JOANN FERRARI

Terms ("Terms and Conditions of Use" and "Privacy Policy")

Terms and Conditions of Use

This Jo Ferrari Lyricist website ("Website") is owned, operated, licensed or controlled by Jo Ferrari ("JoFerrari") and is for your personal use. Please read these Website Terms and Conditions of Use ("Terms") carefully before using the Website. The use of "You" or "Your" refers to any user of the products or services offered on the Website which is subject to these Terms. JoFerrari reserves the right to update these Terms at any time without notice to you. However, the most current version of these Terms may be accessed by clicking on the "Terms and Conditions of Use" link located at the bottom of the Website. When you use the Website, you accept, WITHOUT LIMITATION OR QUALIFICATION, these Terms, including any changes that are made from time to time. If you do not accept or agree with these Terms, then do not use the Website or download any materials or content from it. By accessing, using, browsing or downloading in any way, without limitation or qualification, any material on the Website, you agree to and are bound by these Terms.

Capacity to Accept these Terms

You represent that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 13 years of age or older, as the JoFerrari Website is not intended for use by children under 13. If you are under 13 years of age, then please do not use the JoFerrari Website. If you are under 13 years of age and need to access the JoFerrari Website, request parental or guardian assistance.

Restrictions on Use

JoFerrari hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without JoFerrari's prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms. In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JoFerrari immediately of any breach of security or unauthorized use of your account. Unless you have first obtained prior written approval, you may not do any of the following:

Use any robot, RATs, keyboard loggers, time bombs, spyware, adware, spider or any other automatic devices not provided by us to extract any data or content from the Website;
Interfere disrupt, or attempt to gain unauthorized access to other accounts on the Website or any other computer network;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content, including page layout or form; use of any meta tags or any other "hidden text" utilizing the JoFerrari name or trademarks.
Post or submit any unlawful, libelous, obscene, defamatory, scandalous, threatening, inflammatory, profane or pornographic material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations;
Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; or
Engage in any other activity deemed by JoFerrari to be in conflict with the spirit or intent of the Website.

Intellectual Property Rights

The use of JoFerrari trademarks, service marks and logos is prohibited without JoFerrari's express prior written consent and JoFerrari will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute or use JoFerrari's Website content in any way without the prior written consent of JoFerrari, except as provided in these Terms. You may download one copy of the material on the Website for your personal, non-commercial home use only, provided you do not delete, modify or change any copyright, trademark or other proprietary notices. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein. If you modify or use materials for any other purpose, you will be violating the intellectual property rights of JoFerrari, which it vigorously protects. The material in the Website is provided for lawful purposes only.

Third-Party Copyrights

If you believe any content on the Website infringes your copyright, you may request removal of such content from the Website by contacting JoFerrari by mail using the address below or email at joferrari11@msn.com. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(2), please provide the following information:

Your name, address, telephone number, and e-mail address. Identification of the copyrighted work that you believe to be infringed. Please describe the work and include a copy of the location (URL) of the unauthorized version of your work.
A statement that you have a good faith belief that the Website content is not authorized by the copyright owner, its agent, or the law.
A signature or the A signature or the electronic equivalent from the copyright holder or authorized representative.

Mailing address:
Attn: General Counsel
JoFerrariLyricist
PO Box 691208
Orlando, Florida 32869

Hyperlinks

You are not permitted to create a link to the Website without first obtaining JoFerrari's prior written consent.

All of the information that is collected from customers, such as email addresses and related personal information and credit card information, is subject to the Website privacy policy. Please see the Website Privacy Policy.

User Submissions

The Website content may now or in the future permit the submission of suggestions, ideas, graphics, concepts, photos, videos or other communications or information, or know-how contained in any communications or information submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You agree that, upon submitting, posting or otherwise transmitting to JoFerrari, any such User Submissions will become and forever be the property of JoFerrari and you further understand that whether or not such User Submissions are published, JoFerrari does not guarantee any confidentiality with respect to any User Submissions. You agree that JoFerrari may publish your name and/or User Submission on JoFerrari Website, in email campaigns, on social media pages, in print material, press releases or any other mediums, and JoFerrari may freely use any User Submissions for any purpose whatsoever, be it commercial or non-commercial, without any acknowledgement, notification or payment of any compensation to you.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize JoFerrari to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by JoFerrari. JoFerrari may use such submissions in any manner in the sole discretion of JoFerrari. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to JoFerrari, you hereby grant JoFerrari a perpetual worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other JoFerrari or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms.

In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JoFerrari all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage JoFerrari or any third party; (iii) submit material that is unlawful, libelous, obscene, defamatory, scandalous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any regulation or law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business(es); or (v) impersonate another person. JoFerrari will fully cooperate with any law enforcement authorities, agencies or court order requesting or mandating disclosure of the identity of any person posting any such information or materials. JoFerrari does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JoFerrari expressly disclaims any and all liability in connection with User Submissions. JoFerrari reserves the right to remove Website content and User Submissions without prior notice. JoFerrari also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. JoFerrari may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.

Warranties

The Website and the Website content are provided on a "as is" basis. To the fullest extent permitted by law, JoFerrari, and its agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. JoFerrari, its agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, failure of performance, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOFERRARI DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF JOFERRARI.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT JOFERRARI SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORKMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF JOFERRARI, OR AN AUTHORIZED JOFERRARI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE JOFERRARI GOODS AND SERVICES, FROM INABILITY TO USE THE JOFERRARI GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JOFERRARI SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

Indemnity

You agree to defend, indemnify and hold harmless, JoFerrari, its parent company, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website. You also agree to indemnify, defend and hold harmless JoFerrari and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related Websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.

Payment Verification

JoFerrari reserves the right to refuse service or decline orders for any reason. Accordingly, JoFerrari may request written verification and proof of a user's identity by supplying JoFerrari with a copy of government issued photo identification at JoFerrari's sole discretion.

Termination

JoFerrari has the right to terminate your access to the Website content for any reason whatsoever, if JoFerrari, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. JoFerrari may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. No failure or delay on the part of JoFerrari in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect.

Arbitration

JoFerrari may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Governing Law and Exclusive Jurisdiction

This Website is controlled by JoFerrari from its offices within the United States of America. JoFerrari products and services are available in many parts of the world, but services are not available worldwide. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.

Your privacy is very important to JoFerrariLyricist, ("JoFerrari", "we" or "us"), and we are committed to safeguarding your privacy. In this privacy policy ("Privacy Policy"), the use of "You" or "Visitor(s)" refers to any user of the products or services offered on the JoFerrari website ("Website"). All Website use is subject to this Privacy Policy. Unless indicated otherwise, this Privacy Policy applies only to personal information collected through the Website, microsites, or mobile sites that expressly adopt, and display or link to, this Privacy Policy. Please read this Privacy Policy to understand the care with which JoFerrari will treat your information. If you have any questions about our Privacy Policy, please contact JoFerrari at joferrari11@msn.com. JoFerrari has adopted this Privacy Policy in order to inform you of its policies with respect to information collected from the Website. Your use of the Website constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. This is a Website-only privacy policy, and does not apply to the handling of your personal data collected by JoFerrari or its affiliates/owner-operators by means other than the Website. By accessing, using, browsing or downloading in any way, without limitation, any material on the Website, you agree to and are bound by this Privacy Policy, which may be amended from time to time.

Automatic Collection of Information

Certain information about Website visits is automatically recorded by the standard operation of the internet servers on which the Website is hosted. The information JoFerrari automatically collects may include IP addresses, type of browser being used by you, the number and frequency of visits to the Website, the date and time you access the Website, the length of your stay and the specific pages and links you access while visiting the Website, and demographic information concerning the country of origin of your computer and the language(s) used by it.

Collection of Information by Cookies

The Website uses small files or records that are placed on your computer's hard drive to distinguish you from other Website visitors. These small files are known as "cookies". These cookies enable JoFerrari to track how a visitor navigates through the Website and the areas in which they show interest. Information gathered may include date and time of visits, pages viewed, time spent at the site, and the website visited just before and just after a visit to our Website. The Website may use both "session cookies" and "permanent cookies". Most computers are standardly programmed to accept cookies, but you can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placements. If you refuse cookies, there may be parts of the Website that may not function properly.

Information You Voluntarily Submit

JoFerrari may collect personal information (which may include first and last name, gender, birth date, physical addresses, e-mail address, home or mobile number, frequency of visits to JoFerrariLyricist.com and any other information you voluntarily provide) when you voluntarily submit this information to JoFerrari or voluntarily register as a user of the Website. For example, you may choose to provide us with your personal information in order to participate in sweepstakes or contests or participate in a promotion, place online orders, purchase merchandise, provide content submissions, register for or join our email program (if applicable), contact JoFerrari, make suggestions, or participate in online interactive activities, surveys or marketing research.

Use of Personal Information

JoFerrari will not sell, rent or otherwise distribute your personal information, except as described in this Privacy Policy. JoFerrari, or service providers acting on behalf of JoFerrari, may use information collected from the Website for any of the following purposes: 1) send marketing and other communications to visitors about JoFerrari products or services or about the products and services of promotional partners that are not owned or affiliated with JoFerrari; 2) to allow JoFerrari to notify visitors of upcoming events, promotions, or activities on the Website; 3) to conduct internal reviews of the Website (e.g. to determine the number of visitors to the Website); 4) to fulfill purchases; 5) to respond to specific requests from Website visitors; 6) to provide any necessary notices to Website visitors; 7) to conduct marketing research; 8) to protect the security or integrity of the Website; 9) as permitted by, and to comply with, any regulatory or legal requirements; and 10) for any other purpose to which you consent. We may also share personal information collected on the Website with any affiliate of JoFerrari, and any other future affiliates.

