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Terms of service

Last modified: July 14, 2019

These “Terms of Service” set forth the terms and conditions that apply to your use of YOU GOD´S MUSIC site and all other “YOU GOD´S MUSIC” Services (definitions below). By using the site (other than to read this page for the first time), you agree to comply with all of the Terms of Service set forth herein. The right to use the site is personal to you and is not transferable to any other person or entity.

BY CREATING A YOU GOD´S MUSIC ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.

USE OF SITE AND/OR SERVICE

Overview

YOU GOD´S MUSIC and the services provided (“Service”) are maintained and operated by YOU GOD´S MUSIC Inc., and/or its affiliates (“us”, “we”, “our”, “the Company”). In the context of this agreement, “YOU GOD´S MUSIC”, shall mean YOU GOD´S MUSIC Inc. site.

YOU GOD´S MUSIC COMMUNITY is a web platform designed to create a space of unity and joy through the power of music where all the artists who join are always welcome to post, showcase and share their original music and projects with the community. Our stated mission (and goal) is to enable you to easily create your profile and website widgets, that show your projects, media, skills, and contact information in an effortless way. This information you can choose if is public for all the community or private, that means only your friends can see it. If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use this site or this Service automatically terminates.

Under this agreement, “Services” shall mean any of the Internet-based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise. “User Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, “Skins”, “Sketches”, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user. “User Profile” shall mean any intellectual property created by a user as part of his or her use of the Service.

We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the site.

Where we modify the Services or we modify these Terms, we will make all reasonable efforts to tell you in advance of any modifications that will disadvantage our users or limit the access or usage of Service. Your continued use of the Services after the effective date of any such modifications means that you agree to the Service or the Terms as modified.

For modifications to the Terms or to the Service that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as possible.

We may notify you by either posting a new version of this Term of Service, notifying visitors on the site that a new version has been posted, or by e-mail to the last known address on file. You can send an email with any questions relating to these Terms of Service yougodsmusic.org support.

You may stop using the Service at any time, you can erase your profile by yourself. Your continued use of YOU GOD´S MUSIC after the effective date of any modifications to the Terms means that you agree to the Terms as modified.

 

Use of the site – What YOU GOD´S MUSIC Provides

YGM grants to you a non-exclusive, non-transferable, revocable limited membership to use the Service and platform and to become part of the community. You agree not to copy or distribute the content of the other members of the community except as specifically allowed in right by the author. You also agree that you have no right to access, view or alter any source code or object code of the Community Platform.

YGM grants you a limited revocable license to post a copy of your User Created Art, on your own personal website or on a third-party website that complies with all applicable laws and these Terms of Service.

Finally, the Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

Use of the site – Your Obligations

You represent and agree that:

  • you are able to enter into this agreement. You have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms;
  • you are at least 13 years old, and if you are less than the age of consent in the state or jurisdiction where you are located, your parent or legal guardian has reviewed these Terms and granted permission to use the Service. If you are not at least 13 years old, you must discontinue using the Service immediately;
  • you will be bound by any additional rules or policies published within or with respect to any application (“app”), forum, contest, or game provided in the Service;
  • except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
  • any User Created Art is your original work and your contribution to the User Created Art does not violate any third party’s privacy rights, publicity rights, copyrights or other intellectual property rights. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Art;
  • you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names, and similar intellectual property;
  • you do not rely on the Company to monitor or edit the Service;
  • the Service may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
  • you will ensure that your account information (the information you provided when you registered for YOU GOD´S MUSIC) remains current, complete, accurate and truthful. All YOU GOD´S MUSIC accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your YOU GOD´S MUSIC account.
  • you are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to YOU GOD´S MUSIC, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.

