Terms of Use and Privacy Policy (Last updated March 13, 2024)
As used in these Terms of Use (“Terms”) and Privacy Policy, “26SR”, “us”, “our” and “we” refers to 26th Street Records and its affiliates, including without limitation the members of Interstate Island. The “Site” or “Website” means 26SRs websites (including without limitation www.interstateisland.com and any successor URLS, mobile or localized versions and related domains and subdomains), and the “Services” means 26SRs communications and messaging products, applications and services, in each case in whatever format they may be offered now or in the future. The Website and Services are collectively referred to herein as the “Offerings”.
Terms of Use:
Access to the Site. Subject to these Terms, 26SR grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
26SR reserves the right to change, suspend, or cease the Site with or without notice to you. 26SR will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
You are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by 26SR or 26SR’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed hereinabove. 26SR and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of 26SR, and 26SR is not responsible for any Third-Party Links & Ads. 26SR provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Disclaimers
The Site is provided on an “as-is” and “as available” basis, and 26SR and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall 26SR or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of Fifty U.S. Dollars (US$50.00). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Dispute Resolution. All claims and disputes in connection with the Terms or the use of any product or service provided by 26SR that cannot be resolved informally shall be resolved by binding arbitration. All arbitration proceedings shall be held in English. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief (“Notice”). A Notice to 26SR should be sent via email to info@interstateisland.com. After the Notice is received, you and 26SR may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. All hearings in the arbitration shall be held in the state of California, in the county of Orange. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Electronic Communications. The communications between you and 26SR use electronic means, whether you use the Site or send us emails, or whether 26SR posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from 26SR in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 26SR provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Copyright/Trademark Information. All trademarks, logos and service marks displayed on the Site (the “Marks”) are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Privacy Policy:
If you are a visitor to the Website, a recipient of our communications, a customer of our Services or our business partner, then except as expressly set forth below, this Privacy Policy applies to your use of the Website or such Services. If you are a visitor to or user of a third-party website or service (“Third-Party Property”) that utilizes any 26SR communication or Services, then any information you submit to such Third-Party Property (including via Services) is collected under the privacy policy of the owner of such Third-Party Property, and you should contact such owner with any related requests or inquiries you may have. If you have any inquiries about this Privacy Policy, please email us at info@interstateisland.com.
We respect the privacy rights and data protection rights of our users and recognize the importance of protecting the personal information we collect about you. Our Privacy Policy is designed to help you understand what information we collect and how we use and share that information. This Privacy Policy applies to the Website and Services.
Information We Collect
Registration and Contact Information: We collect information about you when you (a) register to use the Services and (b) otherwise provide contact information to us via email, mail, or through our Offerings. This information you provide may include your username, first and last name, email address, mailing address or phone number and other information.
Payment Information: When you purchase the Services, we will also collect transaction information, which may include your credit card information, billing and mailing address, and other payment-related information (“Payment Information”). We describe how Payment Information may be collected and processed in the “How We Use Payment Information” section below.
Technical, Usage and Location Information: We automatically collect information on how you interact with the Offerings, such as the IP address from which you access the Offerings, date and time, information about your browser, operating system and computer or device, pages viewed and items clicked. We may also collect location information, including location information automatically provided by your computer or device. We use cookies and similar technologies to collect some of this information.
Third Party Platforms: We may collect information when you interact with our advertisements, Offerings and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that you viewed or interacted with our content.
Other Information: We may collect other information from you that is not specifically listed here. We may use any such information in accordance with this Privacy Policy or as otherwise permitted by you.
Customer Data: You may submit various types of information and data in concert with your use of the Services for hosting and processing purposes (“Customer Data”). Customer Data may include, without limitation, (a) billing information, personal information such as names, email addresses, phone numbers, location, and photos / videos, which information may be submitted by you or collected during provision of the Services using 26SR tags, scripts and other code implemented on such properties, and (b) information contained in communications between you and others using the messaging features of the Services. We will only use, disclose and otherwise process Customer Data for the purposes set forth in your agreement with us for the provisioning of the Services (“Customer Agreement”). We may utilize third-party services enabling you to retrieve publicly-available information about other individuals, including without limitation social media information, profile information, gender, company, job titles, photos, physical addresses, and website URLs based on those individuals’ email addresses that are provided in concert with provision of the Services.
Legal Basis.
We process and store Customer Data to perform our Customer Agreement with you. Without this information, we wouldn't be able to provide our Offerings to you. We also process Customer Data to pursue our legitimate interests by ensuring the smooth running of your Customer Agreement. We consider your privacy and data protection rights when we pursue our legitimate interests and ensure that the way Offerings work don't impact on those rights.
