• #YoshikiNYC Photo Contest!

    Get close to Yoshiki as he prepares for the #YoshikiClassical special at Carnegie Hall! Upload your photo with Yoshiki's poster with the hashtag #yoshikiNYC to Instagram! (Find him at the New York subway station on 57th St. and 6th Ave. until Nov. 6)

    The most original, exciting photo will receive a Yoshiki Classical poster autographed by Yoshiki! (see below for details) Yoshiki will choose his favorite photo and the winner will receive a replica of the poster personally autographed by Yoshiki. (Prize will be a copy of the poster currently on display.)

    Photos must be uploaded to Instagram by November 13, 2016, 11:59pm PST. Contest entries must use the hashtag #yoshikiNYC to be eligible to win. Entries are limited to one photo per account. Multiple entries will be disqualified.
     
    Contest is in no way sponsored, endorsed, administered by, or associated with Instagram. Contest is open to all fans worldwide. Entrants must be at least 18 years of age or older. 
     
  • PARTICIPATION AGREEMENT

    This Agreement consists of the following:

  • A. Terms and Conditions of Use
  • B. Privacy Policy
  • C. DMCA Policy
  • D. Creative Community Rules
  • A. TERMS AND CONDITIONS OF USE (“TERMS”)

     

    These Terms were last modified October 25, 2016.

    1. About Us

    YSK ENTERTAINMENT, INC., and its related companies, affiliates, assigns, subsidiaries, designees and licensees (collectively, "Company" and/or “we” and/or “us”) utilize our own landing page(s), social media and websites (individually and collectively, “Digital Media”). We may also use third party sites, service providers and vendors (some of which provide or utilize enabled applications, plugins, page apps, other apps, software, products and services) without limitation, Woobox, Facebook, Instagram, Google and other third party social media (individually and collectively, a “third party”), to enable Company to operate contests, promotion, surveys, polls, and other market data gathering activities (individually and collectively, “Promotion”). The Promotion is designed to allow Company to gather personally identifiable information from Users who choose to enter a particular Promotion together with anonymous data regarding the Promotion itself. This data is gathered for use for Company for various marketing purposes, including targeted marketing of its products and/or services. Company takes its privacy obligations very seriously to the people who participate in Company’s Promotion and/or visit and/or use Company Digital Media and Content (“you” or “User”). Company complies with various state, federal and international privacy policies. To learn about Company's privacy policy, please review the Privacy Policy set forth in Section B of this Agreement.

    2. Data Usage

    To the extent Company (including, via any third party) collects personally identifiable information, it does so solely for the use of Company and the administration of the Promotion. Company limits access to all personally identifiable information gathered within its organization and data is never shared outside of the company, with the exception of the Promotion in which you decide to participate, or in order to comply with governmental or legal requests. Company may contact you in connection with the Promotion if you use your personally identifiable information collected from past Promotion when you access future Promotion or utilize Digital Media. You may also grant Company permissions within Facebook applications running on our platform that allow us to share your activity within our applications on the Facebook platform and post on your behalf. These permissions may or may not be required for you to participate in certain Promotion and you may revoke these permissions at any time in your Facebook privacy settings. You may request that your collected personally identifiable information be deleted from Company systems at any time by sending your request to ycontest2016@gmail.com

    3. Your Acceptance of the “Terms and Conditions of Use”

    By visiting and/or using the Digital Media, Content and/or participating in any Promotion, you hereby acknowledge and signify that you have read, understand and agree to be bound by these Terms, which are sometimes also referred to as the “Agreement.” These Terms and Conditions of Use form a legally binding Agreement between you and Company in relation to your use of the Digital Media, the Material and the Promotion. It is important that you take the time to read this Agreement carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from utilizing the Digital Media under the laws of the United States or other countries including the country in which you are resident or from which you use the Digital Media, then you may not use the Digital Media or participate in any Promotion or use the Material and may not accept this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without further notice. If we do this, we will post changes to these Terms and Conditions of Use. Your continued use of the Digital Media, the Promotion and/or Material after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by these or any future Terms and Conditions of Use, please do not use or access the Digital Media, the Promotion or the Material. It is your responsibility to regularly review these Terms and Conditions of Use.

    4. Company and Third Parties

    4.1 These Terms and Conditions of Use apply to all Users who use Company’s Digital Media, including users who are also contributors of user submitted content, information, and other materials or services on the Digital Media.

