(Last updated July 1, 2011)
Welcome to SL8 Records, Inc. (“SL8”) Web sites, which includes but is not limited to ScarlettRabe.com (the “Site”). The Site is provided as a service to our customers and fans. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.If you do not unconditionally agree to the Agreement, you will not be authorized to use the website or any services. Occasionally, in our sole discretion, by posting or by sending you a notice, SL8 may publish additional rules and policies regarding the Agreement, modify or discontinue portions of the Agreement for a particular artist or all of the artists, or change these fan terms and/or our price list. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Site following the posting or notification of any such changes constitutes your acceptance of those changes.
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FAN SERVICES & FAN TERMS
We are dedicated to helping Scarlett Rabe and other artists make their content (audio, video, images, etc.) available to their fans through the Site. Each Artist provides its own benefits, products and services through SL8, so the benefits, products and services offered to you for one Artist are distinct from those offered by a different Artist. An Artist may also provide its own terms and conditions regarding its products and services, but if there is any conflict, this Agreement shall prevail.
Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of ScarlettRabe.com (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
The Site may permit you to link to other websites on the Internet, and other websites may contain links. Those other websites are not under SL8′s control, so you use them at your own risk and SL8 is not responsible or liable for any aspect of such websites or any damage or loss alleged to be caused by, or in connection with, such websites.
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REGISTRATION
Some of the features of the Site may require you to register with SL8 and select an appropriate password and screen name (“ScarlettRabe.com User ID”). SL8 may refuse to register and may cancel a SL8 User ID at any time. You are solely responsible for all activity that occurs on your account and for maintaining the confidentiality of your password. You must immediately notify us (info@scarlettrabe.com) of any security breach, such as unauthorized use of your account.
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ELIGIBLITY FOR REGISTRATION
SL8 does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to SL8. If we believe or determine that you are under 13, we will terminate your right to access any part of this website that require registration and delete your personal information. This provision and the right to access to the Site is void where prohibited by law.
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COSTS
You must pay for all items purchased by you using the Site. Artists may offer some products or services for free and others for a fee. Also, Artists may change the price of their products and other offerings at any time. You must read and comply with the instructions and restrictions explicitly stated during the checkout process for any product you order through the Site. The delivery times specified in the checkout process are estimates only. If you do not receive a product you ordered through the Site, please contact customer support (info@scarlettrabe.com) with your request and proof of your receipt. If approved by SL8, you will be credited for the product that you did not receive. SL8 will work with the applicable Artist who sold you such product to try to remedy the situation, however, the applicable Artist (not SL8) is solely responsible for fulfilling such orders. All Sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact us at info@scarlettrabe.com. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Site without notice.
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RULES AND RESTRICTIONS
You shall not (and shall not authorize any third party to) take any action or use, submit or distribute any text, media, materials, User Submissions (as defined below), or other content (collectively “Content”) on or through the Site that infringes any third-party intellectual property or other right; is unlawful, threatening, harassing, defamatory, obscene or offensive; constitutes unauthorized or unsolicited advertising, crawling, spidering, or spamming; or interferes with or manipulates the Site, SL8′s or any Artist’s billing process, security, infrastructure, access restrictions, price or offering. You shall not: (i) decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Fan Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) use or otherwise transfer any of the rights that you receive for the benefit of a third party. You shall abide by all applicable local, state, national and international laws and regulations, and all notices and restrictions contained in any content accessed through the Site. You may, to the extent the Site expressly authorizes you to do so, download or copy the content displayed on the Site for download, for personal use only, provided that you maintain all notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited. You represent, warrant and agree that you will purchase Digital Content only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this section. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content; you agree that you will not otherwise redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
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TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
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SITE CONTENTS
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by SL8 RECORDS, SCARLETT RABE, SCARLETT RABE.COM or SCARLETT PRODUCTIONS and are the trademarks of SL8 Records, Inc. or Scarlett Productions, LLC and/or their subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
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USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
SL8 is pleased to hear from users and welcomes your comments regarding our products and services. SL8′s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SL8 or its Artists might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries or music) or without out a request from us you send music, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that SL8 may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to SL8. SL8 is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. SL8 has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SL8 or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. SL8 takes no responsibility and assumes no liability for any Comments posted by your or any third party.
