Terms and Conditions

Updated: 10/10/2024

800 POUND GORILLA RECORDS, LLC WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS

DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

800 Pound Gorilla Records, (“800 Pound Gorilla Records,” “we,” or “us”), provides the website www.800poundgorillarecords.com (“800 Pound Gorilla Records Site”) as a destination for users to enjoy the content posted by 800 Pound Gorilla Records and other users and participate in discussion and commentary based on that content and text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, and computer code (collectively, the “Content”). The Content, our video player, and any other features, tools, materials, or other services offered from time to time by 800 Pound Gorilla Records through the Site, mobile applications and other means are referred to collectively as the “800 Pound Gorilla Records Services.”

By using any of 800 Pound Gorilla Records Services, you are agreeing to these Terms.

2. CHANGES TO THESE TERMS

We may need to make changes to these Terms for many reasons. You should look at these Terms regularly, which are posted on the 800 Pound Gorilla Records Site and are accessible via a link at the bottom of page. If we make a material change to these Terms, we will notify you by posting notice of the change on 800 Pound Gorilla Records Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms are effective automatically 30 days after they are initially posted.

3. ACCESS AND USE OF 800 Pound Gorilla Records SERVICES

3.1 Age Limitations. If you are under the age of 13, you are not permitted to register with 800 Pound Gorilla Records or provide your personal information to 800 Pound Gorilla Records.

3.2 Your License. 800 Pound Gorilla Records is pleased to grant you a non-exclusive limited license to use 800 Pound Gorilla Records Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.

3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. The Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the 800 Pound Gorilla Records Site is owned, controlled, or licensed by or to 800 Pound Gorilla Records, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. You may not either directly or through the use of any software or other means interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism or other content protection measure associated with the Content. You may not either directly or through the use of any software or other means copy, download, distribute, modify, display, sell, or transmit the Content. You may not make the Content available via frames. In addition, you are prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content.

Except as expressly provided in these Terms, no part of the 800 Pound Gorilla Records Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise, without 800 Pound Gorilla Records’ express prior written consent.

3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of 800 Pound Gorilla Records video player, its underlying technology, any digital rights management mechanism, or other content protection measure incorporated into the video player.

3.5 Embedding a Video Using the Video Player. Where 800 Pound Gorilla Records has incorporated an embed option in connection with Content on 800 Pound Gorilla Records Services, you may embed videos using the video player, provided you do not embed the Video Player on any website or other location that contains, links to, or hosts content that is unlawful, pornographic, obscene, libelous, threatening, vulgar, hateful, racially offensive, encourages criminal conduct, gives rise to civil liability, infringes any right of any third party, or is otherwise inappropriate or objectionable to 800 Pound Gorilla Records in its sole discretion (collectively, “Unsuitable Material”).

3.6 Ownership. You agree that 800 Pound Gorilla Records owns and retains all rights to 800 Pound Gorilla Records’ Services. You further agree that the Content you access and view as part of 800 Pound Gorilla Records Services is owned or controlled by 800 Pound Gorilla Records and/or 800 Pound Gorilla Records’ licensors.

3.7 Your Responsibilities. You will not use 800 Pound Gorilla Records Services in a way that:

violates the rights of others, including trademark, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to 800 Pound Gorilla Records Services that is not authorized by 800 Pound Gorilla Records;
involves accessing 800 Pound Gorilla Records Services through any automated means, including “robots,” “spiders,” or “offline readers”;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware;
damages, disables, overburdens or impairs 800 Pound Gorilla Records Services, including 800 Pound Gorilla Records’ servers, computer network, or user accounts;
removes, modifies, obscures or otherwise impairs any advertising in connection with 800 Pound Gorilla Records Services;
uses 800 Pound Gorilla Records Services to advertise or promote services that are not expressly approved in advance in writing by 800 Pound Gorilla Records;
collects information in violation of 800 Pound Gorilla Records’ Privacy Policy;
violates these Terms or any guidelines or policies posted by 800 Pound Gorilla Records;
interferes with any other party’s use and enjoyment of 800 Pound Gorilla Records Services; or
attempts to do any of the foregoing.

