Terms and Privacy

Copyright © 2020 Texas Pine Productions LLC, All rights reserved. Last Updated: December 30, 2020

Texas Pine Productions LLC

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Texas Pine Productions LLC (“Texas Pine Productions” or “Colleen McMillian”) provides music, music instruction, audio production, psychic arts and coaching services. The following Terms of Use outline your obligations when using Texas Pine Productions’ websites, mobile applications, and services. 

ACCEPTANCE OF TERMS

 Colleen McMillian and Texas Pine Productions LLC Internet site available at http://www.soundheals.love, the Sound Heals mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Colleen McMillian and Texas Pine Music social media and marketing (collectively, the “Sites and Services”) are owned and operated by Texas Pine Productions LLC and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES. “YOU” AND “YOUR” REFERS TO THE RECIPIENT OF THESE TERMS OF USE AND EACH AND EVERY OTHER PERSON OR ENTITY ACTING ON YOUR BEHALF OR AT YOUR DIRECTION, OR ON WHOSE DIRECTION YOU WERE ACTING, WITH REGARD TO THE MATTERS REFERRED TO HEREIN.

MODIFICATIONS OF TERMS OF USE 

Texas Pine Productions may, in their sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Colleen McMillian notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. 

YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE. 

USE OF THE SITE AND SERVICES 

Subject to full compliance with these Terms of Use, Texas Pine Productions grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Texas Pine Productions. Texas Pine Productions may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Texas Pine Productions shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

FOR ENTERTAINMENT ONLY 

THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE SERVICE. ALL PURCHASES USING CREDIT CARDS, DEBIT CARDS, PAYPAL ACCOUNT, OR OTHER PAYMENT MECHANISM SHALL ONLY BE MADE BY THE CARD OR ACCOUNT HOLDER. WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR SERVICE; HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH OUR SITES. The information provided by Colleen McMillian is provided “as is” without any representations or warranties, express or implied. Colleen makes no representations or warranties in relation to the information provided on this Site or provided through services. 

Privacy and Terms Statement 

This Privacy and Terms Statement governs the use of the services offered by Colleen McMillian,@soundheals.love and Texas Pine Productions LLC (the “Company”) at the Company’s website (www.soundheals.love) (the “Site”), These Terms of Service include: 
●     Your agreement that the Service is provided “as is” and without warranty. 
●     Your agreement that the Company has no liability regarding the Service; 
●     Your consent to release the Company from liability based on any and all claims; 
●     Your agreement to indemnify the Company from claims due to your use or inability to use the Service; 
●     Your consent that either party has the right to compel arbitration[CC2]  ; and 
●     Your consent that no claims can be adjudicated on a class basis. 

Service Only The Service is a platform for enabling connections between Users for the fulfillment of services, but Texas Pine Productions is not responsible for the performance, integrity, responsibility or any of the actions or omissions whatsoever of any Users. The Company makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the information requested and provided, whether in public, private, or offline interactions 
Opinion Only Texas Pine Productions does not warrant that: 
●         The information on the Site will be constantly available, or available at all; or 
●         The information on this Site is complete, true, accurate, up-to-date, or non-misleading. You must not rely on the information on this Site as an alternative to legal advice from your attorney or other professional legal services provider. Any advice received from the Service should not be construed as medical advice or opinion. This service is not a healthcare or counseling service and should not be viewed or used as such. If you have any concerns regarding your mental or physical well-being you should contact a healthcare professional immediately. 

E-mail and Phone YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL, PHONE NUMBER AND ALL APPLICABLE CONTACT INFORMATION AND SELF IDENTIFYING DETAILS FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR SERVICE.

