Privacy Policy

X Project, LLC (“Company,” “we,” “us”), is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below).  This Privacy Policy (the “Policy”) describes our practices in connection with Personally Identifiable Information that we collect through http://www.xjapanmusic.com (the “Website”).  This Policy does not govern our collection of information through any web site, or by any other means, other than through the Website; nor does this Policy govern the collection of information by any of our affiliates (collectively, “Affiliates”) or by third parties.  To the extent that you submit any Personally Identifiable Information to any third party (for example, via a third-party software application or service that is available through or included in the Website), such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and not by our Policy (in any event, we are not responsible for the information collection, usage and disclosure practices of third parties).

By using the Website, you agree to the terms and conditions of this Policy.  If you do not agree to the terms and conditions of this Policy, please do not use the Website.  We reserve the right to change this Policy without prior notice.  Any changes to our Policy will become effective upon our posting of the revised Policy on the Website.  Use of the Website following such changes constitutes your acceptance of the revised Policy then in effect.

The Website is controlled and operated by Company from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personally Identifiable Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States.  Company does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  By using the Website and submitting any Personally Identifiable Information, visitors from outside of the United States acknowledge that the Website is subject to United States law and consent to the transfer of Personally Identifiable Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Note Regarding the Use of the Website by Children: The Website is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Website.

1. What Types of Information Does Company Collect From Me?

Company gathers two basic types of information through the Website: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”).  Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number or other payment account number.  Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

a.  Personally Identifiable Information. You do not have to provide PII to use the Website.  However, in order for you to take advantage of particular opportunities provided through the Website (for example, to sign up for a newsletter or to view certain areas of the Website), we may require that you furnish PII.  We collect PII from you through the Website only when you voluntarily provide it to us.

b.  Non-Personally Identifiable Information. When you visit and interact with the Website, Company and third parties with whom Company has contracted to provide services to Company may collect Non-PII (for example, a catalog of the Website pages you visit).  Non-PII is generally collected through the Website from five different sources:  server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.

2.  How Does Company Use Information Collected From Me?

a.  Personally Identifiable Information. We may use PII about you in the following ways:

(i) Fulfillment of Requests. Company may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).

(ii) Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Website, or changes to our terms, conditions, and policies.  Because this information may be important to your use of the Website, you may not opt-out of receiving such communications.

(iii) Other Communications. If you affirmatively opt-in to receive marketing messages from Company and the Affiliates, Company and the Affiliates may use PII about you to inform you of any artists, products, programs, services and promotions that we believe may be of interest to you.  If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.f (“Opt-Out”) below.

(iv) Third Party Communications. If you affirmatively opt-in to Company sharing PII about you with third parties for their marketing purposes, we may share PII about you with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you.  If you would like to later opt-out of receiving marketing-related e-mail messages from such third parties, please utilize any opt-out mechanisms set forth in such third parties’ marketing-related e-mail messages and/or privacy policies.

(v) Disclosures to Artists. One of the reasons we operate the Website is to provide you with news and information about us and our artists.  As such, if you affirmatively opt-in to Company sharing PII about you with our artists, we may share PII about you with such artists (for the purpose of clarification, if any such artist is a band, we may share PII with each and every member of such band) and their representatives (collectively, “Artist(s)”) so that such Artists have information on users of the Website, and such Artists may use this information to contact you regarding products, programs, services and promotions that such Artists believe may be of interest to you.  Although we seek to have Artists agree to abide by this Policy, we do not control, and are not responsible for, Artists’ use of PII about you.  If you would prefer not to receive marketing-related e-mail messages from Artist(s), please see the “Opt-Out” section below.

(vi)  Purchases. If purchasing functionality is offered on the Website, we may use third-party payment services (each, a “Payment Service”) to collect payments for purchases made through the Website.  If you wish to make a purchase through the Website, you may be directed to a web site or other online service that is hosted by a Payment Service (each, a “Payment Service Page”) and not by us.  Any PII that you provide through a Payment Service Page will be collected by the applicable Payment Service and not by us, and will be subject to such Payment Service’s privacy policy, rather than this Policy.  We have no control over, and shall not be responsible for, any Payment Service’s use of information collected through any Payment Service Page.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH ANY PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.