INTELLECTUAL PROPERTY RIGHTS

Your rights

You retain full ownership to your content (“User Content”). By “User Content” we understand both the content you upload on the YOU GOD´S MUSIC site (“User Contributed Content”) and the content you generated/published on the YOU GOD´S MUSIC site (“User Created Art”). YOU GOD´S MUSIC does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (“User Content”) that you post on or through the YOU GOD´S MUSIC site. We do, however, need you to grant us certain rights in the “User Content”, so that we can incorporate such “User Content” in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through our site. By displaying or publishing any content on or through the YOU GOD´S MUSIC Services, you hereby grant to YOU GOD´S MUSIC a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Site in any media formats through any media channels, except content not shared publicly (“private”) which will not be distributed outside the YOU GOD´S MUSIC Services.

YOU GOD´S MUSIC Rights

All materials contained on the YOU GOD´S MUSIC network site are copyrighted by YOU GOD´S MUSIC Inc. and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of the site including related graphics.

The materials found on the Site are protected by the United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the site is copyright © 2018, YOU GOD´S MUSIC Inc. Permission is granted to view and print materials from the YOU GOD´S MUSIC site for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of YOU GOD´S MUSIC Inc., is strictly prohibited.

yougodsmusic.org, YOU GOD´S MUSIC and other trademarks and/or service marks (including logos and designs) found on the YOU GOD´S MUSIC network site are trademarks/service marks that identify the YOU GOD´S MUSIC network site and the goods and/or services provided by them. Such marks may not be used under any circumstances without the prior written authorization of YOU GOD´S MUSIC Inc.

You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.

USER SUBMISSIONS, SITE SECURITY, AND CONDUCT

Any Material you post publicly to the YOU GOD´S MUSIC site will be accessible to all users of the site (“Users”). We have incorporated all reasonable and commercially available measures to protect the site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the materials you post on the site. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, you agree not to:

  • upload, post or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any content with adult themes;
  • harm minors in any way;
  • upload, post or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
  • upload, post or otherwise transmit any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
  • upload, post or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
  • impersonate another person or entity, including, but not limited to, a Member or YOU GOD´S MUSIC official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service;
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • use the “Custom HTML” element to provide horrible user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
  • use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • create a false identity or forged e-mail address or header, or otherwise, attempt to mislead others as to the identity of the sender or the origin of the message;
  • transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
  • transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;
  • transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
  • violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
  • interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  • interfere with another User’s use and enjoyment of the Service.

YOU GOD´S MUSIC reserves the right to terminate any account or user who has violated any of the above prohibitions.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.

If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

NEWSLETTERS, DISCUSSION GROUPS, DISCLAIMER OF LIABILITY

Notices

YOU GOD´S MUSIC may provide you with notices, including service announcements and notices regarding changes to these Terms, by email, in-app message, notifications on the website, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

Newsletters

By creating an account on YOU GOD´S MUSIC you subscribe to our newsletter. You can opt-out from your account by unchecking the newsletter checkbox or from any email message that you receive by clicking the unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications, and special offers.

Discussion Groups

The Service may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company (“User Emails”) shall be the exclusive property of the Company.

You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, we may use User Content in a number of different ways, including displaying it on the Internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.

We do not control the Communications, information, or files delivered to discussion groups on the site. You understand and agree that we have no obligation to monitor the site or the use of its Service. We may monitor or review any areas on the site or this Service where you transmit or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communications made to or by means of any forum on the site are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to the site, in our forums or elsewhere.

WE DISCLAIM ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITE OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.

MEMBERSHIP

We use auto-renewal for all of our subscriptions. At the expiration of each subscription term, we will automatically renew your subscription and charge the credit card or another payment method you have provided to us unless you cancel your subscription at least 48 hours before the end of the current period. Unless otherwise stated in our Terms of service, your subscription will be automatically renewed at the same price, excluding promotional and discount pricing.

Limited Rights

  1. You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or another unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account
  2. Nothing in the Terms affects any legal rights that you are entitled to as a consumer under the EU law which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision, that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/.

REFUND POLICY

YOU GOD´S MUSIC offers the right to use its Services for free for potential customers to have an adequate opportunity to assess the value of these services prior to purchase a license/subscription.

Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables (such as banners downloaded from Bannersnack.com). Therefore, the Company does not accept refunds, returns, or exchanges. No refunds will be given, except in the Company’s sole and absolute discretion.

DELIVERABLES

All widgets, js codes, Flash files/SWF, data files, images and other final published files/deliverables are owned by you (the end-user) AS IS, meaning that after receiving/getting the code from our Services (e.g. published banners) the end-user is not allowed to change or modify anything inside the deliverable. He can use it only as it is provided by the Services. Exceptions can be made for html/js code that can be edited to comply with your site, but we do not support this action.

The SWF files downloadable from our Services are protected against further decompiling and unauthorized use, also an invisible signature text is inserted in each one of the deliverable SWFs to make sure that no one will try to use part of this code without our permission. This text is only visible to decompilers, debuggers, and some search engines, but not visible in the banner itself when played with FlashPlayer (e.g. YOU GOD´S MUSIC signature text is: Created with Bannersnack.com – the free Flash banner maker). To make sure that these texts are not picked up by any search engine, always use a JavaScript method to insert the SWF in your site (SWFObject for example, works great). Also, always make sure that the page where a SWF object is embedded has a meta-description, or at least a regular html text, other search engines may believe that your description text is our signature text, being the only text that actually exists on that page.

BUGS AND ISSUES

The Service licensed under the YOU GOD´S MUSIC site is tested over and over by our QA team; however, it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these cases, YOU GOD´S MUSIC (YOU GOD´S MUSIC Inc.) will try to fix the bugs, issues, and errors found and will supply the buyer with working updates. The free versions of the Services are designed especially to let prospective buyers test the software before they make a purchase, this is why a bug found in the YOU GOD´S MUSIC Service will not lead to a refund.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.

SERVICE RELIABILITY

We are using third party redundant Amazon AWS cloud services, which are currently the most reliable solutions available. All widgets and banners are hosted on Amazon S3. YOU GOD´S MUSIC cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third party server issues.

REPRESENTATIONS & WARRANTIES – DISCLAIMER OF WARRANTIES

The information and materials on the site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. YOU GOD´S MUSIC Inc., MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.

LINKS TO OTHER WEBSITES

The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course, we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. YOU GOD´S MUSIC Inc., will have no liability to any entity for the content or use of the content available through such hyperlink.

INDEMNITY

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out of the use of the site. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Service Provider’s registered office.

This Agreement constitutes the entire agreement between YOU GOD´S MUSIC and you with respect to the YOU GOD´S MUSIC network site and it supersedes all prior and similarly timed communications. If for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement. Any remaining provisions of the agreement will continue to be enforced with full effect.

If you are using the Services on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you

CONSEQUENCES OF VIOLATION OF TERMS

We may without notice to you, suspend your Service or remove any materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We will attempt to contact you prior to your suspension; however, prior notification is not assured.

You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms but also as an infringement of the Company’s copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.

You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), the Company shall have no obligation to make any refund to you.

Privacy policy

Last modified: May 24, 2018

Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit the site unless you choose to provide that information. This Privacy Policy does not describe information collection practices on other sites, including those linked to or from YOU GOD´S MUSIC.

WHAT INFORMATION DO WE COLLECT AND WHY DO WE COLLECT IT?
HOW IS YOUR INFORMATION SHARED?
HOW DO WE PROTECT THE PERSONAL INFORMATION WE COLLECT?
WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?
HOW DO YOU OPT-OUT OF PERSONAL INFORMATION SHARING WITH OUR BUSINESS PARTNERS?
HOW DO YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION?
WHAT IS OUR PRIVACY POLICY IF YOU ARE UNDER 13 YEARS OF AGE?
WHAT HAPPENS WHEN WE UPDATE OUR PRIVACY POLICY?
WHAT IF YOU HAVE QUESTIONS?
GDPR

WHAT INFORMATION DO WE COLLECT AND WHY DO WE COLLECT IT?