    4.2 Third Parties. Digital Media, Promotion, Content, User Submissions and other content may contain links to Company and/or third party websites and/or vendors that are not owned or controlled by Company and, in order to access some features of the Promotion which are provided by, with or through a third party, you may have to create an account with such third party and/or enter into a separate commercial relationship with such third party. Company has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party websites, content, products or services. In addition, Company is not able to censor or edit the content of any third party website or service, and its ability to control the content of a third party’s website is limited by the terms of our agreement with that third party. While Company requests third parties to comply with Federal Trade Commission rules and regulations for advertising and marketing on the Internet and other state and federal laws, as a practical matter, Company has no independent means to verify such compliance. You expressly relieve Company from any and all liability arising from your use of any third party website, service, product or content. Accordingly, we encourage you to be aware when you access some features of a website, product, content or services which are provided by, with or through a third party, to read the respective terms of use and privacy policy of each third party's website and service that you access.

    4.3 Company may distribute Promotion (and other media utilizing tools/services offered by third parties) on or via the Digital Media and Users may enter or engage with such Digital Media and Promotion. If you are a User, you acknowledge to Company, that you understand that a third party may be responsible for promotion and media distributed through Company’s Digital Media and for ensuring that such promotion via Digital Media comply with all applicable laws, rules, and regulations. If you enter an Company Promotion, you should carefully review the official rules of the Promotion including any applicable privacy policy, DMCA rules, community rules, these Terms and Conditions of Use, and any additional information links provided, including the third party’s terms of use and privacy policy, without limitation. You are required to agree to the Company Official Rules including all linked terms, conditions, and policies before entering any Promotion. You acknowledge that Company is not responsible or liable for the failure of any third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any Promotion. You acknowledge and agree that Company does not sponsor, administer or endorse any third party, and is therefore not liable for the content of any promotion or media distributed through the third party or for any activity of any third party. Company or a third party may require you to provide personally identifiable information in order to participate in certain promotion. In the event that you choose to provide personally identifiable information to Company or a third party, you acknowledge and agree that Company may also use any information you provide consistent with Company's Privacy Policy and these Terms and Conditions of Use. You acknowledge and agree that Company is not responsible or liable for any third party use or distribution of information you provide to any third party. Please see each third party’s rules, terms of use and privacy policy for details on how each third party uses your personal information. You further agree to hold harmless Company and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, attorneys, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of Digital Media, Material, Promotion and User Submissions. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of Content, User Submissions and/or other content, your participation in the Promotion and your use of Digital Media.

    5. Digital Media Access

    5.1 Company hereby grants you permission to use Digital Media as set forth in this Terms and Conditions of Use, provided that: (a) your use of the Digital Media as permitted is solely for your own use and not for any other purpose; (b) you will not copy or distribute the Digital Media or Material in any medium without Company's prior written authorization or except as otherwise authorized by Company; (c) you will not alter or modify any part of the Digital Media other than as may be reasonably necessary to use the Digital Media for its intended purpose; and (d) you will otherwise comply with the these Terms and Conditions of Use.

    5.2 In order to access some features of the Digital Media, you may have to create an account with Company and/or a third party and/or enter into a separate commercial relationship with one or more third parties. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Digital Media to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company and/or the respective third party, as the case may be, immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to Company if your account is used in violation of these Terms and Conditions of Use.

    5.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Digital Media or Promotion. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from Company's Digital Media for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Digital Media, nor to use the communication systems provided by the Digital Media for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Digital Media with respect to their User Submissions (as defined below).

    6. Intellectual Property Rights

    6.1 The content on the Digital Media, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, designs, images, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are either owned by or licensed to Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content and Marks are collectively referred to herein as “Material”. The Material on the Digital Media is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the Digital Media and the Material. You agree to not engage in the use, copying, or distribution of any of the Material other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Digital Media for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Digital Media or features that prevent or restrict use of copying of any Material or enforce limitations on use of the Digital Media or the Material therein. The use of any of our Materials without our express written consent is strictly prohibited. You may not use our Marks in connection with any product or service in any way that is likely to cause confusion. You may not use our Marks in any manner that disparages or discredits us. You may not use any of our Marks in meta tags without prior explicit consent.

    6.2 Company respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content contained in your User Submission and posted to the Service does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. It is important that you understand that you are in the best position to know if the content you post is legally allowed. Take the trouble to review web resources devoted to providing information about copyright and fair use. If in doubt, leave it out. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.

    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

    (a) the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

    (c) a description of where the material that you claim is infringing is located on the Digital Media;

    (d) your address, telephone number, and email address;

    (e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Notice of claims of copyright or other intellectual property infringement can be made as follows:

    By mail:

    Copyright Agent

    C/o YSK Entertainment, Inc.