3.8 No Spam/Unsolicited Communications. You may not use 800 Pound Gorilla Records Services to harvest information about users for the purpose of sending, or to facilitate the sending of, unsolicited bulk or other communications.

3.9 Additional Terms. In order to participate in certain 800 Pound Gorilla Records Services or access certain Content, you may be notified that it is necessary to agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

3.10 Suspension/Discontinuation. We may change, suspend, or discontinue some or all of 800 Pound Gorilla Records Services with respect to any or all users, at any time without notice or liability to you.

3.11 Third Party Content. The 800 Pound Gorilla Records Site may incorporate certain functionality that allows, via the system or network of which the 800 Pound Gorilla Records Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such 800 Pound Gorilla Records Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with functionality. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). These Terms do not create any legal relationship between you and the provider of such Third Party Content with respect to such Third Party Content, and nothing in these Terms shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Artists, Representatives, or Providers, with respect to any Third Party Content.

4. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account with 800 Pound Gorilla Records. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

You are responsible for all use of your account. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using 800 Pound Gorilla Records Services.

All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at info@800pgm.com as soon as you know of, or suspect any unauthorized use of, your account.

We reserve the right to immediately terminate your use of 800 Pound Gorilla Records Services at any time, without notice or liability, if 800 Pound Gorilla Records determines in its sole discretion that you have breached these Terms or for any other business reason.

5. COLLECTION AND USE OF PERSONAL INFORMATION

For information about 800 Pound Gorilla Records’ policies and practices regarding the collection and use of your information, please read 800 Pound Gorilla Records’ Privacy Policy available at https://800poundgorillamedia.com/pages/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your use of 800 Pound Gorilla Records’ Services are governed by 800 Pound Gorilla Records Privacy Policy in effect at the time of your use.

In the course of your use of the 800 Pound Gorilla Records Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter in “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the 800 Pound Gorilla Records Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

For the avoidance of doubt, 800 Pound Gorilla Records does not knowingly disclose any of your personally identifiable information except as permitted under 18 U.S.C.S. § 2710.

6. PROGRAM VIEWING AND PURCHASE OPTIONS

6.1 Purchases. If you wish to purchase any products, merchandise, albums, videos, digital audio albums, etc. (the “Product(s)”) made available through the 800 Pound Gorilla Records Site (each such purchase a "Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant us the right to use such information in accordance with the 800 Pound Gorilla Records Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.

Descriptions and images of, and references to, Products on the 800 Pound Gorilla Records Site do not imply our endorsement of such Products. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product. Price and availability of any Product offered through the 800 Pound Gorilla Records Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse or cancel any Transaction for such Product. You shall pay all charges that may be incurred by you on your behalf through the 800 Pound Gorilla Records Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data, or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

EXCEPT TO THE EXTENT APPLICABLE LAW PROVIDES OTHERWISE, ALL SALES THROUGH THE 800 POUND GORILLA RECORDS SITE ARE FINAL, AND ALL CHARGES FROM THOSE SALES ARE NONREFUNDABLE. Fees are refundable in 800 Pound Gorilla Records’ sole discretion. We or our third-party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a “Download Now” link. We or our third-party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

6.2 Usage Restrictions for Products. All Products you purchase, obtain, or access on or through the 800 Pound Gorilla Records Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify, or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivates thereof to the Internet. Unless expressly permitted by us (e.g., a “Create Your Own Video” contest offered on the 800 Pound Gorilla Records Site), you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell, or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods, or services. You are not granted any commercial sale, resale, reproduction, distribution, or promotional use rights in connection with Products. Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the 800 Pound Gorilla Site:

Product Type	Terms of Usage
Full Permanent Non-MP3 Digital Audio Downloads	Personal Computers: You may not activate any audio track purchased or obtained via the 800 Pound Gorilla Records Site on more than three (3) traditional personal computers. CD Burning: You may not make more than seven (7) burns of a particular playlist (such as an album) to a CD. Portable Devices: You may not transfer audio tracks purchased or obtained via the 800 Pound Gorilla Records Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communications).
Full Permanent Digital Video Downloads	Personal Computers: You may not activate each video purchased or obtained via the 800 Pound Gorilla Records Site on more than three (3) traditional personal computers. No DVD Burning: You may not burn to DVD any digital copy of a purchased video. Portable Devices: You may not transfer videos purchased or obtained via the 800 Pound Gorilla Records Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communications).
Digital Video Rentals	Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 365 days or such other limited time period as specified in the particular offering pursuant to which the rental occurs.
Other	Any other types of digital products sold or offered on or in connection with the 800 Pound Gorilla Records Site are subject to the terms set forth in the specific offering pursuant to which the sale or other type of offering occurs. In the event of a conflict between these Terms and the terms and conditions set forth in such specific offering, the terms of the specific offering shall govern.

6.3 Rental Content. After paying the stated fee, you may stream the special an unlimited number of times during the stated rental period.

6.4 Free Content. Access to any video or audio special (the “Free Content”) on the 800 Pound Gorilla Records Site is subject to change at any time in 800 Pound Gorilla Records’ sole discretion. The Terms contained herein pertaining to including, but not limited to, Usage Restrictions, Content, copyrights, and trademark protections are to be extended to the Free Content.

6.5 In-App Purchases. 800 Pound Gorilla Records may allow you to purchase Products within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. Any billing inquiries should be directed to the app platform.

7. USER MATERIALS, REVIEWS, AND COMMENTS

7.1 Your Posts. As part of 800 Pound Gorilla Records Services, users may have an opportunity to publish, submit, or otherwise post (collectively, “Post”) videos, blogs, reviews, comments, or other materials (collectively, “User Material”). In order to keep 800 Pound Gorilla Records Services enjoyable for all of our users, you must adhere to the rules below.

You must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant 800 Pound Gorilla Records the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees and other payments owed to any party by reason of your Posting User Material. 800 Pound Gorilla Records will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that 800 Pound Gorilla Records does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to 800 Pound Gorilla Records. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant 800 Pound Gorilla Records a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any website, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to 800 Pound Gorilla Records is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to 800 Pound Gorilla Records), fully-paid, royalty-free (meaning that 800 Pound Gorilla Records is not required to pay you for the use of your User Material), and freely sublicensable. By Posting your User Material, you also hereby grant each user of 800 Pound Gorilla Records Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of 800 Pound Gorilla Records Services and under these Terms.

7.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. 800 Pound Gorilla Records does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of 800 Pound Gorilla Records. We reserve the right, but have no obligation, to remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does 800 Pound Gorilla Records assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against 800 Pound Gorilla Records with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by contacting us through this link: https://800poundgorillamedia.com/pages/send-us-feedback.

8. LINKED DESTINATIONS AND ADVERTISING

8.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that 800 Pound Gorilla Records operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within 800 Pound Gorilla Records Services, we will not warn you that you have left 800 Pound Gorilla Records Services and are subject to the terms and conditions (including privacy policies) of another website or destination.

800 Pound Gorilla Records is not responsible for the content or practices of any website or destination other than 800 Pound Gorilla Records Site, even if it links to 800 Pound Gorilla Records Site and even if the website or destination is operated by a company affiliated or otherwise connected with 800 Pound Gorilla Records.

8.2 Advertisements. 800 Pound Gorilla Records takes no responsibility for advertisements or any third party material Posted on any of 800 Pound Gorilla Records Services, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using 800 Pound Gorilla Records Services are between you and the advertiser, and you agree that 800 Pound Gorilla Records is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

The trademarks, marks, logos, graphics, scripts, sounds, service marks, and tradenames (collectively the “Trademarks”) displayed on 800 Pound Gorilla Records Services are registered and unregistered Trademarks of our parent company, The Music Syndicate, LLC, a New Jersey limited liability company, and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by The Music Syndicate, LLC that appear on 800 Pound Gorilla Records Services, if any, are the property of their respective owners. Nothing contained on 800 Pound Gorilla Records Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the 800 Pound Gorilla Records Site without the prior written permission of The Music Syndicate, LLC or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on 800 Pound Gorilla Records Services is strictly prohibited. The Music Syndicate, LLC will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

