Terms and Conditions

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 Effective January 1, 2023

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1. Introduction

These Terms and Conditions (the "Terms") govern your use of the websites, mobile applications, and digital goods operated by IXM Media LLC (collectively referred to as the "Site"). The Site is provided by IXM Media LLC and its affiliated entities (collectively "IXM Media," "we," or "us"). Please be aware that we may modify these Terms at any time without prior notice by posting the changes on the Site.

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2. Purchases and Web Store Terms

The Site may offer the option to purchase physical or digital goods. Any purchases made on IXM Media Sites are subject to IXM Media Web Store Terms and Conditions.

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​3. Acceptance of Terms

By accessing or using the Site, including registering for an account, interacting with the Site, or providing feedback, you acknowledge and accept these Terms. You also agree to follow all rules, terms, conditions, restrictions, and notices outlined in these Terms. If you do not agree with these Terms, you should not access or use the Site.

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4. Ownership and Proprietary Rights

Regarding your use of the Site, all rights, titles, and interests in and to the Site, including all content (such as audio, photographs, illustrations, graphics, video, text, software, etc.), code, data, and materials on the Site, as well as the overall design, organization, and compilation of these elements, belong exclusively to IXM Media. This includes, but is not limited to, copyrights, trademarks, patents, databases, moral rights, sui generis rights, and other intellectual property and proprietary rights. Your use of the Site does not grant you any ownership rights in any content, code, data, or materials accessible on the Site.

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5. Use of Site Content

You may view the Site's content on your computer or other internet-compatible devices and create single copies or prints of the content for your personal, internal use only. However, any commercial distribution, publication, or exploitation of the Site or its content, code, data, or materials is strictly prohibited unless you have obtained prior written permission from IXM Media or the relevant rights holder. Unauthorized use may result in violations of copyright laws, intellectual property rights, and other applicable state and federal laws, potentially leading to legal consequences. IXM Media will enforce its intellectual property rights to the fullest extent permitted by law, including pursuing legal action if necessary.

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6. Trademark Usage

The trademarks, logos, service marks, and trade names (collectively "Trademarks") displayed on the Site are either registered or unregistered Trademarks owned by IXM Media or other entities. These Trademarks may not be used in connection with products or services that are not affiliated with, associated with, or sponsored by the respective rights holders. Additionally, the Trademarks may not be used in any manner that discredits or disparages their owners. Any Trademarks not owned by IXM Media but appearing on the Site are the property of their respective owners. Nothing on the Site should be interpreted as granting, either explicitly or implicitly, any license or right to use any Trademark displayed on the Site without written permission from IXM Media or the relevant third-party Trademark owner. Unauthorized use of the Trademarks displayed on the Site is prohibited, and IXM Media will take measures to protect its Trademark rights, including pursuing criminal charges if necessary.

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7. User Information

In the course of using the Site, you may be asked to provide personalized information ("User Information"). Our policies regarding the collection and use of User Information are detailed in the Site's Privacy Policy, which is incorporated herein by reference for all purposes. By providing User Information, you acknowledge that you are solely responsible for the accuracy and content of such information.

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8. SMS/Mobile Programs

When you enroll in a text message service ("Mobile Program") offered by IXM Media or an artist we endorse, you consent to receive offers, abandoned shopping cart messages, and other information from IXM Media or the relevant artist via SMS and/or MMS messages at the mobile number you provided during registration. You may need to respond to an initial message to complete registration and confirm enrollment.

Messages may be sent using an automatic telephone dialing system. Unless otherwise disclosed and agreed upon by you, this service is provided at no additional charge, though you may be offered opportunities to make purchases through the Mobile Program, for which you will be responsible for any associated charges. The frequency of messages may vary, and your mobile carrier's message and data rates may apply to any messages you send or receive through the Mobile Program, including confirmations and subsequent texts. For details regarding your mobile data and messaging plan, contact your mobile carrier.

As described during program enrollment and in welcome messages, you may text "STOP" to cancel or "HELP" for customer support information. To inquire about SMS marketing, you can contact customer support via email at privacy@tuckergentry.com, using "SMS Marketing Inquiry" as the subject line.

