NEWS SURF MUSIC ART PRODUCT DEALERS THIS IS RHYTHM SNOW 
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PRIVACY & TERMS
A. RHYTHM Privacy and Terms of Use Agreement:
The RHYTHM website, e.g., http://www.RhythmLivin.com, ("Website") is owned and operated by Rhythm Holding Limited (hereinafter, RHYTHM).
Your use of our Website represents your consent and approval of the terms and conditions contained in this Terms of Use Agreement (hereinafter, Agreement). Please note that we may make changes to this Agreement in the future and you should make sure to review our Agreement periodically.
Privacy
Our Privacy Policy is set forth separately in our website and you should read it so that you understand it. Additionally, our Privacy Policy is incorporated in this Agreement by this reference.
Trademarks
RHYTHM® is a registered U.S. trademark of Rhythm Holding Limited. Additionally, THE SOUND OF CHANGE and the the "Rhythm Ticket design" mark are service marks, trademarks, trade dress or registered trademarks of Rhythm Holding Limited in the United States and other countries. These service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion, to cause mistake, or to deceive.
Copyrights
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website, and the selection, coordination, and arrangement of such content, are owned by RHYTHM or its third-party licensors to the full extent provided under the U.S. Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purposes. Nothing stated or implied on the Website confers on you any license or right under copyright of RHYTHM of any third party.
Notice of Copyright Infringement
RHYTHM respects the intellectual property rights of others. When we receive proper notification, as defined under the Digital Millennium Copyright Act ("DMCA"), of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material.
To be effective, notification must be a written communication sent to RHYTHM's Copyright Agent, and the communication must contain substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. 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 owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties and LImitations on Liability
YOU AGREE THAT THE USE OF OR VISITATION OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE CONTENT ON THIS WEBSITE IS PROVIDED ON AN "AS IS," AND “AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. RHYTHM 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. RHYTHM DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RHYTHM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE 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 INCLUDING, BUT NOT LIMITED TO YOUR CUSTOMER CONTENT, THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR YOUR USE OF THIS WEBSITE. RHYTHM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHYTHM OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. RHYTHM IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES OFFERED TO OR PURCHASED FROM A THIRD PARTY BY YOU.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and all applicable federal laws. Any disputes arising from these Terms of Use or Agreement shall be adjudicated exclusively in the courts of the State of California and the U.S. District Court, Central District, in Orange County, Calif. and the parties irrevocably consent to the exclusive jurisdiction and venue of such courts, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You and RHYTHM agree that any suit, action, or proceeding, whether claim or counterclaim, of any kind or nature arising from or relating in any way to the terms, interpretation, enforcement, or breach of this Agreement shall be resolved by a judge alone, and you and RHYTHM hereby waive and forever renounce the right to a trial by a civil jury of any such suit, action or proceeding. You agree that this waiver to any right to a jury trial is a material part of your obligations under this Agreement. To the extent you have in any manner violated or threatened to violate RHYTHM's intellectual property rights, RHYTHM may seek injunctive or other appropriate relief in any state or federal court in Orange County, California USA, and you consent to exclusive jurisdiction and venue in such courts.
Indemnification
You shall indemnify, defend and hold harmless RHYTHM and any and all of RHYTHM’s contractors, agents, employees, officers, subsidiaries, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including attorneys' fees and expenses, of third parties relating to or arising out of or relating to your use of this Website. This indemnification defense and hold harmless obligation shall survive the termination, expiration or cancellation of this Agreement.
B. RHYTHM Privacy Policy:
Your privacy is important to us. Therefore, RHYTHM has implemented the following Privacy Policy so that you will be informed as to the implications of your use of our Website.
Information Collection
You can, of course, visit our Website without having to identify yourself. Your IP Address can be gathered, however, from your visit to our Website, and your IP Address may be used by RHYTHM to address Website maintenance and administrative issues, as well as for marketing purposes and analysis. Any personal information which RHYTHM acquires from its customers from its Website will be used principally to a customers about current and future promotions and events. RHYTHM will never give/trade or sell your personal information to a third party.
Customer Feedback
RHYTHM encourages its Customers to provide us with feedback and especially suggestions. We want to make our offerings as useful and enjoyable as possible. We will never be able to figure out everything our Customers want, so we rely on you, our Customer, to ask for new features and functions. Please understand that all Customer feedback and suggestions shall be deemed non-confidential and once submitted shall be the sole property of RHYTHM. Without limitation to the foregoing, by providing any such material, you hereby grant RHYTHM an unrestricted, irrevocable, royalty-free and perpetual right to freely reproduce, use, disclose, modify, perform, publish, translate, adapt, create derivative works from, distribute and display any such information you send RHYTHM, without limitation, for any and all commercial and non-commercial purposes. RHYTHM is free to use any ideas, concepts or techniques contained in customer feedback or suggestions for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating or adapting such ideas, concepts or techniques.
Changes to the Privacy Policy
If RHYTHM changes this Privacy Policy, we will post those changes on this web page, so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. By using our Website, you signify your assent to RHYTHM's Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Children's Privacy
RHYTHM believes that it is especially important to protect children's privacy online. RHYTHM does not knowingly collect or use any personally identifiable information from children under the age of 13, and RHYTHM does not knowingly provide any personally identifiable information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 13 years old. No information should be submitted to or posted at RHYTHM by visitors younger than 13 years old. If you are younger than 13 years old, please do not send, post, or upload onto any .MP web site any personal information, including your name, address, telephone number, cell phone number, or email address.
Security:
RHYTHM uses commercially reasonable measures to protect Customer Data. Despite these measures, RHYTHM cannot guarantee that the Customer Data that you submit will not be intercepted or otherwise disclosed.