10. UNSOLICITED SUBMISSIONS

It is 800 Pound Gorilla Records’ policy not to accept unsolicited submissions, including scripts, story lines, articles, characters, drawings, information, suggestions, or ideas. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the 800 Pound Gorilla Records Site, by email, or in any other way. 800 Pound Gorilla Records’ policy is to delete or ignore any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any 800 Pound Gorilla Records creative work, including a film, series, video, blog post, story, title, or concept, would be purely coincidental.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

YOU AGREE THAT USE OF 800 POUND GORILLA RECORDS SERVICES IS AT YOUR OWN RISK. 800 POUND GORILLA RECORDS SERVICES, INCLUDING 800 POUND GORILLA RECORDS SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH 800 POUND GORILLA RECORDS SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 800 POUND GORILLA RECORDS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT 800 POUND GORILLA RECORDS SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL 800 POUND GORILLA RECORDS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “800 POUND GORILLA RECORDS PARTIES”), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF 800 POUND GORILLA RECORDS SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH 800 POUND GORILLA RECORDS SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF 800 POUND GORILLA RECORDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 800 POUND GORILLA RECORDS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF 800 POUND GORILLA RECORDS SERVICES. 800 POUND GORILLA RECORDS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through 800 Pound Gorilla Records Services infringes your copyright, trademark or other proprietary right, you should notify 800 Pound Gorilla Records of your claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that 800 Pound Gorilla Records receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright or other infringement should be emailed to 800 Pound Gorilla Records’ intellectual property agent at info@800pgm.com (subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Attention:
800PoundGorillaRecords.com
c/o 800 Pound Gorilla Records
2515 Cruzen Street
Nashville, TN 37211

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright or other proprietary interest; (ii) a description of the copyrighted work or other material that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on 800 Pound Gorilla Records Services that is reasonably sufficient to enable 800 Pound Gorilla Records to identify and locate the material; (iv) how 800 Pound Gorilla Records can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other proprietary rights owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

800 Pound Gorilla Records has a policy of terminating repeat infringers in appropriate circumstances

13. GENERAL INFORMATION

13.1 Export Controls. Software and the transmission of applicable technical data, if any, in connection with 800 Pound Gorilla Records Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

13.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Davidson County, State of Tennessee for any claim relating to 800 Pound Gorilla Records Services.

13.3 Arbitration. Any controversy or claim arising out of or relating to these Terms, its enforcement, arbitrability, or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles, California before a single neutral arbitrator with at least ten (10) years of experience in matters concerning the entertainment industry. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute, and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the rules of the organization that is selected. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent the same is not precluded by another provision of this Agreement.

13.4 Class Action Waiver. YOU AND WE AGREE TO WAIVE CLASS ACTION PROCEDURES. You and we agree that any and all Dispute arising out of or relating to, including but not limited to, any software, Service, Content, Video Player, Product, Transaction, merchandise, or disclosure will be brought in an individual capacity and you hereby waive your right to bring, file, or be a member of any class action lawsuit or seek relief on a class basis brought against 800 Pound Gorilla Records, LLC, its subsidiaries, or affiliates. “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and 800 Pound Gorilla Records.

13.5 No Waiver/Reliance. If we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, 800 Pound Gorilla Records’ decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

13.6 Integration, Amendment, and Severability. Please note that these Terms, including 800 Pound Gorilla Records’ Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and 800 Pound Gorilla Records and govern your use of 800 Pound Gorilla Records Services (but excludes any relationship that 800 Pound Gorilla Records may have with you under a separate signed written agreement), and completely replaces any prior agreements between you and 800 Pound Gorilla Records in relation to 800 Pound Gorilla Records Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

SMS TERMS & CONDITIONS

Please read these terms and conditions carefully. By providing your telephone number(s) and confirming your acceptance of SMS/text messages from 800 Pound Gorilla Media, LLC, through electronic and/or digital means, you expressly consent to receive recurring non-marketing and marketing text messages from 800 Pound Gorilla Media, LLC (“800 Pound Gorilla”), and others texting on behalf of 800 Pound Gorilla, including text messages made with an automatic telephone dialing system, at the telephone number(s) that you provide. Your consent is not required to purchase any goods or services. You may opt out of these communications at any time. Message and data rates may apply. Message frequency varies.

