Terms of Service

As a condition of opening an account and ongoing access to the Service(s), you agree that you will:

• Be a human 18 years or older who has the legal capacity to enter a contract. Accounts registered by minors, "bots" or other automated methods are not permitted.
• Provide your full legal name, a valid email address, and all other information requested.
• Maintain the security of the device(s) you use to access the Service(s) and your accounts and passwords, including other accounts such as Google login services that you may use to access our Services.
• Take full responsibility for: (i) all activity on your account, and (ii) anything posted under your account (your “Content”).
• Use the Service(s) only for legal and authorized purposes. You must not use the Service(s) in a way that violates any laws or regulations in your jurisdiction.

The Services allow you to stream and/or upload music and associated content in furtherance of achieving collaboration with other users, and other interactive features (collectively, “Interactive Services”) that allow users to submit, perform, demonstrate, publish, display, or transmit to other users or other persons (hereinafter, “Perform”) content or materials (collectively, “Content”) on or through the Services.

Subject to and conditioned upon your compliance with these Terms of Service, Bridgr hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services as and when authorized by Bridgr pursuant to these Terms of Service.

All Content must comply with the requirements in these Terms of Service. However, Bridgr is not obligated to pre-screen user Content. Bridgr may, but has no obligation to, remove Content that violates its policies. Bridgr is not responsible or liable to any third party for the content or accuracy of any Content uploaded and/or streamed by you or any other user of the Services.

Any Content you Perform via the Services will be considered proprietary to you and not to Bridgr. However, by posting, uploading, displaying, performing, transmitting, or otherwise distributing Content to the Service, you are granting Bridgr, its affiliates, officers, directors, employees, consultants, agents, service providers, and representatives, and the successors, assigns, and licensees of all such parties, a perpetual, worldwide, paid-up, royalty-free license to use the Content (consistent with your account preferences, settings, and configurations) in operation of the Services, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You further authorize Bridgr and its affiliates to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any operations of the Services that are consistent with your account preferences, settings, and configurations. You will not be compensated for any usage of Content.  

You represent and warrant that:

• You own or control all rights in and to your Content and you have the right to grant the above licenses to us, the identified related parties, and licensees, successors, and assigns thereof.
• Your Content will comply with all requirements in these Terms of Service.
• You accept sole responsibility for all Content that you upload and/or stream, and for its legality, reliability, accuracy, and appropriateness.

Your Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. You will not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other personal rights. You are solely responsible for any violations of any laws and for any infringements of rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your Account login.

Without limiting the foregoing, Content must not:

• Contain any material that is profane, threatening, harassing, inflammatory, violent, hateful, abusive, libelous, defamatory, pornographic, obscene, and/or is otherwise offensive or objectionable in our sole discretion. 
• Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual or gender identity, or age.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

Bridgr takes copyright infringement seriously. Pursuant to the Digital Millennium Copyright Act (Title 17 USC 512(c)), a copyright owner or their agent may submit a takedown notice to Bridgr. As a service provider, Bridgr is entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of the DMCA. 
Bridgr makes a good faith effort to identify any repeat infringers. Those that violate Bridgr’s internal repeat infringer policy will have their accounts terminated.

Infringement Claims
‍To submit an infringement claim to Bridgr, you must provide a notice including the following information:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the infringing material to be removed, and information reasonably sufficient to permit Bridgr to locate the material. Please submit the screen name of the user who posted the infringing material, and identify the message, posting or other location of infringing material.
• Contact information including your name, physical address, email address, and phone number.
• A statement that the complaining party has a good faith belief that the use of the material is unauthorized.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
• A physical or electronic signature of the copyright owner (or authorized representative).

Civil damage penalties, including costs and attorney fees, may apply against any person who knowingly and materially misrepresents certain information in a notification of infringement.Send all takedown notices to help@itselwood.com 
Please note that the identity and information in any copyright infringement claim we receive may be communicated to the alleged infringer. 

‍Disputing a Take Down
‍If you have received a notice that your Content was taken down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the Service(s). The notification must be sent in writing to help@itselwood.com and must contain the following elements (17 USC 512(g)(3)):

• A description of the material that has been taken down and the original location of the material before it was taken down.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
• Your physical or electronic signature.