Notwithstanding the foregoing, if purchasing functionality is offered on the Website and you seek to make a purchase through the Website, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase.  If applicable, we may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number).  To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.

(vii) E-mails to Friends. We may provide functionality to permit you to send messages regarding Website-related content (such as music clips or artist information) to a friend through the Website.  If you wish to use this feature, you may provide us with your friend’s e-mail address so that we can facilitate your sending of such message to your friend.  To do so, any PII you provide in connection with sending your friend such message, such as your name and your e-mail address, will, of course, be disclosed to your friend.

(viii) Promotions; Surveys. Company, Artist(s) or the Affiliates may operate sweepstakes, contests and other promotions (collectively, “Promotions”) through the Website.  In addition, we, Artist(s) or the Affiliates may conduct surveys or polls through the Website or ask for your responses to questionnaires that we make available through the Website (such surveys, polls and questionnaires, collectively, “Surveys”).  We typically ask you for certain PII when you enter and, if applicable, win a Promotion, and when you participate in a Survey.  We reserve the right to share PII that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey.  You should carefully review the rules, if any, of each Promotion and Survey in which you participate through the Website, as they may contain additional important information about Company’s, a sponsor’s or other third parties’ use of PII about you.  To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.

(ix) Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.

(x)  Third Party Service Providers. We work with third parties (and, in some cases, our Affiliates), who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature.  We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share PII about you with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).

(xi) Assignment. We reserve the right to transfer any and all information that we collect from Website users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

(xii) Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions; (e) to protect our operations or those of any Affiliates or our artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliates, our artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose.  In addition, we reserve the right to share such Non‑PII, which does not personally identify you, with Affiliates and other third parties, for any purpose.

In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location).  If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above).

3. Other Important Notices Regarding Our Privacy Practices.

(a) Information Posted on the Website. Company may make available through the Website services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials (including photographs, videos and other content).  Please note that any information or materials that you disclose through such services or otherwise on the Website becomes public information, and may be available to Website visitors and to the general public; moreover, such information and materials, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience.  In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), may be available for other users to view.  Further, please note that, pursuant to the Terms of Use applicable to the Website, we retain certain rights in the information or materials that you post on the Website, and we may use and/or disclose such information or materials (including any PII included therein, if any) in accordance with the terms and conditions of our Terms of Use.  We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, on the Website.  WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PII THAT YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

(b) Third Party Websites. The Website may contain links to third party web sites.  These linked sites (including without limitation the web sites of Affiliates) are not under Company’s control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site.  We provide such links only as a convenience, and the inclusion of a link on the Website does not imply endorsement of, or our affiliation with any provider of, the linked site by Company, Artist(s) or any Affiliates.  If you provide any PII through any such third party web site, your transaction will occur on such third party’s web site (not the Website) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party.  We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATES.

(c) Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Website.  Please note that these companies may use information (not including your name, address, email address or telephone number) about your visit to this Website in order to provide advertisements about goods and services that may be of interest to you.  In the course of serving advertisements to this Website, these companies may place or recognize a unique cookie on your browser.

(d) Security. We use reasonable organizational, technical and administrative measures to protect PII under our control.  Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Website or that is stored by us.  You acknowledge and agree that any information you transmit through the Website is so transmitted at your own risk.  If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 3.f (“Contacting Us,”) below.

(e)  Opt-Out. If you would prefer not to receive marketing-related e-mail messages from Company or any particular Affiliated Entity, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from Company or such Affiliated Entity, respectively.  Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, Company, Artist(s) or other Affiliates).

Additionally, if you would like to opt-out of receiving marketing-related e-mail messages from Artist(s) or other third parties with whom we have shared PII about you hereunder, please utilize any opt-out mechanisms set forth in such third parties’ or Artist(s) marketing-related e-mail messages and/or privacy policies, if any.

(f)  Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at info@xjapanmusic.com.

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