    169 Pier Avenue  Santa Monica, California 90405


    By email: ycontest2016@gmail.com

    6.3 Company (and/or third party) proprietary Promotion technology has the ability to collect data other than personally identifiable information for various kinds of Promotion it operates online. Company (and/or a third party) may collect information about your computer configuration, such as your browser type, operating system, or ISP domain name. Company (and/or a third party) may collect information about the site you last visited prior to the Promotion and/or about your activity during your use of the Digital Media, Promotion and/or Material. This information may be used by Company (and/or a third party) to administer the technical and operational aspects of the Digital Media, and may include using your IP address to help diagnose problems with our server. Your IP address may also be used to gather broad demographic information for aggregate use. Company (and/or a third party) may use a cookie, a piece of data stored on the User's hard drive containing information about the User, to assist in performing some or all of these activities and also to limit your ability to play a Promotion more times than allowed, if such a restriction applies. You can set your browser to accept all, some, or no cookies. If you set your browser to reject all cookies, you may be limited in your ability to access some, or all aspects of a particular Promotion. By using Company Digital Media or entering a Promotion on Digital Media, you are authorizing this data gathering activity.

    7. User Submissions

    7.1 The Digital Media supports the submission by you and other users of content, which may include videos, text, graphics, art, designs, pictures, photos and/or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality or protection of your User Submissions against use by third parties with respect to any of your User Submissions.

    7.2 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 warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company 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 Digital Media, the Promotion and these Terms and Conditions of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of each User Submission in the manner contemplated by the Digital Media, the Promotion and these Terms and Conditions of Use. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicenseable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, edit, reformat, publicly display, transmit and publicly perform the User Submissions in connection with the Digital Media and Company's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the User Submission(s) (and derivative works thereof) in Digital Media and in any media formats and through any media channels, without limitation. You also hereby grant each user of the Digital Media a non-exclusive license to access your User Submissions through the Digital Media, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Digital Media and pursuant to these Terms and Conditions of Use.

    7.3 In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, 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 Company all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Company or any party, person or entity; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates Company's Acceptable Use Policy; (g) or impersonate another person. Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on the Digital Media or in connection with the Promotion, and Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. You acknowledge that Company (and its designees) shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. Company also reserves the right to terminate a User's access to the Digital Media and Promotion, if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Digital Media and/or the Promotion more than twice. Company also reserves the right, in its sole discretion, to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography and/or obscene, defamatory, and/or offensive material, or excessive length. Company may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions of Use at any time, without prior notice and at its sole discretion.

    7.4 You understand that when using the Digital Media, the Content and/or the Promotion, you will be exposed to User Submissions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its owners/operators, affiliates, and/or licensors and/or licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Digital Media, Content and Promotion.

    8. Warranty Disclaimer

    THE DIGITAL MEDIA, THE CONTENT AND THE PROMOTION PROVIDED BY COMPANY ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES FROM COMPANY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT DIGITAL MEDIA, PROMOTION OR MATERIAL IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SOCIAL MEDIA OR THE MATERIAL OR ANY PORTION THEREOF. While Company attempts to make your access to and use of the Digital Media, Promotion and/or Content safe, Company does not represent or warrant that the Digital Media, the Promotion and/or Material are free of bugs, viruses, Trojan horses, or other harmful components which may be transmitted to or through the Digital Media, the Promotion and/or the Material.

    9. Limitation of Liability

    YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST YSK ENTERTAINMENT, INC., ITS AFFILIATES OR SUBSIDIARIES, IT’S THIRD PARTY SERVICE PROVIDERS, CONTRACTORS, ADVERTISERS, VENDORS OR PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, ATTORNEYS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE DIGITAL MEDIA, THE PROMOTION AND/OR THE MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS AGAINST COMPANY AND ANY RELEASED PARTY; AND YOU HEREBY INDEMNIFY, DEFEND OR HOLD HARMLESS YSK ENTERTAINMENT, INC. AND THE RELEASED PARTIES FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE DIGITAL MEDIA, PROMOTION AND/OR MATERIAL. YOU USE THE DIGITAL MEDIA, THE PROMOTION AND THE MATERIAL AT YOUR OWN RISK. Without limitation of the foregoing, to the full extent as permitted under law, neither Company nor any Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Digital Media, the Promotion and/or the Material, including without limitation any damages caused by or resulting from your reliance on the Digital Media, the Promotion and/or the Material or other information obtained from Company or any other Released Party or accessible via the Digital Media, the Promotion and/or the Material, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Company or any other Released Party's records, programs or services.

    10. Applicable Law, Venue, Personal Jurisdiction

     

    PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

     

    10.1    The Digital Media is controlled by YSK Entertainment, Inc. and operated from its offices in Los Angeles, in the state of California in the United States, and as such the laws of the state of California will govern this Agreement, without giving effect to any principles of conflicts of laws.

    10.2    You and Company both benefit from establishing a predictable legal environment in regard to the Digital Media, the Promotion, the Material and the User Submissions. Therefore, you and Company explicitly agree that all disputes, claims or other matters arising from or relating to the Terms, the User Submissions and your use of the Digital Media, the Promotion and/or the Material will be governed by the laws of the State of California and the federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    10.3    Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Digital Media, the Promotion and/or Material; (c) oral or written statements, advertisements or promotion relating to these Terms, Digital Media, the Promotion and/or Material; or (d) the relationships that result from these Terms, the Digital Media, Promotion and/or Material (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This Agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to promotion or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement.