Your use of the Service(s) is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, Bridgr hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
In addition, to the extent permitted by law, Bridgr (and its officers, directors, agents, service providers, and employees) are not liable for any damages or losses resulting in any way from:

• Content you provide while using the Service(s).
• Your use of or inability to use Service(s).
• Your failure to secure your device(s) and your account information.
• Any modification, suspension or discontinuance of the Service(s).
• Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service(s).
• Damage to your device(s) while using the Service(s).
• The accuracy of information obtained through the Service(s).
• The behavior, actions and inactions of third parties using the Service(s) including those communicating with you.
• Any agreements you make or understandings you have with other users—whether artistic, legal, financial, or otherwise. 
• Actions taken by Bridgr in response to violations of the Terms of Service and its other policies, as amended from time to time.
• The way your postings and messages appear or do not appear.
• Any effects of changes in Bridgr operations, policies and Terms of Service on you or your organization, including without limitation the need to modify your Content and practices to comply with such changes.
• The technical operating and transmission features of the Service(s), including without limitation the transfer of unencrypted Content over various networks.
• Acts (or failures to act) of Bridgr’s third party hardware, software, and network service providers.

The foregoing exclusions of Bridgr liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses (even if Bridgr has been advised of the possibility of such damages).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 
If despite the provisions herein, Bridgr is found to be liable for damages to you or another party, our liability is limited to the greater of (i) the amount paid to Bridgr for the transaction giving rise to the alleged liability and (ii) $100.

You release Bridgr and its officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with any dispute you have with other Bridgr account holder(s). You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.You will indemnify and hold harmless Bridgr, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms of Service, your improper use of the Service(s), your failure to honor the terms of a transaction arranged using the Service(s), or your violation of any law or other rights of a third party.

Hyperlinks to other websites or resources (“Linked Sites”) are provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Bridgr of any of the products, services or opinions offered on Linked Sites. Bridgr bears no responsibility for the accuracy, legality or content of any Linked Site or for that of subsequent links. You acknowledge that we are not liable for any loss you incur relating to Linked Sites or your use of or reliance on their content. 

Bridgr will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Bridgr, including without limitation any pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, act of war, terrorist act, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If you are under the age of 18, you may not use the Services. The Services are not intended for children under the age of 18 and  does not knowingly receive information from minors. We will close the account of any user under the age of 18 or who is otherwise not of legal age to use the Site.

Any claim or dispute arising between you and Bridgr that relates in any way to the Bridgr Terms of Service, your use of or access to the Service(s), actions by Bridgr or its agents, or any transaction through the Service(s), will be resolved exclusively through final and binding arbitration, rather than in court. 
As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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‍Prohibition of Class and Representative Actions 
YOU AND BRIDGR MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS. 
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‍Arbitration Procedure
‍The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. 
A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute ("Notice") describing the nature and basis of the claims the party is asserting and the relief sought. The Notice to Bridgr should be sent to:

Bridgr, Inc.
Attn: Notice of Dispute
217 W 18th Street, Box #1731
New York, NY, 10011

Bridgr will send any Notice to your email address, or to a physical address if one is on file for your Bridgr account. It is your responsibility to keep your email and/or physical addresses up to date.
If you and Bridgr are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Bridgr at the address above. If Bridgr initiates an arbitration it will send a copy of the completed form to the email and/or physical address on file for your Bridgr account. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Settlement offers shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in New York, New York, USA. If the value of the relief sought is $1,000 or less, either you or Bridgr may elect to have the arbitration conducted by telephone or based on written submissions.
The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator's award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.

Opt-Out Procedure
YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY MAILING BRIDGR A WRITTEN NOTICE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU OPEN YOUR ACCOUNT FOR THE FIRST TIME. 
‍The Notice must include your name, street address, city, state and zip code, and the user ID(s) and email address(es) associated with the Bridgr account(s) to which the opt-out applies and must be signed by you. You must mail the Opt-Out notice to the address listed above. This is the only way to opt out of arbitration; the rest of the Terms of Service will continue to apply. Opting out of arbitration as provided in this version of the Terms of Service has no effect on any other or future arbitration agreements you may have with Bridgr.

If the arbitration provisions above are found not to apply to your claim, the state courts located in New York City, New York and the Federal courts located in New York will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts.This Terms of Service, the Privacy Policy, and all policies posted through the Service(s) constitute the entire agreement between you and Bridgr and supersede any prior agreements between you and Bridgr (including, but not limited to, any prior versions of the Terms of Service). The failure of Bridgr to exercise or enforce any of its rights shall not constitute a waiver of those rights. The laws of the State of New York, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute between you and Bridgr. Headings are for reference purposes only and do not limit the scope or extent of any section. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions will remain in force. The provisions of these Terms of Service which by their nature are intended to survive termination will survive its termination.