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Terms of Use

Here’s the legal jargon that I had to put together to really legitimize the Collective for both you and I!

TERMS OF USE

1. Consent to Terms. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and Privacy Policy (these “Terms) and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this website. The purpose of this website is to provide information about Jamie Kent (“Jamie””) and the collective (“The Collective”) established by and operated by The Collective Music Group LLC (the “Company”, “we” or “us”) to provide Jamie’s fans who join The Collective (“Partners”) with the opportunity to get closer to Jamie, provide advice and input on Jamie’s music and career, and take advantage of benefits and rewards offered by us through The Collective. We may modify these Terms and the information on this website at any time, without notice to you, by posting such modifications on this website. By using this website following any modifications to these Terms, you agree to be bound by any such modifications to the Terms. Accordingly, you should visit this website from time to time to review the then-current Terms.

2. Ownership. This website, including all content herein and all scripts, code, flash movies, and programming techniques used on these pages (collectively, “Content”), is owned or controlled by us or our licensors. Except as set forth below, you may not appropriate Content for use on another website, reverse engineer Content, or engage in other activities prohibited by copyright and other intellectual property laws. All rights are reserved. You are invited to view the website as much and as often as you wish on your computer (or other compatible device), and you may provide other people links to the site or any of its pages, but you may not incorporate all or any part of this website site on your website in any manner that makes it appear that the site is part of yours. You may not modify or alter or create derivative works from the Content. You may not present any part of this website in an HTML FRAME, IFRAME, or other HTML layout object or technology which causes pages of this website to be visually incorporated in another. Any use of the Content of this website other than as expressly permitted herein is prohibited.

3. Fair Use. You may quote small sections of the text of this website, with appropriate attribution (including applicable trademark legends and copyright notices), as permitted by “fair use” laws. Any use beyond that which legally constitutes Fair Use is hereby prohibited unless permission is granted, in writing, by us. The text, graphical images, music files, and other Content of this website may be copied onto your computer (manually or via the automatic caching of pages typically performed by web browsing software) for your private use and enjoyment. However, except as permitted above, you may not distribute it to others under any other circumstances, whether or not a fee is charged or a profit is made. Notwithstanding the foregoing, you agree to cease any use of such text and other Content (even if such use is otherwise permitted herein) upon our written request.

4. Nature of Partnership. By purchasing a “Partnership” in The Collective, you acknowledge and agree that you are not receiving any stock or other financial, equity or ownership interest in The Collective or any other company or entity, nor any corporate voting rights that would accompany such. Partners in The Collective will provide financial support for Jamie’s career through their purchase of Partnership, and will be given the opportunity to voice their opinions and ideas on matters integral to Jamie’s success as a musician. These opinions will be taken very seriously by Jamie, but will not be considered formal or binding corporate “votes”. While Jamie understands and believes that it is in his best interest to seriously consider the input and advice of the Partners in The Collective, each Partner acknowledges and agrees that neither Jamie nor the Company is required to follow such advice or take any other action. Jamie shall have final approval on all matters with respect to his music and career, and Jamie and the Company shall have final approval on all matters with respect to The Collective.

5. Partnership Restrictions. In order to be Partner in The Collective or otherwise use this website, individuals must be thirteen (13) years of age or older. Persons who are under eighteen (18) years of age must have an adult register them for Partnership in The Collective. Please be advised certain Collective experiences are only available to individuals eighteen (18) years (and in some cases, twenty-one (21) years) of age or older. If you do not qualify, please do not attempt to participate. In order to participate in The Collective, an individual must be a Partner in good standing. The Collective is void where prohibited or restricted by law. We reserve the right to limit the access of minor Partners to certain rights, benefits, offerings or privileges of The Collective which we deem unsuitable to minors or in order to comply with applicable law.

