Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the website and services provided by Somewhere, Probably Records, LLC ("we," "our," or "us"), including our SMS marketing program and any content, functionality, and services offered on or through mattgrandboismusic.com (the "Website").

Please read these Terms carefully before you start using the Website. By using the Website, signing up for our SMS or email marketing program, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Website or our services.

Eligibility

The Website and our services are offered and available to users who are 18 years of age or older. By using the Website or our services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding agreement with us.

If you do not meet these requirements, you must not access or use the Website or our services.

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and our services thereafter.

Your continued use of the Website or our services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

User Content

Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post to the Website, including its legality, reliability, and appropriateness.

By posting content to the Website, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that you own or control all rights in and to the content you post and have the right to grant the license granted above to us.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Somewhere, Probably Records, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm us or users of the Website, or expose them to liability.

SMS Program Terms

SMS Program Description

We offer a text message program ("SMS Program") through which we may send you promotional and transactional messages, including but not limited to information about new music releases, upcoming shows and events, merchandise availability, and other updates related to Matt Grandbois Music.

Consent to Receive SMS

By providing your mobile phone number and explicitly opting in to receive our text messages, you expressly consent to receive recurring automated marketing text messages from Somewhere, Probably Records, LLC. Message frequency varies. Consent is not a condition of any purchase.

By providing your phone number and consenting to receive SMS messages from us, you acknowledge and agree that:

1. You are the owner or authorized user of the mobile device you use to sign up for the SMS Program.
2. You are a U.S. resident and are at least 18 years of age.
3. You consent to receive text messages at the phone number you provide.
4. You understand that message and data rates may apply. Charges are dependent on your mobile carrier's rates and your mobile plan.
5. You understand that consent to receive SMS is not required as a condition to purchase any goods or services.
6. Messages will be sent using an automatic telephone dialing system or other automated technology.

Opt-Out Instructions

You can opt out of receiving SMS messages from us at any time by replying "STOP" to any of our text messages. After sending "STOP," you will receive one message confirming your opt-out.

If you have questions about our SMS Program, reply "HELP" to any of our text messages or contact us directly at matt@mattgrandbois.com.

Message Frequency and Timing

Message frequency varies based on your interactions with us and your preferences. We will only send SMS messages between 9:00 AM and 8:00 PM in your local time zone, unless you have explicitly requested a message outside of these hours or the message is critical to a transaction you have initiated.

Messages from Short Codes or Toll-Free Numbers

Our SMS messages may be sent using a short code, toll-free number, or standard U.S. mobile phone number. Reply rates to short codes or toll-free numbers may be higher than standard text messaging rates.

Limitations of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of [Your State] without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of [Your State], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and any other agreements referred to herein constitute the sole and entire agreement between you and Somewhere, Probably Records, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Information

All questions, comments, requests for support, and other communications relating to the Website should be directed to: