MEMBERSHIP AGREEMENT
1. Description of Services
Crooklyn Clan, Inc. is a provider of music related services. These services are provided to Members who are music industry professionals who wish to become a member of a larger entertainment network via the Internet or World Wide Web.
The following terms are defined for use in this Agreement:
“Member” “You” or “Your” means an individual registered and authorized to utilize Crooklyn pursuant to the "Crooklyn," "Company" and/or “Site” refers to Crooklyn Clan, Inc. and the website Crooklynclan.net. "Delivery" means the digital transaction from servers operated by the Site to the Member's device.
2. Member Subscription / Payments
Crooklyn provides remixing services designed specifically for performance disc jockeys or music industry professionals who elect to become Member’s of the Site and purchase download credits on a one-time basis, or for a monthly subscription fee.
3. Crooklyn’s Payment Processor
Crooklyn uses a third party payment processor (the “Payment Processor”) to bill Members through a payment account linked to your Account. The processing of payments will be subject to the terms of use and privacy policies of the Payment Processor, in addition to this Agreement. Crooklyn’s current Payment Processor is PayPal, Inc. and Member payments are processed by PayPal, Inc. in accordance with PayPal Inc.’s Terms of Service and Privacy Policy. Crooklyn does not control and is not liable for the security or performance of the Payment Processor. Member agrees to pay Crooklyn, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Member agrees to make payment using the payment method the Member provides in the Member’s Account.
Crooklyn reserves the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
4. Member's Cancellation
The Member may cancel this Agreement with thirty (30) days notice to Crooklyn. Upon cancellation of this Agreement, Member's services shall be terminated effective as of the date of cancellation and no Member services will be available.
5. General Terms and Conditions
(a)
Transaction Limits:
Crooklyn reserves the right to refuse to process transactions to specific Members for any reason.
(b)
Limitations of Liability for the Crooklyn service:
Crooklyn shall not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall Member be entitled to recover damages from Crooklyn which exceed the sum of the amount of service or membership fees retained by Crooklyn under this Agreement.
6. Indemnification
Member agrees to indemnify and hold harmless Crooklyn its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney's fees), or other liabilities resulting from or in connection with this Agreement. Crooklyn assumes no liability of the Member for failure to follow this Agreement, Crooklyn’s or any results caused by the acts, omissions or negligence of the Member.
7. Term
The term of this Agreement shall continue until a notice of cancellation by Crooklyn is given, or until terminated under other provisions of this Agreement. Crooklyn reserves the right to terminate this Agreement without cause. Crooklyn may further terminate this Agreement immediately without notice at any time if the Member breaches any part of this Agreement, or if any program or facility used by Crooklyn to implement this
Agreement is disrupted or terminated for any reason. Crooklyn reserves the right to decline any Member, remove the Member's account or provide only partial service for the Member's account without cause.
8. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or non-enforceable provision were omitted.
9. Choice of Law/Venue
This Agreement shall be construed and enforced in accordance with the laws of the State of New York and the venue for any action, dispute or proceeding with respect to this Agreement shall be New York.
10. Captions
The captions in this Agreement are for convenience only and shall not be used in interpreting, construing, performing or enforcing this Agreement.
11. Age requirements for use of the Service
This Service is available for individuals aged thirteen (13) years or older. If the Member is under eighteen (18) years of age you affirm that your
parent's or legal guardians have provided their express consent for you to access the Site and be bound by all of the terms and conditions contained therein.
12. Amendments and Modifications
Crooklyn reserves the right to make amendments or modifications to this Agreement from time to time without notice.