6. Partner Forum. In return for purchasing a Partnership in The Collective, each Partner will receive access to a password protected part of the Collective’s website, where we will post questions and ideas seeking the advice of the Partners. Any comments or answers posted to the “Forum” of The Collective on this website become the property of the Company and are subject to the same restrictions described above. If you choose to post a message to the Forum, you agree to be bound by these terms, both with respect to Forum entries you posted and those you did not post. Without limiting the foregoing you represent and warrant: (a) your use of this website and The Collective is solely for lawful commercial and business purposes; (b) you have the necessary rights to provide all information and materials posted or uploaded to this website or the Forum (including all content, data, titles, URLs and descriptions), and that all such information and materials (i) do not and will not violate any applicable law, (ii) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right, or any privacy, publicity or other right of any third party; (iii) are not and will not be false, deceptive or misleading; (iv) are and will not be obscene, defamatory, libelous, slanderous or threatening; and (v) will be free of viruses, worms, disabling codes or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system hardware or software, or data or personal information. We reserve the right to remove any information or materials posted or uploaded to this website in our sole discretion.

7. Partner Benefits. In return for purchasing a “Partnership” in The Collective, we will provide you with receive certain benefits awarded to all Partners and, if applicable, specific additional benefits depending on your level of Partnership purchased. These are outlined below:

Benefits for all Partners

Each Partner will have the ability to have a voice in:
a. Consulting on the direction of Jamie’s individual songs
b. Consulting on the order of songs on Jamie’s albums
c. Consulting on the look and direction of art work on Jamie’s albums
d. Consulting on the location of Jamie’s performances
e. Advising on, suggesting, and facilitating various collaborations with respect to Jamie’s career

Each Partner will have:
a. Access on this website to any music recorded and released by Jamie. This will often include exclusive releases of live performances and songs only given to The Collective. You are encouraged to share the music with friends and family, but you may not resell or distribute any material downloaded from “The Collective Forum”.
b. A “The Collective: Founding Partner, 2009” T-shirt

Additional Benefits Depending on Partnership Level

The Basic Partner: Price, $25
a. A signed limited edition “The Collective EP”
The Amazing Partner: Price, $50
a. All of the above plus…
b. Free access to one live performance a year, for three years from the date of registration.*
c. A 10% discount on any merchandise sold by us through this website.
The Savvy Partner, Price, $100
a. All of the above plus…
b. Free access to ANY live performances over the next three years (starting with the date of registration).*
c. A 25% discount on any merchandise sold by us through this website.
The Amazing Partner, $500
a. All of the above, but for six years instead of three!
The Lifetime Partner, $1,000
d. All of the above, but for LIFE!!
The Savvy-Lifetime Partner, $1,000
a. All of the above, PLUS…
b. One private performance (either full band or acoustic in Jamie’s discretion) in your home with all of your friends!!! Such performance shall be subject to the reasonable availability of Jamie and his band, as applicable. If your home is not within 1,000 miles of Northampton, MA the location of the performance shall be mutually agreed upon by you and Jamie. You are not obligated to have Jamie perform.
The Super-Amazing-Lifetime-Savvy Partner, $5,000
d. All of the above PLUS…
e. The opportunity to sing back-up vocals on one song of an upcoming album! While Jamie will entertain suggestions as to what song you would like to sing on, it will ultimately be his decision as to what song would work best. The exact harmonies to be sung will also be determined by Jamie when the situation arrives. He trusts your golden pipes, but just needs to make sure it all fits within the creative vision of the record.

*Access to live performances are subject to ticket availability and third party restrictions (including venue restrictions), and no more than 20 tickets will be made available to Partners per live performance (unless otherwise determined by Jamie in his sole discretion). Tickets will be allocated on a first come/first serve basis, and the ticket sign-up procedure will be specified on the Partner area of this website. In the event a Partner is not able to attend the live performances designated for that Partner’s level of Partnership due to ticket or other restrictions as set forth above, we may provide on-line access to such performances (i.e., on this website) or additional private performances for such Partners in his sole discretion. Jamie wants his fans to be happy, but he and the Company want you to understand that access to Jamie’s performances may be limited by factors not within his or our control.

