TERMS OF USE

This Agreement governs the limited permission Brown-Forman Corporation grants for your use of the Jack Daniel's Studio No. 7 website, currently www.jdstudiono7.com (the "Site"), including your use of the Music Mixer (the "Mixer") contained on the Site. By entering the Site and by using the Mixer, you are agreeing that, in consideration of us letting you use the Site, you will be subject to this Agreement.

Before you go further, you need to know that the use of this Website and these terms and conditions are governed ONLY by the laws of the United States. The use of this Website is intended only for use by (a) US citizens or (b) citizens of countries that recognize US law as the governing law for websites based in the US and that permit the display of alcoholic beverages on websites. If you do not fall into one of these categories of citizens, or if you do not know if you do, you should not use this website.

So, if you agree to the following requirements (and submit the information required below), and you are a citizen under (a) or (b) above, you may use the Site:

  1. Definitions. As used in this Agreement: (a) the term "Your Recordings" means the recordings you make by combining the prerecorded sounds that are accessed through the Mixer, including the titles given by you to such recordings; (b) the term "Your Music" means the underlying musical composition, including the musical arrangement thereof, contained in Your Recordings; and (c) the term "Your Name" means the name or names used by you to identify you to Your Recordings.
  2. Privacy policy. We believe strongly in protecting user privacy. Therefore, we have adopted a privacy policy. Users of this Site should refer to our privacy policy for information about how we use and collect information.
  3. Copyright and Trademark Ownership. All Site materials, including, without limitation, the Jack Daniel’s logo, and all designs, text, graphics, other files, and the selection and arrangement thereof, and all brand names and brand logos are owned by us. None of the material, names or logos on the Site may be copied, revised, modified, added to, reproduced, distributed, republished, downloaded, displayed, posted or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise.
  4. Your Representations. You represent and warrant that (a) Your Music, Your Recordings, and Your Name will be original with you or are in the public domain; (b) neither Your Music nor Your Recordings nor any portions thereof are a copy or imitation of another work, or will be substantially similar to any other musical compositions or recordings (including, without limitation, any other recordings created by other visitors to the Site and posted for all of our visitors to hear) or will violate or infringe upon any common law or statutory right of any other work, person or entity, including, without limitation, contractual rights, copyrights and rights of privacy, or constitute unfair competition; (c) Your Recordings will only contain sounds from our library of prerecorded sounds contained on the Mixer; (d) Your Name and the titles you give to Your Recordings will not be identical or similar to any other name used by any other visitor to the Site, any known recording or performing artist, or to any other trademark or service mark, and will not be obscene, indecent, pornographic, discriminatory, racist, sexist, political, libelous or otherwise offensive as determined by us in our sole discretion; and (e) you will not authorize or permit Your Music, Your Recordings or Your Name to be used by another person or entity to advertise, promote or publicize any other product or service. You further represent and warrant that you (i) are a United States resident, (ii) are at least 21 years of age, and (iii) have the power to enter into this Agreement and to grant us all rights being granted in this Agreement, without any obligation by us, our licensees or assigns to compensate you or another person or entity claiming rights through you.
  5. Recordings Ownership. You hereby irrevocably assign and grant to the owners of Jack Daniel’s ("us") all right, title and interest in and to Your Recordings, throughout the universe and in perpetuity, including, but not limited to, all copyrights therein and thereto for the life of copyright (including all renewals and extensions thereof) and all so-called "rental and lending rights," "neighbouring rights," and all other rights similar to rights under copyright. Accordingly, you agree and acknowledge that we and our licensees and assigns are free to exercise any and all rights granted to copyright owners under Title 17 U.S.C. §106, including, without limitation, the exclusive right to reproduce, publicly perform, distribute and otherwise exploit and use in any and media and by any and all means, whether utilizing technology now known or developed hereafter (including, but not limited to, the Internet, motion pictures and all forms of television whether distributed by satellite, cable or any means whatsoever, video cassettes, video discs and other linear and non-linear compact audiovisual devices of whatever kind or nature, CD-Rom, CD-I, CD-Video, videogames, arcade games and video downloading of remote signals) and in any and all advertising, promotion and publicity by any means, whether utilizing technology now known or developed hereafter, of any of the foregoing, the Site, any of our other websites, and any of our products or services.
  6. Other Rights. You hereby waive all rights of droit moral or "moral right of authors" or any similar rights or principles of law which you may now or later have in Your Performances and Your Music.
  7. Exclusive Performance Rights. You hereby grant us the exclusive right to publicly perform Your Music as contained in Your Recordings in connection with any and all uses by us, our licensees and assigns of Your Recordings, including, without limitation, on the Site.
  8. Publicity Rights. You hereby grant us the non-exclusive right to use Your Name in connection with any and all uses by us, our licensees and assigns of Your Recordings, including, without limitation, on the Site. We agree that if we use Your Recordings, we will use reasonable efforts to identify Your Recording to Your Name (provided that Your Name does not violate any of the provisions of this Agreement); however, all aspects of such identifications (for example, size, style of type and location) will be determined by us in our sole discretion, and we will not be in breach of this Agreement due to our or any third party’s failure to make such identification or if such identification is incorrect.
  9. No Downloading or Copies. You agree not to download or otherwise make copies of Your Recordings, the prerecorded sounds accessed through the Mixer, or any recordings made by any other users to the Site and posted on the Site, and further agree not to transmit, broadcast or otherwise use, or in any way make available or assist in making available for downloading, file sharing, transmission, broadcast or any other use any of Your Recordings, our prerecorded sounds or any other recordings on this site except as permitted for use on this Site.
  10. Our Right to Terminate. We reserve the right to terminate or modify this Agreement at any time. Without limiting any other right or remedy available to us, we have the right in our sole discretion, at any time and without notice to you, to remove Your Name and any or all of Your Recordings from the Site, and to block you from entering the Site.
  11. Indemnification. You agree to indemnify and hold the owners of Jack Daniel's and its affiliates harmless from and against any losses, costs, liabilities, claims, damages or expenses (including, without limitation, court costs and outside attorneys' fees) arising out of any claim or action by a third party which is inconsistent with any warranty or representation made by you in this Agreement.
  12. Further Assurances. You agree to execute any documents and do any other acts which may be required by us or our assignees or licensees to further evidence or effectuate our rights as set forth in this Agreement. Upon your failure promptly to do so, you hereby appoint us as your attorney-in-fact for such purposes (it being acknowledged by you that such appointment is irrevocable and shall be deemed to be a power coupled with an interest), with full power of substitution and delegation.
  13. License Rights. Our rights under this Agreement, including, without limitation, with respect to Your Recordings, Your Music and Your Name may be freely assigned and licensed, and such rights shall be binding upon you and inure to the benefit of any such assignee or licensee.
  14. Disclaimer of Warranties.

    YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY US OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

    YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

    WE DO NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY US VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

    WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF US OR OUR AFFILIATES, LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

    WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS INTENDED ONLY FOR CITIZENS OF THE UNITED STATES OR CITIZENS OF COUNTRIES THAT RECOGNIZE U.S LAW AS THE GOVERNING LAW FOR WEBSITES BASED IN THE U.S. AND THAT PERMIT THE DISPLAY OF ALCOHOLIC BEVERAGES ON WEBSITES, AND THAT THIS WEBSITE IS GOVERNED EXCLUSIVELY BY U.S. LAW. YOU THEREFORE ACKNOWLEDGE THAT ANY USE OF THIS WEBSITE BY YOU IS NOT GOVERNED IN WHOLE OR PART BY ANY OTHER COUNTRY'S LAW AND DOES NOT SUBJECT BROWN-FORMAN OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES TO THE JURISDICTION OR LAWS OF OF ANY OTHER COUNTRY, AND THAT YOUR USE OF THIS WEBSITE DOES NOT ENTITLE YOU TO CLAIM THE BENEFITS OF ANY OTHER COUNTRY'S LAWS.

  15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THIS WEBSITE OR ITS CONTENT OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  16. Validity of this Agreement. You agree that you have entered into this Agreement as a matter of your own free will, and that you will not challenge the validity of this Agreement or its binding effect or enforceability.
  17. Governing Law. This Agreement is subject to the substantive laws of the Commonwealth of Kentucky and the state and federal courts resident therein, and you agree to be subject to the personal jurisdiction of the Commonwealth of Kentucky, Jefferson County, and the federal court in Louisville, Kentucky with respect to this Agreement. No waiver of any right or action by us shall be deemed a waiver of any other right or action, or of a continuing waiver of the right or action.
  18. Entire Agreement. This Agreement set forth the entire agreement between you and us with respect to the subject matter of this Agreement.
  19. Signature. You agree that by typing your name in the registration form, and by clicking the button marked "Finish" at the end of the registration form, you will be signing this agreement with an electronic signature that is valid and enforceable under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001-7006), and the Copyright Act of 1976 (17 U.S.C. § 204(a)). You further agree that this electronic signature is in a form capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain this Agreement.