Pinnacle Artists - Terms of Use

TERMS OF USE

Last updated January 18, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Pinnacle Artists Agency LLC (“Company,” “we,” “us,” or “our”), a company registered in Rhode Island, United States, at 706 Warwick Ave, Warwick, RI 02888. We operate the website http://www.pinnacle-artists.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). You can contact us by email at info@pinnacle-artists.com or by mail to 706 Warwick Ave, Warwick, RI 02888, United States.These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Pinnacle Artists Agency LLC, concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

‍IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplemental terms or documents that may be posted on the Services from time to time are expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. We will alert you to any changes by updating the “Last updated” date of these Legal Terms.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. By your continued use of the Services after the date any revised Legal Terms are posted, you will be deemed to have accepted the changes.The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if applicable.The Services are not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, etc.). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). These are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws around the world.The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Our intellectual property

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

Access the Services.
Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Your submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you assign to us all intellectual property rights in those Submissions. We shall own and be entitled to their unrestricted use and dissemination for any lawful purpose, without acknowledgment or compensation to you.You are responsible for what you post or upload. By submitting Submissions, you confirm you have read and agree with our “PROHIBITED ACTIVITIES” section, and that your Submissions:

Are original to you or you have rights and licenses to submit them.
Do not violate any laws or intellectual property rights.
Do not contain confidential information.

You agree to reimburse us for any losses that may result from your breach of these terms, any third-party’s intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. You have the legal capacity and agree to comply with these Legal Terms.
2. You are not a minor in the jurisdiction in which you reside.
3. You will not access the Services through automated or non-human means (e.g., a bot or script).
4. You will not use the Services for any illegal or unauthorized purpose.
5. Your use of the Services will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available.

The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or content to create or compile a collection, compilation, database, or directory without our written permission.
Trick, defraud, or mislead us or other users to obtain sensitive account information such as passwords.
Circumvent or interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm us or the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, or other material that interferes with the use of the Services.
Engage in any automated use of the system, such as data mining or robots.
Delete the copyright or other proprietary rights notice from any Content.
Impersonate another user or use another user’s username.
Upload or transmit material acting as a passive information collection mechanism (e.g., gifs, 1×1 pixels, web bugs, cookies, spyware).
Interfere with, disrupt, or create an undue burden on the Services or related networks.
Harass, annoy, intimidate, or threaten our employees or agents.
Attempt to bypass measures designed to prevent or restrict access to the Services.
Copy or adapt the Services’ software.
Decipher, decompile, disassemble, or reverse engineer any part of the software.
Use or launch any unauthorized script or software.
Use a buying or purchasing agent to make purchases.
Collect usernames or email addresses for sending unsolicited email or creating accounts under false pretenses.
Use the Services to compete with us or for any revenue-generating endeavor without authorization.

5. USER GENERATED CONTRIBUTIONS

The Services do not offer users the option to submit or post content. (If this changes in the future, the relevant terms will apply.)

6. CONTRIBUTION LICENSE

You and the Services agree we may access, store, process, and use any information and personal data you provide according to our Privacy Policy and your choices.

By submitting suggestions or feedback regarding the Services, you agree we can use and share such feedback for any purpose without compensation to you.

7. SERVICES MANAGEMENT

We reserve the right to:
‍
1. Monitor the Services for violations of these Legal Terms.
2. Take legal action against anyone who violates these Legal Terms.
3. Refuse, restrict access to, or disable any of your Contributions.
4. Remove or disable files or content that are excessive in size or burdensome.
5. Manage the Services in a way that protects our rights and property and facilitates proper functioning.

8. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at:
‍
www.pinnacle-artists.com/privacy-policyBy using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access them from any other region with laws differing from those in the United States, you transfer your data to the United States and consent to having your data processed there.

9. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason.

We may also terminate your use or participation in the Services and delete any content or information you posted, without warning.If we terminate or suspend your account for any reason, you are prohibited from registering under a new account. In addition to termination, we may take legal action, including pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason. We have no obligation to update any information. We will not be liable for any modification, suspension, or discontinuance of the Services.We cannot guarantee the Services will be available at all times. We may experience technical problems or need maintenance that results in interruptions or errors. Nothing in these Legal Terms obligates us to maintain or support the Services.

11. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12. DISPUTE RESOLUTION

Any legal action brought by you or us shall be commenced in the state or federal courts located in California. Both parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue in California courts. No claim may be brought more than one (1) year after the cause of action arose.

13. CORRECTIONS

There may be typographical errors or omissions in the Services, including in descriptions, pricing, or availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.

14. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THAT OF ANY WEBSITES LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR STORED INFORMATION, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, (5) ANY BUGS OR VIRUSES, OR (6) ERRORS OR OMISSIONS IN ANY CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR LINKED WEBSITES, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

15. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold us (including our subsidiaries, affiliates, officers, agents, partners, and employees) harmless from any loss or liability arising out of:

1. Your use of the Services.
2. Your breach of these Legal Terms.
3. Any breach of your representations and warranties.
4. Your violation of any third-party’s rights, including intellectual property rights.
5. Any harmful act toward any other user connected via the Services.

We reserve the right to assume exclusive defense of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.

17. USER DATA

We will maintain certain data you transmit to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups of data, you are responsible for all data that you transmit. You waive any right of action against us arising from the loss or corruption of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

‍YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive any rights requiring an original signature or non-electronic records.

19. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

20. MISCELLANEOUS

These Legal Terms and any policies or rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise any right or provision does not operate as a waiver. We may assign our rights and obligations to others. We are not responsible for any loss beyond our reasonable control. If any provision of these Legal Terms is unlawful or unenforceable, that provision is severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms. You agree these Legal Terms will not be construed against us by virtue of having drafted them. You waive all defenses related to the electronic form of these Legal Terms and the lack of signing by the parties.

21. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information about use of the Services, please contact us at:

‍Pinnacle Artists Agency LLC
706 Warwick Ave
Warwick, RI 02888
United States
info@pinnacle-artists.com