USER CONDUCT 

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Texas Pine Productions. By way of example, and not as a limitation, you agree not to: 
1.    Violate these Terms of Use, other applicable agreement with Colleen McMillian or Texas Pine Productions LLC, and any applicable local, state, national or international law, and any rules and regulations having the force of law; 
2.    Use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; 
3.    Use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; 
4.    Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Colleen McMillian and Texas Pine Productions LLC, which consent may be withheld in our sole discretion; 
5.    Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services; 
6.    Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Colleen McMillian or Texas Pine Productions LLC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; 
7.    Knowingly provide or submit false or misleading information; 
8.    Use the Sites and Services if you are under the age of eighteen (18); 
9.    Take any action that would undermine the review and rating process under the Sites and Services; 
10.  Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services; 
11.  Use the Sites and Services in any way that could interfere with the rights of Colleen McMillian, Texas Pine Productions LLC, or the rights of other users of the Sites and Services; 
12. Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Colleen McMillian or Texas Pine Productions LLC by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; 
13. Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use; 
14. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; 
15. Access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or 
16. Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Colleen McMillian or Texas Pine Productions LLC, including any account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Colleen McMillian or Texas Pine Productions LLC and provided for by the Sites and Services.

SERVICES 

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. 

REGISTRATION INFORMATION 

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Texas Pine Productions with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

SUBMITTING CONTENT 

As a condition of submitting any Content or other materials to the Sites or Services, you agree that: 
1.    You grant to Texas Pine Productions LLC a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works. In the case of original works of art, music or other creative endeavors, this license will be limited to the terms agreed upon when you agree to share the work with Texas Pine Productions LLC or on the Sites or Services; 
2.    You grant to Texas Pine Productions LLC all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services; 
3.    You grant to Texas Pine Productions LLC all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party; 
4.    Your name and report information may be made available to the public; 
5.    You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Texas Pine Productions LLC, and others as described and otherwise contemplated in these Terms of Use; 
6.    You represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use; 
7.    You are solely responsible for your reviews and ratings; 
8.    Colleen McMillian and/or Texas Pine Productions LLC may, in its sole discretion, choose to remove or not to remove reviews and ratings once published; 
9.    You will not submit any reviews that may be considered by Colleen McMillian to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; 
10. All of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual; 11. All of your reviews and ratings will be accurate, honest, truthful, and complete in all respects; 
12. You do not work for, own any interest in or serve on the board of directors of, Texas Pine Productions LLC for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage) to Colleen McMillian or any of the Service Providers with which she partners, for which you submit reviews or ratings; 
13. You have not received any form of compensation to post reviews and ratings; 
14. You will submit thorough and thoughtful reviews of the Services you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review); 
15. You will not submit reviews that comment on other users or the reviews of other users; 
16. You will not submit reviews with hyperlinks; and 
17. The reviews and ratings that you provide do not reflect the views of Texas Pine Productions LLC, its officers, managers, owners, employees, agents, designees or other users.

PUBLICATION AND DISTRIBUTION OF CONTENT 

Texas Pine Productions does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Texas Pine Productions simply acts as a passive conduit and an interactive computer and digital service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Colleen McMillian does not control, and is not responsible for Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Artist Content. You further acknowledge that Texas Pine Productions LLC has no obligation to screen, preview, monitor or approve any Artist, Content or Artist Content, or Content posted or submitted by any other member or any Artist. However, Colleen McMillian reserves the right to review and delete any Content that, in their sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Colleen McMillian be liable in any way for any Content or Artist Content, including, but not limited to, any Content or Artist Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Artist Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Texas Pine Productions LLC relating to Artist, Content or Artist Content, and release Texas Pine Productions LLC from any and all liability for or relating to any Artist, Content or Artist Content. You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to colleen@soundheals.love. Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney. You agree that Texas Pine Productions may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Texas Pine Productions has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Texas Pine Productions has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

TERMINATION OF ACCESS 

Colleen McMillian may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Texas Pine Productions reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Texas Pine Productions may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Texas Pine Productions. All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS 

Texas Pine Productions, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Texas Pine Productions in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Texas Pine Productions and/or its licensors and are protected by all United States and international copyright laws.

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