Terms

PLEASANT PICTURES MUSIC CLUB

Stock Music Library and Custom Music House

PPMC

Terms and Conditions - Pleasant Pictures Music Club

Updated: January 1, 2018

Thanks for being here. By visiting our website, you are agreeing to these Terms and Conditions. Any specific licensing agreements for the purchase of music or music subscriptions will supercede any agreements here where applicable. If you have any questions about your rights under either, please reach out to us at eric@pleasantpicturesmusicclub.com .

OVERVIEW

The terms “we”, “us”, “our”, “Pleasant Pictures Music Club” and “PPMC” refers to PLEASANTPICTURES.CLUB or Pleasant Pictures Music Club, as operated by PLEASANT PICTURES LIBRARY LLC, a Utah limited liability company. The term the “Site” refers to PLEASANTPICTURES.CLUB and all associated websites connected with PLEASANTPICTURES.CLUB. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site or services.

PLEASANT PICTURES LIBRARY LLC provides a website where customers can purchase music through subscriptions and individual track licensing agreements, with related physical and digital products (the “Service”).

Use of PLEASANTPICTURES.CLUB, including access to all musical works available here and all online services provided by PLEASANTPICTURES.CLUB, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to these terms, you should stop using the Site and Service immediately.

CHANGES TO TERMS

We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service on the website. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.

The Lowdown: We are super stoked that you are using PleasantPictures.club! By using our site, you agree to our terms. We might change our Terms periodically and we will post the updates here. You’re responsible for keeping up to date.

USE OF THE SITE + SERVICE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Individuals under the age of 18 are prohibited from using the Site. Please review our Privacy Notice, which governs your use of our Service.

AVAILABILITY

PPMC makes all possible efforts for the songs to be available at all times. However, sometimes mistakes happen. If we have any problems or issues with particular songs or services, we will communicate through notices on our website and/or the email account your provided on registration. PPMC may stop licensing certain songs at its sole discretion. In the unlikely event of a copyright infringement claim or dispute, PPMC may require user to stop using a song and remove it from its machines or files. In that highly unlikely event, PPMC shall provide you with reasonably comparable content free of charge, subject to the terms and conditions of this Agreement

Lowdown: Stuff happens. We will do our best to fix it and we appreciate your patience.

All content included in or made available through the Site or Service, such as text, graphics, logos, button icons, images, audio clips, songs, digital downloads, data compilations, the design and layout of the website and its elements, and any proprietary software is the property of PPMC or its content suppliers and protected by United States and international copyright laws.

Lowdown: The stuff on our site is ours. Please do not steal or improperly use content that belongs to us or our users. We respect IP rights and you should, too. Not all sharing is caring.

LICENSE AND ACCESS: RIGHTS INCLUDED IN SUBSCRIPTION AGREEMENT

Nothing in this Agreement shall give you any right, title, or interest to the songs, other than the right to use the Works in accordance with the applicable licensing agreement upon purchase. So you can be aware, PPMC grants these non-exclusive mechanical, synchronization, and performance rights to you during the purchase term of a subscription license, including the right to:

duplicate and release the song(s) as part of a video production in whatever format(s) necessary
use the music as a soundtrack "synced" with visual images as part of a production; and
right to use the music as part of the public viewing or broadcast of a production where the music is part of the production as defined by the previous two sub-points (a-b). You does not have the right to publicly perform WORKS on their own, separate and distinct from a production.

RIGHTS NOT INCLUDED. You, the Licensee are NOT allowed under any of the terms of this site or Service to :

exercise any of the rights to the licensed songs after the expiration of the licensing term, except for songs that have become part of other works or productions during the licensing terms,
claim authorship of the music represented under this agreement or of any derivative musical work created from a song;
transfer, share or sub-lease this license agreement to any other party without written authorization
retitle any of the songs
copy or duplicate the works in any way except for use in your productions
permit any other individual or third party the use of songs(s) by sharing, file-sharing, uploading or any other similar data-sharing process,
resell, trade, or exploit for profit the song(s) outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of a video production, which is a clear and distinct product from a song itself.) You cannot set up your own stock music library with files from PPMC.
Make the recording available in any manner that would enable a third party to download the song as a separate file,
Claim exclusive performance right or license. PPMC maintains the right to perform the song, or to transmit the work, to the public in any manner. You only have the public performance right for your productions that may contain songs from the PPMC Library.
use music in a pornographic production or in content that contains extremist or hate speech material.