If you choose to discontinue your subscription, you agree to receive a final text message from the Mobile Program confirming your cancellation. Our information collection and use policies relating to your information are detailed in our Privacy Policy. Mobile Programs with marketing messages, including abandoned shopping cart messages, may use information collected about you in accordance with our Privacy Policy to associate your activity with your mobile number, personalize messages, and/or connect your mobile number to an abandoned shopping cart.

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9. Unsolicited Materials

Unless explicitly requested, we do not solicit nor wish to receive confidential, secret, or proprietary information, or any other materials from you through the Site, via email, or through any other means. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials that you submit or send to us ("Submitted Materials") will not be regarded as confidential or secret, and we may use them in a manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials, you (i) represent and warrant that the Submitted Materials are your original creations, that no other party holds any rights to them, and that any "moral rights" related to the Submitted Materials have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part), and/or incorporate it into other works, across any form, media, or technology currently known or later developed. We are not responsible for maintaining any Submitted Materials you provide to us and may delete or destroy such materials at any time.

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10. User Conduct

While using the Site, you warrant and agree that you will not upload, post, transmit, or distribute materials that infringe upon third-party copyrights or other proprietary or intellectual property rights, are unlawful, threatening, hateful, defamatory, deceptive, fraudulent, invasive of another's privacy or publicity rights, obscene, or contain explicit or graphic descriptions of sexual acts (including violent or threatening sexual language), impede or restrict any other user's ability to utilize and enjoy the Site, constitute or promote conduct that could result in a criminal offense or civil liability, contain viruses or other harmful components, or include any form of advertising or false or misleading statements.

You also agree not to impersonate any individual or entity, misrepresent your affiliation with any other person or entity, exploit information or material obtained through the Site for commercial purposes without authorization, engage in spamming, harvesting of email addresses, or send chain letters or pyramid schemes through the Site, or attempt to gain unauthorized access to other computer systems through the Site.

Additionally, you agree not to use the Site in any manner that could damage, disable, overburden, or impair its functionality or interfere with any other party's use 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.

Although IXM Media may periodically monitor or review discussions, chats, postings, or similar locations on the Site, IXM Media is not obligated to do so and accepts no responsibility for the content of such areas. IXM Media shall not be liable for any errors, defamation, libel, omission, obscenity, pornography, profanity, or inaccuracy contained within any information posted in these areas on the Site.

If you include a link from any other website to the Site, such a link must open in a new browser window. You also agree not to link to this Site from any other website in a manner that frames, surrounds, or obscures the Site or any of its pages with third-party content or branding. IXM Media reserves the right to revoke your permission to link to the Site at any time, with written notice.

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11. Indemnification

You agree to defend, indemnify, and hold IXM Media and its directors, officers, employees, agents, or content or service providers (collectively "Protected Entities") harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorney's fees, arising from your use of the Site, your placement or transmission of any message, content, information, software, or other materials through the Site, or your violation of any law or these Terms. IXM Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with IXM Media's defense of such claim.

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12. Account and Password

You may be granted the ability to create an account on the Site ("Account") using a stand-alone registration or social media logins ("Login"). You are solely responsible for maintaining strict confidentiality regarding any username or password assigned to you through your Login. You are also responsible for any access to or use of the Site through your Account, whether or not such access or use has been authorized by you, and whether or not such access or use was carried out by your employee or agent. All activities conducted through your Account are your responsibility.

You agree to ensure that you log out of your Account at the end of each session and immediately notify IXM Media if you suspect unauthorized use of your password or Account or any other security breach has occurred. It is your sole responsibility to control the dissemination and use of your password, regulate access to and use of your Account, and notify IXM Media when you wish to cancel your Account on the Site. IXM Media shall not be liable for any loss or damage resulting from your failure to comply with this provision.

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13. Software Downloads

If you receive software demos or other software products downloaded from the Site or provided by IXM Media upon your request, your use of such software will be subject to the software license agreement accompanying said software.

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14. Orders for Products and Services

We may offer certain products to visitors and registrants of the Site. For example, you may be able to order specific music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and are 18 years of age or older. You agree to pay the full prices for any purchases you make either by credit/debit card at the time of your online order or by other accepted payment methods by IXM Media. You also agree to cover all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all outstanding amounts upon our request.

