LOESPO, LLC  and Noteable Singing Mask

Terms of Use

 

These Terms of Use, together with LOESPO, LLC’s Privacy Policy, (collectively, the “Terms”) set forth the terms and conditions that apply to your access and use of the website of LOESPO, LLC and Noteable Singing Mask(https://www.noteablemask.com/) (“LOESPO” “we” or “us”, and the “Site”) and associated services.  The Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and LOESPO concerning your access to and use of the Site. By using or accessing the Site, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below.

  1. Account Security. To use the Site, you must be at least eighteen (18) years of age and agree to use the Site in compliance with any and all applicable laws and regulations.  
  2. Account Registration.  To access some features of the Site, you may be required to register for an account.  When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password (“Registration Information”).  When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself.  You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from LOESPO for any purpose.  You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information.  For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else.  If you do share this information with anyone, we will consider their activities to have been authorized by you.  If you have reason to believe that your account is no longer secure, you must immediately notify us at info@noteablemask.com .
  3. ProhibitedConduct.  You agree not to: 
  4. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law; 
  5. Violate or encourage others to violate the rights of third parties, including intellectual property rights; 
  6. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; 
  7. Interfere in any way with security-related features of the Site; 
  8. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; 
  9. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without LOESPO’s express written permission;
  10. Use, reproduce, modify, distribute or store any part of the Site (including product information or other content) for any purpose without the prior written permission of LOESPO;
  11. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or 
  12. Sell or otherwise transfer the access granted herein. 
  13. ThirdParty Content.  The Site may contain links to third party websites and services.  LOESPO provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that LOESPO has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
  14. Intellectual Property. You acknowledge and agree that when you submit personal information, your email address, or other content (together, “content”) to LOESPO, such content will be shared with and stored by LOESPO and its affiliates and partners. You further acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to LOESPO through the Site or by other communication means. The Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to LOESPO, except third-party trademarks or service marks, which are the property of their respective owners.  
  15. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless LOESPO from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. LOESPO reserves the right, at their expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  16. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, LOESPO in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting LOESPO at info@noteablemask.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but LOESPO may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
  17. Modification of the Terms. LOESPO reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. LOESPO will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the website or by sending an email to any address you may have provided to us.  Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
  18. Disclaimers of Warranties. The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although LOESPO seeks to maintain safe, secure, accurate, and well-functioning services, they cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. LOESPO specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. LOESPO does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.  
  19. Limitation of Liability. In no event will LOESPO be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not LOESPO has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
  20. GoverningLaw.  These Terms are governed by the laws of the State of

Texas, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LOESPO agree to submit to the exclusive personal jurisdiction of the Williamson County, Texas courts, or, if such court shall not have jurisdiction, any federal court of the United States or other Texas state court, and appropriate appellate courts therefrom, for the purpose of litigating all such disputes.

  1. Modification of the Site. LOESPO reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that LOESPO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
  2. General.
  3. Entire Agreement.  These Terms constitute the entire and exclusive understanding and agreement between you and LOESPO regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. 
  4. No Waiver.  The failure to require performance of any provision shall not affect LOESPO’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  
  5. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  
  6. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
  7. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Last updated: February 28, 2021

 

Privacy Notice

LOESPO, LLC and Noteable Singing Mask (“LOESPO,” “we,” “us,” “our”) are committed to protecting your personal information.  This Privacy Notice describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information.  For purposes of this Privacy Notice, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you.  This Privacy Notice applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms (the “Services”), as well as through any other means where a link or reference to this Privacy Notice is provided at the time of collection.   

Our Services

LOESPO is a provider of specialized choral singing accessories and related content information to churches, community choruses, college/university music departments, and other similar organizations (our “Clients”).  In connection with the provision of these items and information, LOESPO collects and stores personal information regarding individuals who visit and utilize certain functions or features of our website (“End Users”).   This Privacy Notice applies to LOESPO’s collection and use of Client and End User personal information but not to our Clients use of such personal information.  This Privacy Notice also applies to other personal information collected directly by LOESPO, including through use of our website or otherwise in connection with the Services.

Personal Information We Collect

When you access or use the Services or otherwise interact with us, whether as a Client, End User, or other individual, we may collect certain categories of personal information about you from a variety of sources.    

Categories of personal information that we may collect from you directly include: 

–        Contact information (for example, name, phone number, mailing address, email address)

–        Payment-related details (for example, banking information, billing address and other credit card details)

–        Communications (for example, submitted questions or other posts and marketing preferences)

–        Recruitment data (for example, resumes and other details regarding an applicant’s qualifications)

 

Categories of personal information that we may collect automatically when you use the Services include: 

–        Technical information (for example, browser type, IP address, cookies, and operating system)

–        Usage information (for example, pages visited, search terms entered, and frequency of visits)

 

Categories of personal information that we may collect from other sources, including from our Clients in connection with their use of the Services, include: 

–        End User contact information (for example, name, phone number, mailing address, email address)

–        End User account information (for example, username and password and transaction history)

–        End User payment-related details (for example, billing address and other credit card details)

How We Use Your Personal Information

We may use the personal information we collect for the following purposes:

–        Provide and improve the Services.  We may use your personal information to provide and improve the Services as well as for the administration of our business, for business development purposes, and to fulfill our contractual obligations.