Any of the licenses to music purchased on this Site are personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so may void your license and prohibit you from using the music in any way.

Lowdown: Please don’t steal any of our content and try to sell it as your own. This music took time and money to produce and we can only continue providing value like this if people are honest in agreeing to purchase terms. If you buy a song, only you can use it as we have described here and in the licensing agreement. You can’t “share” a login or materials with someone else, unless you have a business account and the user is part of your organization. We can end your ability to access music if you violate these terms. You can’t copy or scrape any of these materials onto your website, database, or social media channel -- whether you are selling them or not. Thanks for investing in YOU - now allow us to keep on doing that for others. If you obtained music from anywhere other than PLEASANTPICTURES.CLUB, you have pirated content and we would appreciate you letting us know so we can take steps to address it.

PROHIBITED CONDUCT

You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your username and password, or the username and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, "frame," "mirror," "in-line link" to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service

Lowdown: Don’t share your login information, post porn or other obscene stuff, embed sketchy links, or try to hack us, tread on others’ property rights, or generally be a jerk. Please use your best judgment.

THIRD PARTY CONTENT

The Service may include social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements

LOWDOWN: Third party links may take you off of PLEASANTPICTURES.CLUB.com. Most of those links lead to something awesome, but we are not responsible if they don’t. If you share information with those third party sites or services, we may also get access to that information.

PRODUCT DESCRIPTION.

We try to describe our products and songs as accurately as possible, however the Site or Service may not be entirely accurate, current, or error-free. We may correct errors in pricing and descriptions and reserve the right to refuse or cancel any order with an incorrect price listing. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes that comply with our licensing terms.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning your order or subscription. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want you left hanging.

If you’ve signed up for a year subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period, but we will inform you of that ahead of time. Your subscription will start as soon as your credit card is successfully charged.

CANCELLATIONS, REFUNDS & RETURNS.

All sales of digital products downloadable upon confirmation of purchase are final and non-refundable. If you’d like to cancel a yearly subscription you have with us, you can do so at the end of your year term and you will not be charged for the next year. Any merchandise or physical product is eligible for returns or exchanges within 30 days or purchase with a valid receipt. Please contact e ric@pleasantpicturesmusicclub.com for more information or use the Contact form on the website.

RESERVATION OF RIGHTS

We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

LOWDOWN: Think before you post. If you would never say it to someone’s face -- you probably shouldn’t be saying it here. If you violate our rules, we can restrict your access.

REFUSAL OF SERVICE.

PLEASANT PICTURES LIBRARY LLC reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so.

MATERIAL YOU SUBMIT TO THE SITE.

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify PLEASANT PICTURES LIBRARY LLC from any claim against PPMC resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

PLEASANT PICTURES LIBRARY LLC reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

LOWDOWN: Don’t post anything belonging to someone else.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS.

PLEASANT PICTURES LIBRARY LLC does not claim ownership of Material you may supply to PPMC. However, the act of posting Material to the site conveys an irrevocable, worldwide license to PPMC to use and distribute the posted Material in connection with PPMC’s website and any related PPMC publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to PPMC, you agree to hold PPMC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

LOWDOWN : If you post something on our website, then we can use it on this site or our connected media, including social media or printed materials. We won’t claim its ours -- but once you have posted the cat is out of the bag, so to speak.

INTELLECTUAL PROPERTY INFRINGEMENT

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes their copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
Provide information reasonably sufficient to permit us to contact you (email address is preferred).
Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the written communication to the following address: PLEASANT PICTURES LIBRARY LLC, 541 Aaron Ave Springville, UT 84663.

LOWDOWN: If you think we have infringed upon someone else, please follow the steps above to contact us and let us know. We take this stuff seriously but we would need all of this information to do something about it.

LIMITATION OF LIABILITY.

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, PPMC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if PPMC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall PPMC’s cumulative liability to you exceed the total purchase price of the Service you have purchased from PPMC, and if no purchase has been made by you PPMC’s cumulative liability to you shall not exceed $100.

LOWDOWN: We work hard to provide you with an awesome service, but we’re not liable for these various crazy and unlikely contigencies.

