Terms & Conditions
Last updated & effective: April 26, 2025
These terms and conditions (the “Terms”) govern your access to and use of ASMC Media Group’s websites and mobile applications (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with ASMC Media Group (“ASMC Media”). It is important that you read carefully and understand the Terms. If you do not agree with these Terms, please do not use the Website. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Website. References to “we”, “us” and “our” refer to ASMC Media.
Use of the Website
We grant you permission to use the Website subject to the restrictions in these Terms. You may use the Website for personal, non-commercial purposes only. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You agree not to:
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Violate any applicable laws or regulations
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Infringe upon or violate our intellectual property rights or the rights of others
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Transmit any harmful or malicious code
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Engage in unauthorized data mining, scraping, or harvesting
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Attempt to interfere with the Website's proper working
We reserve the right to terminate or restrict your access to the Website if you violate these Terms. The Website may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to ASMC Media.
Intellectual Property
All material on the Website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to ASMC Media and is protected by copyright, trademark, and other intellectual property rights. Material on the Website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of ASMC Media in each instance. You may download material intentionally made available for downloading from the Website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
Merchandise and Sales
All sales of merchandise made through the Website are subject to product availability.
We reserve the right to refuse or cancel any orders, limit quantities, and correct pricing errors, even after an order has been submitted. Shipping, taxes, and return policies are outlined during the checkout process and are considered part of these Terms.
If you wish to purchase products or services described on the Website initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. ASMC Media will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. ASMC Media does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
User Content
If you submit or post any content to the Website (such as comments, photos, or messages), you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such content for promotional purposes, with attribution where appropriate. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Website, you are granting ASMC Media a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You are solely responsible for any content you provide and must ensure that it does not violate any laws or infringe upon the rights of others. You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless ASMC Media and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any or no reason whatsoever.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of ASMC Media, its labels, or any person or entity associated with ASMC Media. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
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Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
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Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
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Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
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Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without ASMC Media’s prior written consent;
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Solicit, request or collect personal information for commercial or unlawful purposes;
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Solicit personal information from minors;
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Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
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Engage in keyword spamming, or otherwise attempt to manipulate the Website’s search results; or
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Impersonate any other individual or entity.
You also agree not to, and will not assist, encourage, or enable others to:
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Restrict or inhibit any other user from using and enjoying the Webite (for examples, by means of hacking or defacement);
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Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Website;
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Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
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Record, process or mine information about other users;
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Reformat or frame any portion of the Website;
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Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ASMC Media’s technology infrastructure or otherwise make excessive traffic demands of the Website;
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Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
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Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
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Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
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Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website content or features that enforce limitations on the use of the Website.
Links to Third-Party Sites
The Website may include links to other websites or applications (each, a “Third-Party Site”). Unless otherwise noted, ASMC Media does not operate, control or endorse any information, products, or services on any Third-Party Site. You agree that we are not responsible for the availability or contents of any Third-Party Sites and that your use of any Third-Party Site is at your own risk.
Disclaimer of Warranties
The Website and all related content are provided on an "as is" and "as available" basis.
We make no warranties, expressed or implied, regarding:
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The accuracy, reliability, or availability of the Website
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The merchantability or fitness for a particular purpose of any content, merchandise, or services provided
Your use of the Website is at your sole risk.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any damages of any kind arising out of or related to your use of, or inability to use, the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ASMC MEDIA AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. ASMC MEDIA MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE CONTENT. ACCORDINGLY, ASMC MEDIA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE WEBSITE.
B. ASMC MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.
C. ASMC MEDIA, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD-PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES AND/OR ANY THIRD-PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
D. ASMC MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY THIRD-PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. ASMC MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE OR ANY THIRD-PARTY SITE.
F. ASMC MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE WEBSITE.
Indemnification
You agree to indemnify, defend and hold harmless ASMC Media and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Website, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Website, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ASMC Media reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Privacy Policy
Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Void Where Prohibited
Although this Website is accessible worldwide, not all products or services discussed or referenced on this Website are available to all persons or in all geographic locations. ASMC Media reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Website is void where prohibited.
Governing Law
These Terms are governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to principles of conflicts of law. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California, in the United States of America, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) 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; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
General Terms
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website.
D. Any failure by ASMC Media to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not assignable, transferable or sublicensable by you except with ASMC Media’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
F. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Designated Agent Under the Digital Millenium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that ASMC Media should be notified of a possible online copyright infringement involving any ASMC Media Website, please notify ASMC Media’s designated agent: M. Chavez, Esq., Business and Legal Affairs Department, ASMC Media Group, 31855 Date Palm Drive, Suite 3 #243, Cathedral City, CA 92234. Phone: 951-494-0044; Email: inquiries@asmcmedia.com.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
Changes to These Terms
We reserve the right to modify these Terms at any time. If we make changes, we will post the updated Terms on the Website and update the "Effective Date." Your continued use of the Website after any changes constitutes acceptance of the new Terms.