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15. Third-Party Websites

The Site may provide links to third-party websites ("Linked Sites"). These Linked Sites may include platforms where you can purchase products, some of which may be IXM Media products. You acknowledge and agree that IXM Media bears no responsibility for the information, content, products, services, advertising, code, or other materials provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by IXM Media of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites.

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16. DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS, AS WELL AS ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION. FURTHERMORE, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, NO WARRANTIES MAY ARISE FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IXM MEDIA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

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17. LIMITATION OF LIABILITY

IN NO EVENT SHALL IXM MEDIA OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT. THIS INCLUDES DAMAGES SUCH AS LOST BUSINESS OR LOST SALES, EVEN IF SUCH A PROTECTED ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO IXM MEDIA FOR YOUR USE OF THE SITE.

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18. Applicable Laws

We maintain and operate the Site from our offices within the United States. We do not represent that the materials on the Site are suitable or accessible for use in other locations. Individuals who choose to access the Site from other locations do so at their own risk and are responsible for adhering to local laws, if applicable.

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19. Modifications to the Site and the Services

We reserve the right, at our sole discretion and for any reason, to terminate, alter, suspend, or discontinue any aspect of the Site. This includes, but is not limited to, content, features, or hours of availability. We may also impose restrictions on specific Site features or limit your access to part or all of the Site without prior notice or penalty. IXM Media retains the right to temporarily or permanently terminate your membership on the Site for any reason, with or without prior notice.

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20. Notices and Contact Information

All notices required or permitted under these Terms must be in written form and will be delivered personally, sent via registered or certified mail, or courier service to the following address:

IXM Media, Inc., 201 Rainbow Drive, #10137, Livingston TX 77399.

If personally delivered, notices shall be deemed received on the delivery date. If sent via registered or certified mail, notices shall be deemed received three business days after mailing. Notices sent via courier service shall be deemed received two business days after deposit with the service.

For any inquiries, comments, or complaints regarding the Site, please feel free to contact us at TOC@ixmmedia.com.

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21. Miscellaneous

Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court shall strive to give effect to the parties' intentions as reflected in the provision. All other provisions of these Terms remain in full force and effect.

In accordance with and subject to the stipulations, covenants, representations, warranties, and conditions outlined in this document, IXM Media affirms that the use of digital entities represented on this platform may be constructs devoid of physical, cognitive, or volitional capacity. These entities may be sustained through algorithmic programming, computational processes, and digital engineering techniques, and may or may not lack self-awareness, independent thought, or biological presence. This disclosure ensures compliance with legal and regulatory requirements governing the representation of non-corporeal entities in digital domains.

The conceptualization and operation of this entity are based on advanced technological paradigms, including algorithmic logic and data-driven programming techniques. While beyond the scope of this document, these technological underpinnings enable the use of entity's with virtual manifestations and interactions within the digital ecosystem. This disclosure serves as a legal articulation to ensure compliance with the statutory and regulatory mandates governing digital entities.

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22. Dispute Resolution

You and IXM Media agree to resolve any disputes through binding, non-appearance-based arbitration, administered by [Arbitration Service], following the rules and procedures of [Arbitration Service]. However, IXM Media may seek injunctive or equitable relief in any court of competent jurisdiction. These Terms are governed solely by the laws of the State of South Dakota, without regard to its conflict of laws principles. Disputes between you and IXM Media regarding the Site must be resolved exclusively through arbitration in Rapid City, SD USA.

Before commencing arbitration, you and IXM Media agree to attempt informal negotiation to resolve the dispute for 60 days after notice of the dispute. If the dispute remains unresolved after this period, either you or IXM Media may initiate arbitration. The dispute will be heard by a single neutral arbitrator, and their decision will be final, subject only to a limited right of appeal as per applicable arbitration rules. By agreeing to arbitration, you waive the right to litigate a dispute in court before a judge or jury. The arbitration proceedings will follow the rules and procedures of the chosen arbitration service, and any arbitration award may be entered in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be combined with any other arbitration or claim, and class arbitration proceedings are not allowed, only on an individual basis. In no event shall any claim, action, or proceeding by you related to the Site be initiated more than one year after the cause of action arose.

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Rapid City, SD USA. You also consent to the personal jurisdiction of such courts for litigating any relevant claim or action.