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PRODUCT INFORMATION
Many products displayed on the Sites might be available in stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
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ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
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COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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WARRANTY DISCLAIMER
The Site and Digital Content are provided “As Is” and “As Available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or that the Site will be uninterrupted or error-free. SL8 expressly disclaims any duty to update or revise the materials on the Sites, although SL8 may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. SL8 shall not be liable for any damages of any kind related to your use of the Sites.
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INDEMNIFICATION
You shall indemnify and hold harmless SL8, its affiliates and their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys’ fees, that arise from or relate to your (i) User Submissions, (ii) violation of third party intellectual property or other rights, (iii) violation of applicable laws, rules or regulations, (iv) your use of the Site. SL8 shall have the option to assume the exclusive defense and control of any action to which it is a party and you shall assist SL8 in asserting any available defenses.
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LIMITATION OF LIABILITY
SL8 is not responsible for any users’ actions or User Submissions. In no event shall SL8, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site or any other subject matter of this Agreement (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, consequential damages of any kind whatsoever, or substitute goods or services, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00), or (iv) for any matter beyond its reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
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RESERVATION OF RIGHTS
Except for the rights explicitly and unambiguously granted to you in the Agreement all right, title, and interest in the Site and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading the Digital Content.
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DISPUTE RESOLUTION
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and SL8 agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to SL8 Records at: SL8 Records Legal Department, 2800 Neilson Way, Suite 1116, Santa Monica, CA 90405, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and SL8 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
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CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of SL8′s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
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THIRD PARTY BENEFICIARIES
Digital Content copyright owners are intended beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights hereunder including limitations of liability.
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CONTACT INFORMATION
For communications concerning the Fan Terms, please contact us at: info@scarlettrabe.com
(Last updated July 1, 2011)
SL8 Records, Inc. (“SL8″) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting the SL8 managed domains (currently including scarlettrabe.com) and websites or domain name, features, content, widgets, or application services offered from time to time by SL8 in connection therewith (collectively, the “Site”), submitting information, or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.
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COVERAGE
This Privacy Policy covers SL8′s treatment of personally identifiable information (“Personal Information”) that SL8 gathers when you are accessing the Site and when you use SL8 services. Also, this Privacy Policy covers SL8′s treatment of certain non-personally identifiable information about you and any Personal Information that SL8′s business partners share with SL8. This policy does not apply to the practices of third parties that SL8 does not own or control, or to individuals that SL8 does not employ or manage.
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INFORMATION COLLECTED
The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users and/or the Site. In connection with the Site, we may request and display some personal information to other users and visitors of Site, which allows users to identify each other. We collect the following types of information from our customers.
Personal Information You Provide:
We receive and store any information you enter on our Site or provide to us in any other way. The types of Personal Information collected include, without limitation, your full name, email address, IP address, browser information, password, contact information, phone number, credit card or bank account information, PayPal or other payment processor credentials, transactional information based on your activities on the Site, and media consumed on the Site including, but not limited to, media viewed, played, downloaded, uploaded, and shared. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for purposes such as responding to your requests for certain products and services, allowing you to interact with other users, customizing the advertising and content you see, and communicating with you about specials, sales offers, and new features.
Personal Information Collected Automatically:
We can receive and store certain types of information whenever you interact with our Website or services. SL8 can automatically receive and record information on our server logs from your browser including your IP address, cookie information, the page you requested, and the media you have consumed (e.g., viewed, played, downloaded, uploaded, and shared).
This type of data enables us to figure out how often customers use parts of the Site or services so that we can make the Site appealing to as many customers as possible, and improve those services. As part of this use of information, (i) we may provide information to the content owners and artists that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), and (ii) we may provide aggregate information to our partners about how our customers, collectively, use our Site (e.g., we share this type of statistical data so that our partners also understand how often people use their services and our Site, so that they, too, may provide you with an optimal online experience).
Communications:
SL8 provides a marketing tool via the Site to allow artists and their representatives to market and distribute their media directly to users of the Site through e-mail, phone/voicemail and other forms of communication. If you are a fan of Scarlett Rabe and want to subscribe or join Club Scar, you can do so by entering your email address on our Site. We often receive a confirmation when you access a message from the Site. SL8 uses this confirmation to improve the effectiveness of the marketing. If you do not want to receive communications from us, please notify us at info@ScarlettRabe.com. Note however that you cannot unsubscribe from some administrative emails, such as order or shipment confirmations.