How We Use the Information We Collect
We use your information in the following ways:
To provide, maintain and improve the Offerings and our other products and services, including to operate certain features and functionality of the Offerings (for example, by remembering your information so that you will not have to re-enter it during this or subsequent visits);
To process your inquiries and otherwise deliver customer service;
To process your payments, we share and use Payment Information as described in the Payment Information section (below);
To control unauthorized use or abuse of the Offerings and our other products and services, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;
To analyze trends, administer or optimize the Offerings, monitor usage or traffic patterns (including to track users’ movements around the Offerings) and gather demographic information about our user base as a whole;
To communicate directly with you, including by sending you newsletters, promotions and special offers or information about new products and services. Your opt-out options for promotional communications are described in the “Your Controls and Choices” section below;
To deliver you advertising, including by serving and managing ads on the Offerings or on third party sites and to tailor ads based on your interests and browsing history. Please see the “Your Controls and Choices” section below for additional information on how to manage the ads you see; and
In the manner described to you at the time of collection or as otherwise described in this Privacy Policy.
Sharing Your Information with Third Parties
We do not sell, trade, share or transfer your personal information to third parties except in the following limited circumstances:
We may share your personal information with our parent companies, subsidiaries and affiliates;
We may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Offerings, among other things. For example, we may provide personal information to our service providers for direct emailing of our newsletters or notifications of our product/service offerings. The data shared can include name, job title, email address, message history, company information. All third parties are engaged under contract and obliged to meet appropriate security requirements and comply with all applicable legislation;
We may share your personal information when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce a Customer Agreement, including investigation of potential violations thereof, or (c) protect against imminent harm to our rights, property or safety, or that of our users or the public as required or permitted by law;
We may share your personal information with third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud or security or technical issues;
We may share your personal information with our business partners who offer a service to you jointly with us, for example when running a cross-promotion;
We may share your Payment Information to process your payments, as further described in the Payment Information (below) section;
We may share and/or transfer your personal information if we become involved in a merger, acquisition, bankruptcy, or any form of sale of some or all of our assets; and
We may share your personal information with a third party if we have your consent to do so.
We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the types of Offerings our customers and users generally use, the configuration of their computers, and performance metrics related to the use of Offerings which we collected through our technology. If we are required under applicable law to treat such information as personal information, then we will only disclose it as described above. Otherwise we may disclose such information for any reason.
How We Use Payment Information
When you make a purchase of Offerings, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor (Stripe or PayPal) through its checkout service. We never receive or store your full credit card information. Each processor commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe and PayPal may use your Payment Information in accordance with their own Privacy Policies here: https://stripe.com/us/checkout/legal and https://www.paypal.com/us/legalhub/privacy-full.
Other Access to or Disclosure of Your Information
The Offerings may also contain links to third party websites. This Privacy Policy applies solely to information collected by us. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of such third party. We encourage you to familiarize yourself with the privacy policies of such third parties to determine how they handle any information they separately collect from you. Please be aware that we do not warn you when you choose to click through to another website when using the Offerings.
The Offerings may contain features that enable you to post and or record reviews, comments, testimonials and or other content that is publicly viewable. You should be aware that any personal information you submit as part of those posts and or recordings can be read, collected, shared or used by other users, clients, customers, and or visitors to the Websites or Services, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to publicly post on the Websites or Services.
Your Rights and Choices
Opt-Outs. We may provide you with the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you.
Communication Preferences.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Offerings. Please note, however, that you may be unable to opt-out of certain service-related communications.
Blocking Cookies.
You can remove or block certain cookies using the settings in your browser but the Offerings may cease to function properly if you do so.
How We Respond to Do Not Track Signals.
Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Offerings do not respond to this type of signal.
Accessing and Updating Your Personal Information
When you use the Offerings, we make good faith efforts to provide you with access to your personal information upon your request and either provide you the means to correct this information if it is inaccurate or to delete such information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may access, review, correct, update, change or delete your information at any time. To do so, please contact us at info@interstateisland.com with your name and the information requested to be accessed, corrected or removed. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please note that if you cease using the Services or we terminate your access to the Services in accordance with your Customer Agreement, you may no longer have the ability to access or update your information. We may retain your information as necessary to support the Offerings, comply with our legal obligations or resolve disputes. Note that content you post may remain on the Offerings even if you cease using the Offerings or we terminate your access to the Offerings.
Changes to the Privacy Policy
We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Offerings.
No Children Under Age 16
The Offerings are not intended for use by anyone under the age of 16, nor does 26SR knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to register for the Offerings or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.
Your California Privacy Rights and Disclosures
California Shine the Light Law: If you are a California resident and we disclose your personally identifiable information to third parties for such third parties’ direct marketing purposes, California’s Shine the Light Law (CA Civil Code Section 1798.83) allows you to request certain information from us about such disclosures. To make a request under the Shine the Light Law, please contact us at info@interstateisland.com. Please note that under California law, businesses are not required to respond to such requests more than once during any calendar year.
Security
The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you enter sensitive information (such as your password), we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
International Transfer of Data; EU-U.S. and Swiss-U.S. Privacy Shield
We may from time to time transfer your personal information to other countries outside the United States and make it accessible to our parents, subsidiaries, affiliates and third-party service providers internationally. We will protect your personal information in accordance with this Privacy Policy wherever it is processed.
Contact Us
If you have questions or need to contact us about this Privacy Policy, please email us at info@interstateisland.com.