When you visit our site, we track information including the domain name and the name of the web page from which you entered our site, and how much time you spend on each of our pages. We also collect information such as how many times you click on each web page and the methods by which our site was found. We may also collect IP addresses and website usage information from you when you visit our site via the use of “cookies.” (An IP address is a number that is assigned to your device by your Internet Service Provider when you are accessing the Internet.)

Cookies: A cookie is a small file that is stored on the hard drive of your computer ready for future access when you return to our site. We use cookies to deliver web content specific to you and to keep track of your online order activity. Cookies cannot pass viruses, harm your computer or pass on private information such as an email address without the user’s intervention. Cookies contain session identification numbers that allow our systems to recall previous sessions for authentication efforts and assemble information from our gathered data. You can configure your computer’s browser to alert you when a site is attempting to send you a cookie and allow you to accept or refuse the cookie. In addition to cookies, we may use small bits of computer code called “one-pixel gifs,” “clear GIFs,” or “web beacons” embedded in web pages to monitor website activity. We use this collected electronic data to better design our site. We also collect statistical data on how our app is used and the banners and widgets created without it.

When you sign up with our service, we collect personal information that will allow you to log in to and use the YOU GOD´S MUSIC platform. If you do not consent to YOU GOD´S MUSIC collecting and storing this personal information, we cannot provide you with access to our platform. This information includes your name and your email address as requested at signup.

As you use our platform as a registered user, we also collect other information that will allow us to provide our service in a reliable manner. This information includes the IP addresses of the devices you use to login into our platform, the dates and times of your logins, the dates and times of your purchases. We also use third-party services such as Google Analytics, Hotjar, and Intercom in order to track your activity on our website. The information we collect through these third-party services includes your IP address, your device type, and Operating System, your Internet browser, your location, the pages on our website you have visited, the actions you’ve performed on these pages (including recordings of your interactions, such as movements, mouse clicks), and also the actions you’ve performed in our online app (such as number of banners you have created, upload and download history). We use such information to better understand your needs and improve our platform accordingly, and also to send you marketing messages that are relevant and match your interests.

We do not collect or distribute private data such as credit card numbers at all. This information is collected and stored on the servers of the payment processors (Stripe, Braintree) in order to enable one-time and recurring payments to us. If you wish to delete this information, you can do that in your account settings. All passwords are non-reversibly encrypted before being saved to the database, to ensure that they (and your personal information) cannot be stolen from us, even in case of a hacking attack. We do not collect any passwords at all for users that are connecting using the Facebook Connect API as well as for those connecting with Twitter, Google, and Yahoo APIs.

If you fill in a contact form or request to download a resource, you may be asked to provide personal data such as, but not limited to, your full name, your email address and your consent to receive marketing communications and materials. We collect and process this kind of personal data for the purpose of providing the desired service or resource, study your interests for marketing purposes or improving our website and platform.

If you leave comments or replies to comments on our community site (https://ygmcommunity.wpengine.com), you are required to provide your name, your email address and, optionally, your website URL. We require this personal data in order to ensure that you are a real person and to avoid spam. We do not use your personal data for marketing or any other purposes.

Please note that our platform connects with Google advertising solutions therefore we collect information about you throughout Google advertising services using cookies. Here is a link to Google Advertising Policy and how to opt-out: https://policies.google.com/technologies/ads. We also inform you that you should include the link above in your own privacy policy if you’re using our iframes and banner ads on your website.

HOW IS YOUR INFORMATION SHARED?

Service Providers

We use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

As of the date, this policy went into effect, we use Amazon Web Services for cloud services and database backup and storage. For more information about AWS please visit aws.amazon.com

We also use Intercom for marketing automation purposes, including email communications and messages on our website and platform. Intercom collects publicly available contact and social information related to you, such as your email address, company, job title, social network handles, and physical location, to optimize your user experience. For more information, please visit this page.