Contact Information
If you have any questions about RHYTHM's Privacy Policy or this Website, please contact:
Rhythm Holding Ltd.
email: info{at}rhythmlivin.com
The RHYTHM website, e.g., http://www.RhythmLivin.com, ("Website") is owned and operated by Rhythm Holding Limited (hereinafter, RHYTHM).
Your use of our Website represents your consent and approval of the terms and conditions contained in this Terms of Use Agreement (hereinafter, Agreement). Please note that we may make changes to this Agreement in the future and you should make sure to review our Agreement periodically.
Privacy
Our Privacy Policy is set forth separately in our website and you should read it so that you understand it. Additionally, our Privacy Policy is incorporated in this Agreement by this reference.
Trademarks
RHYTHM® is a registered U.S. trademark of Rhythm Holding Limited. Additionally, THE SOUND OF CHANGE and the the "Rhythm Ticket design" mark are service marks, trademarks, trade dress or registered trademarks of Rhythm Holding Limited in the United States and other countries. These service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion, to cause mistake, or to deceive.
Copyrights
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website, and the selection, coordination, and arrangement of such content, are owned by RHYTHM or its third-party licensors to the full extent provided under the U.S. Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purposes. Nothing stated or implied on the Website confers on you any license or right under copyright of RHYTHM of any third party.
Notice of Copyright Infringement
RHYTHM respects the intellectual property rights of others. When we receive proper notification, as defined under the Digital Millennium Copyright Act ("DMCA"), of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material.
To be effective, notification must be a written communication sent to RHYTHM's Copyright Agent, and the communication must contain substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. 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 owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties and LImitations on Liability
YOU AGREE THAT THE USE OF OR VISITATION OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE CONTENT ON THIS WEBSITE IS PROVIDED ON AN "AS IS," AND “AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. RHYTHM 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. RHYTHM DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RHYTHM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE 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 INCLUDING, BUT NOT LIMITED TO YOUR CUSTOMER CONTENT, THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR YOUR USE OF THIS WEBSITE. RHYTHM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RHYTHM OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. RHYTHM IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES OFFERED TO OR PURCHASED FROM A THIRD PARTY BY YOU.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and all applicable federal laws. Any disputes arising from these Terms of Use or Agreement shall be adjudicated exclusively in the courts of the State of California and the U.S. District Court, Central District, in Orange County, Calif. and the parties irrevocably consent to the exclusive jurisdiction and venue of such courts, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You and RHYTHM agree that any suit, action, or proceeding, whether claim or counterclaim, of any kind or nature arising from or relating in any way to the terms, interpretation, enforcement, or breach of this Agreement shall be resolved by a judge alone, and you and RHYTHM hereby waive and forever renounce the right to a trial by a civil jury of any such suit, action or proceeding. You agree that this waiver to any right to a jury trial is a material part of your obligations under this Agreement. To the extent you have in any manner violated or threatened to violate RHYTHM's intellectual property rights, RHYTHM may seek injunctive or other appropriate relief in any state or federal court in Orange County, California USA, and you consent to exclusive jurisdiction and venue in such courts.
Indemnification
You shall indemnify, defend and hold harmless RHYTHM and any and all of RHYTHM’s contractors, agents, employees, officers, subsidiaries, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including attorneys' fees and expenses, of third parties relating to or arising out of or relating to your use of this Website. This indemnification defense and hold harmless obligation shall survive the termination, expiration or cancellation of this Agreement.
B. RHYTHM Privacy Policy:
Your privacy is important to us. Therefore, RHYTHM has implemented the following Privacy Policy so that you will be informed as to the implications of your use of our Website.
Information Collection
You can, of course, visit our Website without having to identify yourself. Your IP Address can be gathered, however, from your visit to our Website, and your IP Address may be used by RHYTHM to address Website maintenance and administrative issues, as well as for marketing purposes and analysis. Any personal information which RHYTHM acquires from its customers from its Website will be used principally to a customers about current and future promotions and events. RHYTHM will never give/trade or sell your personal information to a third party.
Customer Feedback
RHYTHM encourages its Customers to provide us with feedback and especially suggestions. We want to make our offerings as useful and enjoyable as possible. We will never be able to figure out everything our Customers want, so we rely on you, our Customer, to ask for new features and functions. Please understand that all Customer feedback and suggestions shall be deemed non-confidential and once submitted shall be the sole property of RHYTHM. Without limitation to the foregoing, by providing any such material, you hereby grant RHYTHM an unrestricted, irrevocable, royalty-free and perpetual right to freely reproduce, use, disclose, modify, perform, publish, translate, adapt, create derivative works from, distribute and display any such information you send RHYTHM, without limitation, for any and all commercial and non-commercial purposes. RHYTHM is free to use any ideas, concepts or techniques contained in customer feedback or suggestions for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating or adapting such ideas, concepts or techniques.
Changes to the Privacy Policy
If RHYTHM changes this Privacy Policy, we will post those changes on this web page, so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. By using our Website, you signify your assent to RHYTHM's Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Children's Privacy
RHYTHM believes that it is especially important to protect children's privacy online. RHYTHM does not knowingly collect or use any personally identifiable information from children under the age of 13, and RHYTHM does not knowingly provide any personally identifiable information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 13 years old. No information should be submitted to or posted at RHYTHM by visitors younger than 13 years old. If you are younger than 13 years old, please do not send, post, or upload onto any .MP web site any personal information, including your name, address, telephone number, cell phone number, or email address.
Security:
RHYTHM uses commercially reasonable measures to protect Customer Data. Despite these measures, RHYTHM cannot guarantee that the Customer Data that you submit will not be intercepted or otherwise disclosed.
Contact Information
If you have any questions about RHYTHM's Privacy Policy or this Website, please contact:
Rhythm Holding Ltd.
email: info{at}rhythmlivin.com