–        Risk mitigation and security.  We may use your personal information for risk mitigation and security purposes, including to maintain the privacy and security of our data, to conduct internal audits or investigations, for data security testing and business continuity planning purposes, and to ensure the safety and security of our Clients, staff and assets.

–        Communication and marketing.   With respect to Clients and other individuals that submit information directly to LOESPO, we may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services.  

–        Comply with the law and exercise our rights.  We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.

–        Corporate transaction.  We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event.

 

We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law.   

Use of Cookies

When you use the Services, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety.  You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Services or certain features of the Services.  We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Services.

 

We may also allow certain third parties such as advertising networks, analytics providers, and widget providers to place cookies in order to collect information about your online activities over time and across different websites when you access or use the Services.  Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites.  Due to the lack of such standards, this website does not respond to “Do Not Track” consumer browser settings.

How and When We Disclose Your Personal Information

We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Notice: 

–        Group companies and affiliates.  We may disclose, share, or transfer your information to any business entity that is part of our corporate family.  

–        Contractors.  If you submit data to us through your use of one of our Contractor services, we may share your information with that respective Contractor in connection with that Contractor’s provision of services to you. 

–        Service providers and professional advisors.   We may disclose your information to third party vendors who provide services in support of our business operations, such as website development and hosting, payment processing, marketing management, recruitment and hiring, service optimization, data analytics, and vendors that fulfill orders for other choral singing related products and services.  We may also disclose your personal information to our professional advisors such as our attorneys, accountants, and insurance providers.

–        Parties involved in a corporate transaction.  We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy.

–        Law enforcement or other governmental entities.  We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.

–        Other third parties with your consent.  We may disclose your information to any other third party where you have provided consent to such disclosure.

Security, Retention & Transfer of Personal Information

We have implemented and maintain commercially reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information.  Please note, however, that no security measures are perfect or impenetrable.  We therefore cannot guarantee and do not warrant the absolute security of your personal information.  We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights.

 

Depending on your location, the personal information we collect about you may be transferred to a jurisdiction that does not provide the same level of protection of personal information as the jurisdiction in which you reside.

Your Choices & Rights

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services.  If you have registered for an account in connection with the Services, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services.  If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process provided or described in any such communication, but you may still receive transactional or administrative communications from us.  Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Depending on your location and subject to local law, you may have certain rights with respect to your personal information.  These may include the right to access and correct your personal information.   

 

To make a request related to your personal information or otherwise exercise any rights you may have under applicable law, you may contact us using the contact information provided below.  To fulfill your request, we may require additional information from you.  We will respond to requests, as applicable, within the relevant time periods established by applicable law.  We are committed to finding a fair and reasonable resolution to any request, concern, or complaint you bring to our attention.  However, if you are unsatisfied with our response to your request, you may have the right to lodge a complaint with applicable governmental authorities, subject to local law.  

Children’s Privacy

We do not knowingly collect or maintain information from persons under 13 years of age (“children”), and no part of the Services is directed to children.   If you are under 13 years of age, then please do not use or access the Services at any time or in any manner.   If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information.   If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

California Residents

Supplemental to the above, the following additional information pertains to California residents only: 

Collection and Use of Personal Information

–        Categories of personal information collected about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, education information, and inferences drawn from such information.  For examples of specific pieces of personal information collected, please see the “Personal Information We Collect” section above.

–        Categories of personal information disclosed for a business purpose about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, and education information.  

–        We do not sell personal information, nor do we share personal information with third parties for those third parties’ own direct marketing purposes.

 

Your California Privacy Rights

As a California resident, you have the following rights with respect to your personal information:

–        You have the right to request to know about personal information collected, disclosed, or sold.

–        You have the right to request the deletion of personal information.

–        You have the right to opt-out of the sale of your personal information at any time. Note that we do not currently sell personal information. 

 

Finally, you have the right to not be discriminated against as a result of exercising your privacy rights.  Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of good or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services. 

 

To exercise your rights, you may contact us using the contact information provided below.  In order to fulfill your request, we may require additional personal information for purposes of verifying your identity.  If you make a request through an agent, we may require additional information to verify your authorization of the agent.  

Changes to Privacy Notice

We reserve the right to make changes to this Privacy Notice at any time, without notice.  We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email.  Please revisit this page periodically to stay aware of any changes to this Privacy Notice.   For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Notice in effect at the time the dispute arose.

Contact Us

Please contact us with any questions, comments or concerns about this Privacy Notice or our use of your personal information by e-mail at info@noteablemask.com.

 

Last updated: February 28, 2021