You also accept and agree to be bound by these SMS Terms and Conditions, our Terms and Conditions, our Privacy Policy, and any other applicable terms and agreements related to your use of 800 Pound Gorilla services.

Program Description

800 Pound Gorilla and its service providers may use an automatic telephone dialing system to deliver text messages to you. 800 Pound Gorilla text messages are intended to provide you with information about 800 Pound Gorilla goods and services.

Cost

Message and data rates may apply to each text message sent or received in connection with 800 Pound Gorilla text messages as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans. 800 Pound Gorilla does not impose a separate fee for sending 800 Pound Gorilla text messages.

How to Opt In

To opt in to receive text messages from 800 Pound Gorilla, please follow the instructions provided when you enroll via the 800 Pound Gorilla website.

How to Opt Out

To stop receiving text messages from 800 Pound Gorilla, use the mobile phone corresponding to the number enrolled in 800 Pound Gorilla Media, LLC text messages and reply “STOP” in response to a text message from the 800 Pound Gorilla text messaging program or text “STOP” to +1 (855) 656-2581. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs where you have enrolled.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying 800 Pound Gorilla immediately if you change your mobile telephone number. You may notify 800 Pound Gorilla of a number change via the "Feedback" page on its website.

You agree to indemnify 800 Pound Gorilla in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify 800 Pound Gorilla if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act and state telemarketing laws.

Privacy

Please click this link to access 800 Pound Gorilla Media, LLC Privacy Policy.

Carriers

We are not able to deliver messages to the following mobile phone carriers: Cricket, MetroPCS and Boost Mobile. ***Carriers are not liable for delayed or undelivered messages***

Access or Delivery to Mobile Network Is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of 800 Pound Gorilla, and 800 Pound Gorilla is not responsible or liable for issues arising from them.

Support/Help

For help or support, reply “HELP” in response to a text message from the 800 Pound Gorilla text messaging program or text “HELP” to +1 (855) 656-2581. You may also receive help via the "Feedback" page on the 800 Pound Gorilla Media, LLC website.

Eligibility

To receive 800 Pound Gorilla text messages, you must be a resident of the United States and 18 years of age or older. 800 Pound Gorilla reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

800 Pound Gorilla may revise, modify, or amend these SMS Terms and Conditions at any time. We will provide notice of any such revision, modification, or amendment through reasonable means, including but not limited by email to any email address you provide or by text message to any telephone number you provide. Said revision, modification, or amendment shall not apply retroactively and will not be effective until seven (7) days after we provide notice. If you do not agree to the revision, modification, or amendment, you must opt-out of 800 Pound Gorilla text messages within the 7-day notice period. If you do not opt-out, you will be deemed to have accepted the revision, modification, or amendment.

Termination of Text Messaging

800 Pound Gorilla may suspend or terminate your receipt of 800 Pound Gorilla text messages for any reason, including if 800 Pound Gorilla believes you are in breach of these SMS Terms and Conditions. Your receipt of 800 Pound Gorilla text messages is also subject to termination if your mobile telephone service terminates or lapses. 800 Pound Gorilla reserves the right to modify or discontinue, temporarily or permanently, all or any part of 800 Pound Gorilla text messages, with or without notice.

Communications and Consent to Electronic Notices

You may communicate with 800 Pound Gorilla via postal mail, telephone, and our website. 800 Pound Gorilla may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.

You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use 800 Pound Gorilla Products or Services.

Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, 800 Pound Gorilla will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, 800 Pound Gorilla reserves the right to terminate your use of 800 Pound Gorilla Products or Services.

To receive, access, and retain the notices that 800 Pound Gorilla sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that 800 Pound Gorilla may send. You may update your contact information via the Feedback page on the 800 Pound Gorilla website.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

By email: info@800pgm.com
By mail: 2515 Cruzen St. · Nashville, TN · 37211