EFFECTIVE DATE

January 1, 2021 at 12:01 AM

INTRODUCTION

Welcome to this EIGHTY ONE KEYS LLC website - www.eightyonekeys.com, mobile site (this “Website”) or mobile application (“App”). Please read these Website Terms of Use carefully before using this Website (the “Website”). These Website/App Terms of Use (the “Terms of Use”) govern your access to and use of the Website/App. These Terms of Use, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.

The Website/App is available for your use only on the condition that you agree to the Terms of Use set forth below. By using this Website/App, you accept and agree to be bound by the terms and provisions of these Terms of Use. In addition, when using this Website/App, you shall be subject to any posted guidelines or rules applicable to any and all services offered on this Website/App. ANY PARTICIPATION IN THESE SERVICES WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF USE. If you do not agree to all of the Terms of Use, please do not access or use the Website/App.

PRIVACY POLICY

By following this link you will find our Privacy Policy: CLICK HERE

LIMITATION OF LIABILITY

Except as otherwise set for on this Website/App or in these Terms of Use, including without limitation, the product or service descriptions of specific products or services. This Website, the Products and Services offered for sale or for lease on it and the transactions conducted through it are provided by us on an “AS IS” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website/App or the information, content, materials, or products included on this Website/App. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This Website/App may include inaccuracies, mistakes or typographical errors, we do not warrant that the content will be uninterrupted or error free.

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this Website/App, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability. 

INTELLECTUAL PROPERTY (IP)

For the purpose of this Terms of Use, “material” means any material published on this Website/App, without limitation, all text, images, branding, logos, domain names (eightyonekeys.com) and graphics of any nature whatsoever, regardless of whether the copyright and/or database right or any other intellectual property rights in the material vest in EIGHTY ONE KEYS LLC, our licensors or third parties. 

In good faith, and in accordance with the DMCA (Digital Millennium Copyright Act) Notice, when 81 KEYS becomes aware that another person’s or entity’s intellectual property is being displayed on this Website/App it will be promptly removed. Furthermore, any other legal requirements that must be fulfilled will be satisfied.

USER SUBMITTED CONTENT

This Website/App may have “publicly accessible areas,” which include but are not limited to message boards, forums, blogs, profiles, comment feeds or other features that allow users to post content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other content you elect to post to such publicly accessible areas of this Website/App, while you retain any and all of your lawfully owned rights in such content, you grant EIGHTY ONE KEYS LLC a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content which you provide (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of this Website/App to access, display, view, store, distribute, perform, reproduce and prepare derivative works of such content that you have placed in publicly accessible areas of this Website/App. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your content. 81 KEYS is under no obligation to post or use any content you may provide and 81 KEYS may remove your content at any time in its sole discretion. You agree that 81 KEYS is not under any obligation of confidentiality, express or implied, with respect to your content. You represent and warrant that you own or otherwise control all necessary right to the content that you post, that such content is accurate, that use of the content you supply does not violate these Terms of Use, specifically including with limitation the requirements of Section 14 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify 81 KEYS for all claims resulting from the content you supply.

EIGHTY ONE KEYS LLC does not generally pre-screen or control content posted by users of this Website/App, and, therefore, does not guarantee the accuracy, integrity or quality of such content. 81 KEYS shall have the right (but not the obligation) at its sole discretion to monitor, refuse or remove any content that is available via this Website/App for any reason, including that any content violates these Terms of Use or is otherwise objectionable. We take no responsibility and assume no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Website/App, we are only a forum and are not liable for any statements, representations, or content provided by Website/App users. Any opinions, advice or recommendations expressed therein are those of the users providing such content and not those of 81 KEYS. We do not endorse any content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Website/App is used to disseminate statements that are harmful or inflammatory. 

REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on this Website/App, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, 81 KEYS may without notice suspend or terminate your access to this Website/App and refuse any and all current or future use of the Website/App (or any part thereof).

If any portion of the Website/App requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify 81 KEYS of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which 81 KEYS may otherwise have, 81 KEYS reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website/App and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, 81 KEYS may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall 81 KEYS be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of 81 KEYS under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder. 

The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Website/App is invulnerable to all security breaches, and that 81 KEYS makes not warranty, guarantee, or representation that use of any of this Website/App is protected from viruses, security threats or other vulnerabilities. 

