privacy Policy at https://triangleonemusic.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, and/or use by Triangle One Music LLC and/or our subsidiaries and affiliates.
Last Updated: September 10, 2023