TERMS OF USE

Last updated and effective as of July 1, 2024.

This website (https://anjalts.com/) and on-line store (https://www.anjaltsmerch.com/) are operated by IXO Music on behalf of Anjalts. 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 IXO Music (collectively, the “Parties”), and you. These Terms contain important information regarding your legal rights, remedies and obligations.

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 IXO Music and/or Anjalts have previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

ADDITIONAL TERMS

IXO Music and/or Anjalts have 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, IXO Music and/or Anjalts’s Privacy Policy, and other site policies (orders, payment, shipping, and refunds). The Privacy Policy, incorporated herein by reference, explains how IXO Music and/or Anjalts 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.

IXO Music and Anjalts 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 either IXO Music or Anjalts.

OWNERSHIP

The Parties 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 Parties 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 Parties and such others.

The name and trademark ANJALTS and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”) are the exclusive property of ANJALTS and/or IXO Music.  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 Anjalts, 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 the Parties 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 the Parties, 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 IXO Music and/or Anjalts 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 IXO Music and/or Anjalts, and each of the Parties, 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 Parties 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 us 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 the us and the Parties shall survive termination of the Service or Your Account (as defined below). The Parties do 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 IXO Music and/or Anjalts shall have no obligation of any kind with respect to such information.

You acknowledge and agree that you are solely responsible for Your Content. The Parties 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.  The Parties reserve 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.  IXO Music and Anjalts 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, IXO Music and Anjalts 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.   IXO Music and Anjalts 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, IXO Music and/or Anjalts 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. IXO Music and/or Anjalts 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 IXO Music and/or Anjalts, 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 IXO Music and/or Anjalts, 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 Parties’ 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 IXO Music and/or Anjalts 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 the Parties 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 IXO Music and/or Anjalts 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. Parties may assume that any communications they receive under Your Account have been made by you. You grant to the Parties 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 the Parties 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 IXO Music and/or Anjalts immediately, via our contact page at https://anjalts.com/contact, 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 IXO Music and/or Anjalts may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

IXO Music and/or Anjalts 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 UMG Anjalts, or a third party due to someone else using Your Account.

IXO Music and Anjalts 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, IXO Music and/or Anjalts will, in appropriate circumstances, permanently terminate Your Account and remove all of Your Content from the Services.  If appropriate, in their sole discretion, IXO Music and/or Anjalts 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, IXO Music and Anjalts 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.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that IXO Music and Anjalts 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 Anjalts, 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 Parties’ control.  IXO Music and Anjalts do not examine or evaluate these websites and we are not responsible for their content or operation.  By providing links to these websites, IXO Music and Anjalts 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.

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 Florida, 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 Anjalts irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Palm Beach County, Florida, 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.

CONTACT US

If you have any questions about these Terms, please contact us at our contact page https://anjalts.com/contact.