RULES OF ACTIVITY

We want our service to be as open and as inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. 

In accordance with the laws of the State of Washington, a person must be at least eighteen years of age to legally enter into a binding contract. As such, since most of the services provided on this Website/App require a contract and the products provided on this Website/App require online debit or credit card purchases, and the legal age for ownership of a debit or credit card is eighteen years old, you must be at least eighteen years of age to access these products and services. 

The material on this Website is believed to have either “literary, artistic, political, or scientific value” (U.S. Dept. of Justice), nonetheless, some of the material on this Website may “contain strong language or depictions of violence, sex or substance abuse” (Recording Industry Association of America) to those ends. As such, “parental discretion is advised.” 

We cannot prevent people of any age from visiting this Website/App, but for the reasons stated above, this Website/App is intended for people who are at least eighteen years of age.

In any social forum, which may be included in this Website/App, which may or not include, but is not limited to blogs, message boards, forums, profiles or comment feeds, whether created by this Website/App or a third party, lewd and obscene content is expressly prohibited, and hate speech will not be tolerated and is expressly prohibited. We retain the right to conceal, remove, or report any content posted onto this Website/App which does not comply and conform with these Terms of Use.

We want people to be able to freely and safely use this Website/App, but not at the expense of the safety and wellbeing of others or the integrity of our community. You may not use our products or services to do or share anything that breaches these Terms of Use, that is unlawful, misleading, discriminatory or fraudulent, that infringes or breaches someone else’s rights, including their intellectual property rights. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our products or services. You may not access or collect data from our products or services using automated means (without our prior permission) or attempt to access data that you do not have permission to access. 

Our services evolve constantly. As such, the services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the services or any features within the services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the services, limit distribution or visibility of any content on the services, suspend or terminate users, and reclaim usernames without liability to you.

RIGHT TO TERMINATE ACCOUNTS

We can remove any content or information you share on the service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the service to you (including terminating or disabling your account) immediately to protect our community of services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people’s intellectual property rights, or where were are permitted or required to do so by law. If you believe you account has been terminated in error, or you want to disable or permanently delete your account, please contact us at info@eightyonekeys.com 

PRICING, FEES AND PAYMENT

Customer agrees to pay all fees in the currency and payment period specified in the applicable Order Form. EIGHTY ONE KEYS LLC’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of 81 KEYS. Customer will make tax payments to 81 KEYS to the extent amounts are appropriately included in EIGHTY ONE KEYS LLC’s invoices. 81 KEYS sends invoices electronically, and invoices for the 81 KEYS Service in advance as set out in the Order Form, and for overages or additional CPM, if applicable in the relevant Order Form, monthly in arrears. If Customer requires a Purchase Order number referenced on EIGHTY ONE KEYS LLC’s invoice, Customer must promptly provide the Purchase Order number. If Customer does not promptly provide the Purchase Order number, Customer agrees to pay the invoice without a referenced Purchase Order Number. Some customers may have the option to pay by credit card. If Customer is paying by credit card, it authorizes 81 KEYS to charge and fees other amounts automatically to Customer’s credit card without invoice. Payments are non-refundable and non-creditable and payment obligations non-cancellable. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.

The prices of EIGHTY ONE KEYS LLC’s products and services are listed with the description of the product or service and are subject to change without notice at our sole discretion.

JURISDICTION & GOVERNING LAW

These Terms of Use shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Website/App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of King Country, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be drought within one (1) year after the cause of action arises, or such a claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between 81 KEYS and you arising out of or in connection with your use of the Website/App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed shirts (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. 

THIRD PARTIES

Neither party shall have the right to assign or subcontract any of its obligations or duties under this Terms of Use, without the prior written consent of the other party, which consent shall be in the sole determination of the party with the right to consent. Notwithstanding the foregoing, either party may, without the consent of the other party, assign the agreement to an affiliate or subsidiary or to any person that acquires all or substantially all of the assets of a party.

CONTACT INFORMATION

EIGHTY ONE KEYS LLC, welcomes your questions or comments regarding this Statement of Privacy. If you believe that 81 Keys has not adhered to this Statement, please contact 81 Keys at:

Email Address:

info@eightyonekeys.com

Telephone Number:

1 (661) 478-1965

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