Social Networking Services

If you choose to access or make use of third party social networking services (for example, Facebook, Twitter or other services), we may receive personal information about you that you have made available to those services, including the geographic location of your mobile device and information about your contacts on those services. Some social networking services may allow you to transfer content from our Website to your contacts or to retrieve information about your contacts so you can connect with them on our Website. Some social networking services also will facilitate your registration for our Website or personalize or enhance your experience on our Website. Your decision to use a social networking service is completely voluntary. However, you should make sure you are comfortable with the information your third party social networking services may make available to our Website by visiting and reviewing the privacy policies of those third party social networking services' websites and by modifying your privacy settings directly on those websites. Any personal information we receive through third party social networking services may be used as described above.

Personal Information about Children

JoFerrari's Website is not intended for use by children under 13 years of age. Accordingly, JoFerrari does not knowingly collect age identifying information or personal information from children under 13 years of age at the Website. JoFerrari hereby advises all visitors to the Website under 13 years of age not to disclose or provide any personally identifiable information on the Website. In the event JoFerrari discovers that a child under the age of 13 has provided personally identifiable information on the JoFerrari Website, JoFerrari will not use this information and will delete the child's personally identifiable information from the JoFerrari files to the extent technologically possible to maintain compliance with the Children's Online Privacy Protection Act ("COPPA"). If you have knowledge that a child has provided JoFerrari personal information please contact JoFerrari at joferrari11@msn.com.

Personal Information

JoFerrari strives to maintain precautions, internal controls and procedures to ensure that the personal information you share with JoFerrari is handled in a safe, secure and responsible manner. JoFerrari employs security measures and safeguards to help protect the confidentiality and integrity of personal information and to reduce the risk of loss, unauthorized access, misuse, disclosure or alteration of the personal information in JoFerrari's control. Remember that any information or data transmitted electronically using the internet may not be absolutely secure. JoFerrari assumes no liability for the loss of any information that you transmit to us using the internet.

Linking To Third Party Websites

When you click on Website links that may navigate you to a third-party website, you will be subject to that third party's privacy policy. While JoFerrari supports the protection of privacy on the internet, JoFerrari is not responsible for the actions of any third-party websites. JoFerrari encourages you to carefully read and review the posted privacy statements of any and every website you visit, whether you are linking from the Website or browsing on your own.

United States Only

Our Website is intended for use by residents of the United States of America only. If you are located outside of the United States and you are visiting the Website, or if you otherwise contact JoFerrari, please be advised that any information you provide to us will be transferred to the United States and that by submitting information you explicitly authorize this transfer and the processing of this information within the United States.

Your California Privacy Rights

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please e-mail us at: joferrari11@msn.com, or write to us at: JoFerrariLyricist, ATTN: Privacy Enforcement, PO Box 691208, Orlando, Florida 32869, with a specific reference to California Disclosure Information. We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time. Please note that we are only required to respond to each customer once per calendar year.

Access to and Managing Your Personal Information

To inquire about any portion of this Privacy Policy or our privacy practices, your personal information, updating your personal information, or if you want to "opt out" of receiving future marketing communications, please do one of the following: 1) Send an email with your request and current contact information to joferrari11@msn.com; or 2) Send a request in writing with your current contact information to:

JoFerrariLyricist Attn: Privacy Enforcement PO Box 691208 Orlando, Florida 32869

Opting Out

Email: By providing your email address to JoFerrari during your sign up, you are opting-in to receive marketing emails from JoFerrari. You can opt out of receiving our marketing emails at any time. You may opt out of this list at any time. To stop receiving our marketing emails, email us at joferrari11@msn.com or follow the unsubscribe instructions included at the end of any marketing email you receive from us. Please note, however, that opting out of these emails will not stop operational or transactional emails, such as order confirmation or customer service email responses. If you notify us by email or letter request, be sure to include your full name, address, phone number and email address and indicate the specific nature of your request. If you want to "opt in" or "opt out" from receiving email marketing communications, specify the type of email marketing communication you wish to receive or stop receiving. JoFerrari will take appropriate steps to implement your request. It may take up to ten (10) business days until the change(s) take effect. You may still receive or not receive marketing communications from JoFerrari.

We may modify, update or supplement this Privacy Policy from time to time, so we encourage you to review our Privacy Policy frequently. Privacy Policy changes will apply to the information collected from the date we post the revised Privacy Policy to the Website, as well as to existing information held collected and maintained by us. If we decide to change this policy in a material way, we will obtain the necessary consents required under applicable privacy laws if we seek to collect, use or disclose personal information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.

If at any time you believe JoFerrari has not adhered to the policies and principles set forth in the Privacy Policy, please notify JoFerrari via email at joferrari11@msn.com or via mail at:

JoFerrariLyricist Attn: Privacy Enforcement PO Box 691208 Orlando, Florida 32869