Terms and Conditions

Terms and Conditions 

Welcome to bobbychaniel.com. The bobbychaniel.com website (the “Site”) is comprised of  various web pages operated by Bobby Chaniel LLC. (“Bobby Chaniel”). bobbychaniel.com is  offered to you conditioned on your acceptance without modification of the terms, conditions, and  notices contained herein (the “Terms”). Your use of bobbychaniel.com constitutes your agreement  to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.    

bobbychaniel.com is an E-Commerce Site.  

The purpose of this website is to collect subscribers for an email list and to conduct business with  fans of the “Bobby Chaniel” brand. Bobby Chaniel sells music, merchandise, and offers services to  other person(s) such as features, production, and mixing/mastering tracks.  

Your use of bobbychaniel.com is subject to Bobby Chaniel’s Privacy Policy. Please review our  Privacy Policy, which also governs the Site and informs users of our data collection practices.    

Visiting bobbychaniel.com or sending emails to Bobby Chaniel constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.    

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that Bobby Chaniel is not  responsible for third party access to your account that results from theft or misappropriation of  your account. Bobby Chaniel and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion.  

Bobby Chaniel does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use bobbychaniel.com only with  permission of a parent or guardian.  

bobbychaniel.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bobby Chaniel and Bobby Chaniel is not responsible for the contents of any  Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bobby Chaniel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bobby Chaniel of the site or any association with its operators.  

Certain services made available via bobbychaniel.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the bobbychaniel.com  domain, you hereby acknowledge and consent that Bobby Chaniel may share such information and  data with any third party with whom Bobby Chaniel has a contractual relationship to provide the  requested product, service or functionality on behalf of bobbychaniel.com users and customers.    

You are granted a non-exclusive, non-transferable, revocable license to access and use  bobbychaniel.com strictly in accordance with these terms of use. As a condition of your use of the  Site, you warrant to Bobby Chaniel that you will not use the Site for any purpose that is unlawful  or prohibited by these Terms. You may not use the Site in any manner which could damage,  disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the  Site. You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Bobby Chaniel or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will 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.  Bobby Chaniel content is not for resale. Your use of the Site does not entitle you 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 Bobby Chaniel 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 Bobby Chaniel or our licensors except as expressly authorized by  these Terms.  

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, “Communication  Services”). You agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service.  

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another’s computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

Bobby Chaniel has no obligation to monitor the Communication Services. However, Bobby  Chaniel reserves the right to review materials posted to a Communication Service and to remove  any materials in its sole discretion. Bobby Chaniel reserves the right to terminate your access to  any or all of the Communication Services at any time without notice for any reason whatsoever.    

Bobby Chaniel reserves the right at all times to disclose any information as necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in Bobby Chaniel’s sole discretion.    

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. Bobby Chaniel does not control or endorse the content,  messages or information found in any Communication Service and, therefore, Bobby Chaniel  specifically disclaims any liability with regard to the Communication Services and any actions  resulting from your participation in any Communication Service. Managers and hosts are not  authorized Bobby Chaniel spokespersons, and their views do not necessarily reflect those of  Bobby Chaniel.  

Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

Materials Provided to bobbychaniel.com or Posted on Any Bobby Chaniel Web Page

Bobby Chaniel does not claim ownership of the materials you provide to bobbychaniel.com  (including feedback and suggestions) or post, upload, input or submit to any Bobby Chaniel Site or  our associated services (collectively “Submissions”). However, by posting, uploading, inputting,  providing or submitting your Submission you are granting Bobby Chaniel, our affiliated companies  and necessary sublicensees permission to use your Submission in connection with the operation of  their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,  publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to  publish your name in connection with your Submission.  

No compensation will be paid with respect to the use of your Submission, as provided herein.  Bobby Chaniel is under no obligation to post or use any Submission you may provide and may  remove any Submission at any time in Bobby Chaniel’s sole discretion.  

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

You will be able to connect your Bobby Chaniel account to third party accounts. By connecting  your Bobby Chaniel account to your third party account, you acknowledge and agree that you are  consenting to the continuous release of information about you to others (in accordance with your  privacy settings on those third party sites). If you do not want information about you to be shared  in this manner, do not use this feature.  

The Service is controlled, operated and administered by Bobby Chaniel from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the Bobby Chaniel Content  accessed through bobbychaniel.com in any country or in any manner prohibited by any applicable  laws, restrictions or regulations.  

You agree to indemnify, defend and hold harmless Bobby Chaniel, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Bobby Chaniel reserves the right, at its own cost, to assume the exclusive defense and control of  any matter otherwise subject to indemnification by you, in which event you will fully cooperate with  Bobby Chaniel in asserting any available defenses.  

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Bobby Chaniel agree otherwise, the arbitrator may not  consolidate more than one person’s claims, and may not otherwise preside over any form of a  representative or class proceeding.  

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. BOBBY CHANIEL LLC. AND/OR ITS SUPPLIERS MAY  MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.    

BOBBY CHANIEL LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  BOBBY CHANIEL LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL BOBBY CHANIEL LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,  WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF BOBBY CHANIEL LLC. OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE  SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,  THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED  WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.    

Bobby Chaniel reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of New York and you  hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising  out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does  not give effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Bobby Chaniel as a result of this agreement or use of the Site. Bobby Chaniel’s  performance of this agreement is subject to existing laws and legal process, and nothing contained  in this agreement is in derogation of Bobby Chaniel’s right to comply with governmental, court and  law enforcement requests or requirements relating to your use of the Site or information provided  to or gathered by Bobby Chaniel with respect to such use. If any part of this agreement is  determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,  the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.    

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and Bobby Chaniel with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and Bobby  Chaniel with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or relating  to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.  

Bobby Chaniel reserves the right, in its sole discretion, to change the Terms under which  bobbychaniel.com is offered. The most current version of the Terms will supersede all previous  versions. Bobby Chaniel encourages you to periodically review the Terms to stay informed of our  updates.  

Bobby Chaniel welcomes your questions or comments regarding the Terms:  

Bobby Chaniel LLC.  

Email Address:  info@bobbychaniel.com

Effective as of May 12, 2021