Terms of Service
Last updated: June 13, 2023
AL BURNA CO Terms of Service
These are theTerms of Service (the “Agreement”). Please read this legal agreement carefully. This is a legal Agreement between you and AL BURNA CO governing your access and use of any website or mobile application provided by us, including alburna.com. “You” and “your” mean both an individual person using the Services and an entity if you are using the Services on behalf of, or for the benefit of an entity (for example, a partnership, corporation, or trust). The parties to this Agreement shall be referred to collectively as the “Parties” and singularly as a “Party”. By clicking or tapping any box or button market “agree,” “consent,” “accept” or “OK”, or by registering an account, or by using the Services, you agree to be bound by this Agreement and any changes to this Agreement.
INCLUDED IN THIS AGREEMENT IS A MANDATORY ARBITRATION PROVISION THAT IS DESCRIBED IN SECTION 14 BELOW AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES, AS OPPOSED TO RESOLVING BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.
1. Effective Date.
The date of the most current update to this agreement is listed above. We may change this agreement at any time and will notify you of such changes by any reasonable means, including posting a revised Agreement through the Services.
Subject to applicable data privacy laws, we may, at any time and without liability modify or discontinue all or part of the Services.
2. License to Use the Services.
We grant you a limited, non-exclusive , revocable license to use the Services. We provide the Services for your personal use only, unless we agree otherwise. The Services, and all its elements, are owned by us or licensed to us by third parties that are separate from us. We and the third party licensors retain all title, right, and interest in the Services, including all copyright, trademark, patent, and trade secret rights therein.
The Services may not work with all hardware or devices. You are the party responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Services. The Services are mainly the use of an informative website, but may include software applications that may make additional products and services available to you (these are collectively referred to as the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.
3. Communication Program
1. You shall receive communications from us in the form of texts, phone calls, and/or emails. The purpose of these communications may be one or more of the following:
a) To send you updates on music production which may include audio products, promotions, and other useful info.
b) To be a friendly reminder of our services available to for recording, mixing and production.
c) To provide you with music production information according to preferences you have shared with us.
d) To exchange information between you and AL BURNA CO relevant and important to your music production.
e) To communicate any other relevant music production information with you.
2. The initial message you receive will be from AL BURNA CO under our capacity in music production.
3. Message and data rates may apply and shall be your sole responsibility to pay.
4. The frequency of messages sent by us to you will be variable and according to the present need at the time of communications between you and AL BURNA CO. (For example: If you're needing immediately record, mix or produce a song, you may receive a text or other communication 5 times a week to present you with the most current updates on music production matters that may be valuable to you in your decision-making process. But, if you're not planning to record, mix, or produce a song for 8 months, you may receive a text or other communication in the range of once to twice a month, primarily for the reason of reminding you to consider the services of AL BURNA CO in the capacity of music production).
5. Customer care is available by texting “HELP” or by emailing us at al.burna.mix@gmail.com with the word “HELP in the subject line.
6. To opt out of our communication program text “STOP” or send us an email to al.burna.mix@gmail.com with the word “STOP” in the subject line.
4. Registration; Usernames and Passwords; Communications.
You may be required to register an account with us to use the Services. If you choose to register an account with us, you will provide us with your name, email address, username, password, and other registration information to create and access your account. At our option, we may reject, or require that you change, any username, password or other information that you provide to us in registering your account. Your username and password are for your personal use exclusively and you are required to keep them confidential. The security of your account and all actions associated with it will be your responsibility. You must promptly notify us of any breach of confidentiality or unauthorized use of your username or password, or your Services account. You may not sell or otherwise transfer your account to another individual or entity without first obtaining our prior written consent. We may communicate with you by telephone, text, email, or traditional mail when you use the Services, send us emails, or when we post a notice on the Services or send you emails, and to contact you about the Services or other related real estate services and/or products. You consent to receive communications, including notifications, from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you by electronic means satisfy any legal requirement that said communications would satisfy if they were in a hard copy writing. You authorize us to contact you regarding the Services or other music production related services at the telephone number and email address you provide, including communications that use automated telephone dialing equipment, text messages, emails and/or artificial or pre-recorded voice messages.
5. Information Collected Through the Services.
In regards to the information you provide to us through the Services, you promise that: you have and will comply with all laws applicable to any information you provide or access through the Services. This includes all information that is uploaded or synchronized with the Apps for which you have given consent to use; information you provide is and will remain complete and accurate. You are required to maintain and update the information as needed; and you have all the required rights and permissions to authorize the processing of such information under this Agreement. By using our Services, you agree that AL BURNA CO may automatically collect information from you and your device while you use our Services. This information may include any actions you take on our websites or mobile applications. Information including links visited, session details and duration, and what you type into our websites or mobile applications. Additionally, you agree that we may share the information we collect through the Services, including personally identifiable information, with other third parties and our Affiliated Entities (as defined in Section 13). You also agree that we may collect, transmit, and process information collected by the Services that are consistent with our Privacy Policy located at https://www.alburna.com/Privacy-Policy/, as updated over time.