If you click on a link on our website and go to another site, you will be subject to that website’s privacy policy. If we conduct business with that website such that we need to exchange personally identifiable information, we will make sure that the business has a privacy policy just as protective as ours. We encourage you to read the posted privacy policy statement at any website before submitting any personal information at all.

Advertising

We use third-party cookies and so-called “pixels” from third parties that deliver ads online. These cookies and pixels track user behavior and allow the networks to serve you tailored advertising that might be of interest to you based on your use of YOU GOD´S MUSIC site.

To opt-out of Google’s use of cookies, please visit the Google Advertising opt-out page. To opt-out of targeted Facebook advertising, please visit this page. Please note however this does not opt you out of being delivered advertising. You will continue to receive generic ads.

Business Transfers

While we do not anticipate it, every business nowadays should plan for the possibility that it might sell certain or all of its assets to another company or individual, or that it might buy certain assets of another company or individual. If all or part of the company is sold, merged or otherwise transferred to another entity, the personal information you have provided to us may be transferred as part of that transaction. However, we will take steps to ensure that your personal information is used in a manner consistent with the provisions of our Policy.

Other recipients

Other than those who act on our behalf and except as explained in this Policy, the information you provide at this site will not be transferred to unrelated third parties unless we have your permission to do so. However, please note that personal information provided to this site is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. We allow you to control the disclosure of your non-public personal information to third parties for the marketing of third-party products and services (i.e., your consent is required for disclosure). We must disclose information, when requested, to comply with court orders or subpoenas.

HOW DO WE PROTECT THE PERSONAL INFORMATION WE COLLECT?

Your privacy and the security of your personal information are important to us. We maintain and protect the security of our servers and your personal information. No data transmission over the Internet can be guaranteed to be 100% secure, however. Accordingly, despite the safeguards in place to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. However, once we receive your personal information, we will undertake all commercially reasonable efforts to ensure its security on our systems. To secure the information we collect online, prevent unauthorized access, maintain data accuracy and ensure the only appropriate use of information, we have established appropriate physical, electronic and management safeguards. We require user names and passwords to access sensitive data. Unless you authorize unencrypted transmission, we will use industry-standard encryption methods to protect your data transmission.

WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?

We will retain your personal data as long as necessary to provide you with the requested services. Once you have deleted your account, we remove your personal data within 30 days from the account deletion date.

You can delete cookies from your hard drive at any time. You can set your Internet browser so that it will not allow cookies to be stored on your device. This may reduce the functionality of YOU GOD´S MUSIC and may mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your device can be found on www.allaboutcookies.org under the ‘manage cookies’ section. Alternatively, you can access further information by going to the help menu within your Internet browser. To opt-out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout. We use multiple Google products (like Google Analytics, Google+, Google Wallet, DoubleClick Ad Exchange, Google AdWords) throughout our site, platform and iframe embed codes. Therefore we inform you that Google does collect information on its own. Here is a link to Google’s Privacy Policy page: https://policies.google.com/privacy?hl=en where you’ll also find more information on how to opt-out of being tracked by Google.

HOW DO YOU OPT-OUT OF PERSONAL INFORMATION SHARING WITH OUR BUSINESS PARTNERS?

Other than agents who act on our behalf, the information you provide through our site will not be transferred to unrelated third parties unless we have your permission to do so. You can opt-out of receiving marketing emails at any time by logging into your account and changing your settings in the My Account – Account Settings – Email options section, or by contacting us at contact[@]bannersnack.com (with the subject “OPT-OUT”). We will, however, continue to send you emails with information such as, but not limited to: updates about major changes that may severely affect the way you use the platform, changes in your account status, payment failures and successes, or scheduled server updates when our platform may not function.

HOW DO YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION?

You can change or correct your account information at any time by logging into your YOU GOD´S MUSIC account.

WHAT IS OUR PRIVACY POLICY IF YOU ARE UNDER 13 YEARS OF AGE?

The site is not directed to children under thirteen (13) years of age, and children under such age must not use the site or services offered on it to submit any individually identifiable information about themselves.

WHAT HAPPENS WHEN WE UPDATE OUR PRIVACY POLICY?

We may on occasion update our Policy. Your acceptance of any minor changes to this Policy is indicated by your continued use of our Services. If we make any material changes to our Policy, we will post a notice about the change at a prominent location on our site. We encourage you to periodically review our site and this Policy for any changes.

WHAT IF YOU HAVE QUESTIONS?

Questions or comments regarding the site should be sent by e-mail to Bannersnack.com support or by U.S. mail to YOU GOD´S MUSIC iNC., 156 2nd Street, San Francisco, CA 94105 USA.

GDPR

If you are located in the European Union, starting with May 25, 2018, your personal data is protected by the General Data Protection Regulation (GDPR) in your relationship with all data controllers, both within and outside the EU.

The information presented in this section of the Privacy Policy applies only to EU residents.

If you are an EU resident, you need to be aware that the personal data that we collect about you may be transferred to and processed by recipients that are located outside the European Economic Area, some of which are certified under the EU-U.S. Privacy Shield, and some not. We will take all necessary measures to ensure that transfers out of the EEA are adequately protected as required by applicable data protection law.

We will retain your personal data that we collect as described in the previous sections of this Privacy Policy as long as necessary to provide you with the requested services. Once you delete your YOU GOD´S MUSIC account, we will take steps to remove your personal data from our systems within 30 days from the date of the account deletion. This does not apply to the extent needed to comply with legal or regulatory obligations to which YOU GOD´S MUSIC is subject (e.g. taxation purposes).

We may also retain your personal data after the termination of your account to the extent necessary to comply with applicable laws or if we need your personal data to establish, exercise or defend a legal claim. To the extent possible, we will restrict the processing of your personal data for such limited purposes after the termination of your account.

Your rights regarding your personal data as an EU resident

The right to withdraw your consent. When you sign up with YOU GOD´S MUSIC, you implicitly agree to our Terms of Service and Privacy Policy, including to how we collect, process and use your personal data. If at any moment after that you wish to withdraw your consent, you can do that with future effect. If you wish to withdraw your consent regarding the receipt of direct marketing communication via email, you can do that by logging into your account and changing your settings in the My Account – Account Settings – Email options section. If you wish to withdraw your consent regarding the collection of another type of personal data, please email us at info@yougodsmusic.org with your request and we will get back to you with a solution within 30 days from the date of your email. Please keep in mind, however, that certain personal data is absolutely necessary for us to be able to manage your account, so its deletion may only be possible with the deletion of the account altogether.

The right to request access to your personal data. You have the right to ask whether or not we collect or process personal data about you, and, if we do, to request access to your personal data. You have the right to find out what personal data we have collected about you, the purpose of the collection and who else we have shared this data with. Your access may be restricted, though, by other people’s rights and interests.

The right to request rectification of your personal data. At your request, we will rectify inaccurate personal data concerning you within 30 days of your request. You also have the right to ask us to complete personal data about you that is incomplete.

The right to be forgotten. At your request, we will erase personal data concerning you within 30 days of receiving your request. Please note that this request means we will have to delete your existing account and you will no longer be able to access your work.

The right to request the restriction of the processing. You have the right to request from us the restriction of processing your personal data. Please understand, however, that certain personal data processing is inherent to how our Service works and if you request its restriction, we may have to delete your account.

The right to request data portability. At your request, you will receive from us the personal data that we’ve collected about you, in a structured, commonly used and machine-readable format, within 30 days of your request.

The right to object. You have the right to object at any time to the processing of your personal data by us and we can be required to no longer process your personal data, especially if we collect and process your personal data for profiling purposes in order to better understand your interests in our products and services or for direct marketing. If you have a right to object and you exercise this right, we will no longer process your personal data.

For any request regarding your rights mentioned above, or if you have any questions about how we collect and process your personal data, you can email us at info@yougodsmusic.org. Please allow us 30 days to respond and fulfill your request.