8. Payment Terms. Payment of Partnership dues and other amounts shall be made via credit card. We use PayPal as our exclusive provider of financial (“merchant”) services. PayPal does not send us your bank or credit card information, and therefore we have no direct access to it. The security of your credit card information is under PayPal’s control, and their record for keeping things secure is excellent. You should, however, be aware that, in connection with PayPal’s handling of your financial transaction, you are subject to their privacy policy and legal agreements, which can be read here and here, respectively. Payment other than through PayPal is subject to our sole discretion. To the fullest extent permitted by applicable law, Partnership dues are non-refundable. That being said, Jamie wants his fans to be happy and if you are not happy with The Collective, let us know and we will see if we can improve The Collective.

9. Termination. The Collective has no predetermined termination date and may continue until such time as we decide to terminate The Collective. We reserve the right to discontinue the Partnership of any Partner who, as determined in our sole discretion, (a) uses this website or The Collective for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms or applicable law or (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass us, other Partners or any other party, or (c) in any other disruptive manner. A Partner terminated in this manner shall not be entitled to a refund of their Partnership dues (except where required by applicable law), and shall lose benefits and privileges of Partnership.

10. Disclaimer of Warranties; Limitation on Liability. While Jamie and the Company do not want to get overly formal with Jamie’s fans, the following is some important information with respect to your use of this website and participation in The Collective.
YOU EXPRESSLY ACKNOWLEDGE THAT THIS WEBSITE AND THE COLLECTIVE AND ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE OR THROUGH THE COLLECTIVE ARE PROVIDED “AS IS,” WITH EACH USER OR PARTNER PARTICIPATING AT HIS OR HER OWN RISK, AND JAMIE AND THE COMPANY EXPRESSLY DISCLAIM ANY OTHER WARRANTIES REGARDING THIS WEBSITE AND THE COLLECTIVE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES IMPLIED BY LAW.
Neither Jamie nor the Company warrant that the functions of this website and The Collective will be uninterrupted, that the information on this website will be reliable, relevant, complete, accurate or error-free, that defects in or on this website will be corrected, or that this website or the server that makes this website available is impervious to hackers or free of viruses or other harmful components. Neither Jamie nor the Company shall have any liability or obligation for delay or failure to provide this website and/or the services and/or materials herein or through The Collective which is due to circumstances not reasonably within our control, including but not limited to disaster, internet failures, or any mechanical, electronic or communications failure.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL JAMIE OR THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE INFORMATION, SERVICES AND/OR MATERIALS AVAILABLE ON THE SITE OR THROUGH THE COLLECTIVE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION), EVEN IF WE OR JAMIE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE COLLECTIVE-RELATED SERVICES IS TO STOP USING THIS WEBSITE AND/OR THOSE SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT JAMIE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF THE COMPANY, INCLUDING THE FAILURE TO PROVIDE BENEFITS WITH RESPECT TO THE COLLECTIVE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF JAMIE OR THE COMPANY TO YOU EXCEED THE PARTNERSHIP DUES OR OTHER AMOUNTS PAID BY YOU TO US.
You understand that Jamie and the Company cannot be held responsible for the actions of Jamie’s fans, so you agree to indemnify and hold Jamie and the Company harmless from any and all liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of third party claims arising out of your use of this website and the services and materials provided on this website or through The Collective, your connection to this website, your violation of these Terms, your violation of any rights of any third party and/or your negligence or misconduct.

11. Miscellaneous. If any provision or provisions of these Terms are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of these Terms which shall remain in full force and effect and be enforced in accordance with its remaining terms. These Terms shall be governed by, construed in accordance with, and enforced under the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions, except for any licensing or regulating provisions under Federal law or any state law pertaining to the services provided under these Terms. To the fullest extent permitted by applicable law, you hereby consent to the exclusive jurisdiction of the appropriate federal or state court in Boston, Massachusetts.