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CHILDREN’S DATA
Our Sites may be reasonably attractive to children. We do not intend to collect personal information from children under the age of 13, and if we find out we have collected this information, we will dispose of it immediately. Additionally, when our artists are aware that their music and other content may be reasonably attractive to children, we provide them with tools to ask for a user’s date of birth and prevent the collection of personal information from children under 13.
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WIDGETS
Our Site and data collection devices include “Widgets,” which are interactive mini-programs that run on our Sites to provide specific services from the artist (e.g. trading an email for a free song, purchasing an album, playing music, etc.). Personal information, such as your email address, may be collected through the Widget, which will subscribe you to a newsletter or require membership in Club Scar in exchange for a free song. Cookies may also be set by the Widget to enable it to function properly. Our Widgets collect the same personal information that may be collected by the Site, as described above.
Some of our Widgets have an “Email a friend” feature. If you choose to use our referral service to tell a friend about an artist, we will ask you for your friend’s email address. The Widget will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Our Widgets also have a “share” feature. If you choose to use our share service to repost a Widget on another website, the third party website will request your login credentials (such as on Facebook). The Widget will then automatically post the Widget on that website, which is governed by the third party website’s privacy policy.
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FORUMS
If you use a bulletin board, blog, or chat room on this Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
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COOKIES
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Site’s most attractive features.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or hashed (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies.
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INFORMATION SHARING
Personal Information about our customers and fans is an integral part of our business. We neither rent nor sell your Personal Information to other people or nonaffiliated companies. We may share your Personal Information when we have your permission, and we may share your Personal Information under the following circumstances:
Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through the Site, for example, the bands, musicians and other artists from which you purchase or use products or services through the Site. In other situations, SL8 provides services, or sells products jointly with affiliated businesses. Usually, you will be able to easily recognize when an affiliated business is associated with your transaction. We will share Personal Information with that affiliated business.
Agents: We employ other companies and people to perform tasks on our behalf relating to the services we provide. Examples of such information include, without limitation, fulfilling orders, delivering packages, sending postal mail and email, analyzing and gathering data, processing credit card information and providing customer service. By using our services, you consent to our sharing of Personal Information for the above purposes. Use by such service providers of personal information is governed by their privacy policies.
User Profiles: User profile information including users’ name, email address, contact information, and other information you provide (“User Submissions”) may be displayed to artists to facilitate direct communication between the artists and users. SL8 artists and their colleagues can see this third party personal information when they use their portal. User profiles may be created by combining your information with other sources of information such as information obtained from public databases. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Do not disclose your password to anyone. If you share your password or your Personal Information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify SL8 at info@scarlettrabe.com and change your password.
Aggregated Information. We may share aggregated information that includes your Personal Information, non-personally identifying information and log data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services.
Business Transfers: If SL8, or substantially all of its business or assets, was acquired, or in the unlikely event that SL8 goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge that such transfers may occur in any of these circumstances, and that any acquirer or successor of SL8 may continue to use your Personal Information as set forth in this policy.
Protection of SL8 and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of SL8, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth herein, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
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SECURITY
Your SL8 account Personal Information may be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The security of your personal information is important to us. If you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). This security also applies to sensitive information collected on our Widgets.
The Website contains links to other sites. SL8 is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.
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CHOICE
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain SL8 features.
You are able to add or update certain information on pages. When you update information, however, we may maintain a copy of the unrevised information in our records.
If you do not wish to receive promotional email from SL8, Scarlett Rabe, or other artists, please click the unsubscribe link or notify us at info@scarlettrabe.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Site, and you are responsible for reviewing such legal notices for changes. As stated above, you cannot opt-out of some administrative emails.
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CHANGES TO THIS PRIVACY POLICY
SL8 may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on the homepage of our Website or sending you an email. Users are bound by any changes to the Privacy Policy when they use the Website after such changes have been first posted.
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QUESTIONS OR CONCERNS
If you have any questions or concerns regarding privacy at SL8, please contact us at SL8 Records, Inc., 2800 Neilson Way, Suite 1116, Santa Monica, CA 90405 or send us a detailed email to info@ScarlettRabe.com. We will make every effort to resolve your concerns.