6. Your Conduct. You must not:
Use the Services in any way or for any purpose that is unlawful, violates any federal or state laws or regulations (including but not limited to the federal Telephone Consumer Protection Act 47 U.S.C. § 227 (“TCPA”)) or AL BURNA CO policies that apply to the dissemination of unsolicited email and faxes the to the use of telephone calls, text messages, artificial or prerecorded messages, automatic telephone dialing systems, automatic dialing and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any other telemarketing or telephone solicitation or other commercial communication or to any other purpose that is fraudulent, or otherwise tortious.
Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Introduce any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Link, integrate, or provide access to the Services or related infrastructure without AL BURNA CO's prior explicit permission.
Impersonate someone else in relation to your activities on the Services.
Transmit any spam, chain letters or other unsolicited communications.
Harvest or collect information about users of the Services.
Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.
Inhibit any other person from using the Services.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.
Reverse engineer, decompile or disassemble any portion of the Services.
Remove or alter any copyright, trademark or other proprietary rights notice from the Services.
Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service.
Systematically download or store Services content.
Tamper with or bypass any security technology associated with the Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or bypass the navigational structure or presentation of the Services, without our express prior written consent.
We may monitor your use of the Services to determine compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.
You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws, regulations AL BURNA CO policies that relate to your use of the Services.
You acknowledge that it is your sole responsibility for identifying, interpreting, understanding and complying with all applicable state and federal laws and regulations in regards to your use of the Services. This includes selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.
7. Third Party Materials; Links
Some of the Services’ functions may be provided by third parties. This includes Apps (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using these functions, you are directing us to access, route and transmit to you the applicable Third Party Materials. We will only provide information to Third Parties to enhance the Services or provide additional functionality and will only do so in compliance with our Privacy Policy located at https://besthomes813.com/Privacy-Policy/. We do not endorse, and make no representations or warranties related to, any aspect of the Third Party Materials. The third party App providers may present to you their own terms, conditions, and policies (the “Third Party Terms”). You are responsible for complying with any Third Party Terms you agree to. For the Service's and your security, we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time.
8. Transactions.
Currently Services do not include engaging in transactions. However, if you are redirected to an external site or App by clicking a link, AL BURNA CO shall not be responsible for any charges and/or damages you may incur. Furthermore, you shall indemnify AL BURNA CO for any damages that arise from your use of any external services. You will be notified if at a future date transactions become available through use of Services.
9. Submissions
If you provide to us any suggestions, ideas, proposals or other materials, such will be deemed a Submission, and you hereby acknowledge and agree that such a Submission is not confidential, and that your provision of such a Submission is gratuitous, unsolicited and without restriction, and any fiduciary or other obligation shall not be implied. This however DOES NOT APPLY TO any music or copyrighted material you provide to us for the purpose of music production that you have contracted the services of AL BURNA CO for. All your music, files, and other related content submitted to us for the purpose of music production that you have contracted the services of AL BURNA CO shall be held at the utmost confidentiality.
10. AL BURA CO Proprietary Rights.
We and our suppliers own the Services, which are protected by United States and international intellectual property and proprietary rights and laws. Our trade names, trademarks and service marks include AL BURNA CO and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information and materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information and materials without the express prior written consent of the owner.
11. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION OF LIABILITY.
NEITHER WE, NOR OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnity.
You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees and expenses) arising out of or relating to: (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
14. Termination.
This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
15. Governing Law; Dispute Resolution; Class Action Waiver.
This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Florida, U.S.A., without regard to its principles of conflicts of law regardless of your location. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (“Dispute”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY. In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties. If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Tampa, FL U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Tampa, Florida U.S.A. Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys' fees). Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses. YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
16. Information or Complaints.
If you have a question or concern regarding the Services, please send an e-mail to besthomes813@gmail.com. You may also contact us by calling us at (954) 303-7369. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Copyright Infringement Claims.
Recourse is provided by the Digital Millennium Copyright Act of 1998 (DMCA) for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you, in good faith, believe that materials available through the Services infringe your copyright, you (or your agent) may send us an email or written notice by mail requesting that we remove such material or disable access to it. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our Legal Representative as follows:
Louis Daniel Lazaro, Esquire – 750 West Lumsden, Brandon, Florida 33511
louis.lazaro@currylawgroup.com
We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. In appropriate circumstances, it is our policy to terminate, a user’s right to use the Services if we decide they are repeat infringers.
18. Export Controls; International Use.
You are soley responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
We make no representation that the Services are appropriate or available for use in locations outside the United States, and access to the Services from territories where such Services are illegal is prohibited. If you choose to access the Services from locations outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and regulations. In addition, if you access or use the Services from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located, and you hereby consent to such transfer, storage, and processing of your information to and in the United States. The Services are 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 that would subject us or our Affiliated Entities to any registration requirement within such jurisdiction or country.
19. Miscellaneous.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.