DISPUTE RESOLUTION

DISPUTE RESOLUTION WILL ONLY BE BY BINDING ARBITRATION. PLEASE read this section carefully.

Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with PPMC arising out of or relating to the Agreement shall be governed by Utah law regardless of your country of origin or where you access PleasantPictures.club, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Salt Lake City, Utah in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.”

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at:

PLEASANT PICTURES LIBRARY LLC

541 Aaron Ave

Springville, UT 84663

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PPMC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

LOWDOWN: We’re not responsible for your use of the site. If you think we are and we have a problem we cannot resolve, then let’s work it out within one year via arbitration style under Utah State law.

DISCLAIMER

You expressly acknowledge and agree that:

(1) your use of the services are at your sole risk. the services are provided on an "as is" and "as available" basis. ppmc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(2) PPMC makes no warranty that

(a) the services will meet your requirements;

(b) the services will be uninterrupted, timely, unfailingly secure, or error-free;

(d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and (e) any errors in the software will be corrected.

(3) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(4) no advice or information, whether oral or written, obtained by you from ppmc or through or from the services shall create any warranty not expressly stated in the terms and conditions

(5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. ppmc does not control or endorse any actions resulting from your participation in the services and, therefore, ppmc specifically disclaims any liability with regard to any actions resulting from your participation in the services.

LOWDOWN: The site doesn’t claim to be anything more than what it is and we are not liable for damages for these unlikely events that could somehow be connected to you using our site or service.

LIMITATION OF LIABILITY

Within the limits allowed by applicable laws, you expressly acknowledge and agree that ppmc shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PPMC has been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the services;

(b) any action you take based on the information you receive in through or from the services,

(d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;

(e) unauthorized access to or alteration of your transmissions or data;

(f) the improper authorization for the services by someone claiming such authority; or

(g) statements or conduct of any third party on the services.

Lowdown: The site doesn’t claim to be anything more than what it is and we are not liable for damages for these unlikely events that could somehow be connected to you using our site or service.

MISCELLANEOUS

Entire Agreement. The Terms and Conditions constitute the entire agreement between you and PPMC and govern your use of the Services, superseding any prior agreements between you and PPMC on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
Changes to the Terms of Service. PPMC may make changes to the Terms and Conditions from time to time. When these changes are made, PPMC will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, PPMC will treat your use as acceptance of the updated Terms and Conditions .
Waiver. The failure of PPMC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall 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.
Section titles. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.pleasantpictures.club or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, PPMC for any third party that assumes our rights and obligations under this Agreement.

Updated: January 1, 2018

Pleasant Pictures Music Club Messaging Terms & Conditions

Effective Date: December 28, 2021

This SMS message program is a service of Pleasant Pictures Music Club. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Pleasant Pictures Music Club. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Pleasant Pictures Music Club permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Pleasant Pictures Music Club reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Pleasant Pictures Music Club also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Pleasant Pictures Music Club, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Pleasant Pictures Music Club messaging program, you also agree to these messaging terms & conditions (“ Messaging Terms”), our Pleasant Pictures Music Club Terms of Use and Pleasant Pictures Music Club Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Pleasant Pictures Music Club and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Pleasant Pictures Music Club through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Pleasant Pictures Music Club OR ANY PARTY ACTING ON BEHALF OF Pleasant Pictures Music Club BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Pleasant Pictures Music Club HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Pleasant Pictures Music Club HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Pleasant Pictures Music Club MESSAGING PROGRAM. Pleasant Pictures Music Club AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Pleasant Pictures Music Club, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Pleasant Pictures Music Club or its service providers.

Dispute Resolution

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Pleasant Pictures Music Club or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Pleasant Pictures Music Club ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Pleasant Pictures Music Club to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Pleasant Pictures Music Club will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND Pleasant Pictures Music Club AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pleasant Pictures Music Club agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Pleasant Pictures Music Club are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND Pleasant Pictures Music Club AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pleasant Pictures Music Club agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Pleasant Pictures Music Club makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Pleasant Pictures Music Club’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Pleasant Pictures Music Club.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Pleasant Pictures Music Club after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Pleasant Pictures Music Club concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at info@pleasantpictures.club or write to us at: 3350 Cherokee Ln, Provo, UT 84604.