    10.4    Any dispute relating in any way to your use of Digital Media, the Promotion, the Material and/or the User Submissions shall be submitted to confidential arbitration in Los Angeles in the State of California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles, California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Digital Media, the Promotion, the Material and/or the User Submissions or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

    10.5    Those who access or use the Digital Media, the Promotion, the Material and/or the User Submissions from foreign jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that foreign jurisdiction, including, but not limited to those related to participating in contests, drawings or other forms of promotion found on websites and other digital media.

    11. Termination/Modification

    Notwithstanding any provision of these Terms, Company reserves the right, without notice and in its sole discretion, without any notice or liability to you, to: (a) terminate your right to use or access the Digital Media, the Promotion and/or Material or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Digital Media, the Promotion and/or Material; (c) change, suspend or discontinue any aspect of the Digital Media, the Promotion and/or Material; and (d) impose limits on the Digital Media, the Promotion and/or Material.

    12. General Terms

    12.1 Notification Procedures and changes to these Terms. Company and/or a third party may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notification, written or hard copy notice, or through posting of such notice on our Digital Media, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the top of this page. Your continued use of the Digital Media, the Promotion and/or Material after any such change constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to any of these Terms or to any future Terms and Conditions of Use, do not use or access (or continue to access) the Digital Media, the Promotion and/or Material. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

    12.2 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    12.3 Export Control. Any software or technology obtained from Company through the Digital Media and/or the Promotion, including mobile software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Company may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.

    12.4 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Digital Media, the Promotion and/or Material, shall constitute the entire agreement between you and Company concerning the Digital Media, the Promotion and/or Material. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

    12.5 No Waiver. No waiver of any term, rights and/or remedies of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right, remedy or provision.

    12.6 Contact. Please contact us at ycontest2016@gmail.com with any questions regarding these Terms.

     

    B. OUR PRIVACY POLICY

     

    This policy was last modified October 25, 2016.

     

    Our Commitment To Privacy

     

    Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our “Digital Media” (as defined in our Terms and Conditions of Use).

     

    This privacy notice applies solely to information collected by us via Digital Media. It will notify you of what personally identifiable information is collected from you through the Digital Media, how it is used and with whom it may be shared and what choices are available to you regarding the use of your data.

     

    Information We Collect and How We Use It

     

    In order to provide services to you, we may collect the following types of information via Digital Media in order to help facilitate “Promotions” (as defined in our Terms and Conditions of Use) as set forth herein.

     

    • Information you provide - When you sign up for an account, write reviews, contact us or use other services via Digital Media that require input, we may store and save the information you provide. This information may include personally identifiable information such as your name, postal address, email address, etc. Some of this information, such as reviews, is made publicly available for other users of our Digital Media.
    • Cookies - We may use "cookies" on this Digital Media. When you use access files on the Digital Media, one or more cookies may be sent and stored on your computer. A cookie is a piece of data stored on a Digital Media visitor's hard drive to help us improve your access to our Digital Media and identify repeat visitors to our Digital Media. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Digital Media. Cookies can also enable us to track and target the interests of our Users to enhance the experience on our Digital Media. Usage of a cookie is in no way linked to any personally identifiable information on our Digital Media.   Some of our business partners may use cookies on our Digital Media (for example, advertisers and third party sites and social media, such as Facebook, Twitter, Instagram, Google, etc.). However, we have no access to or control over these third party cookies.
    • Log information - All information sent by your web browser and computer when you visit the Digital Media may be stored by our servers. This information may include your IP address, browser type, URL accessed, cookie information, the date and time of your request, and other information that may uniquely identify you.

     

    Choices For Personal Information

     

    You can choose to limit the storage of cookies on your computer when accessing the Digital Media. Limiting or prohibiting cookies from being stored on your computer may however affect the usability of the Digital Media services.

     

    Our Commitment To Data Security

    To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. When you submit sensitive information via the Digital Media, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data, if any), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, fulfillment, shipping or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

    Our Commitment To Children's Privacy

     

    Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our Digital Media is structured to attract anyone under 18.

     

    Our Commitment to the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks For European Union and Swiss Residents.

     

    If you choose to provide us with your Personal Information, you consent to the transfer and storage of that information on our servers located in the United States. YSK Entertainment, Inc. adheres to the US-EU Safe Harbor and US-Swiss Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce's Safe Harbor Program http://www.export.gov/safeharbor Any questions or concerns regarding the use or disclosure of your information should be directed to YSK Entertainment, Inc. by e-mailing us at support at ycontest2016@gmail.com. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy. European Union and Swiss Residents, if your complaints cannot be resolved, we have agreed to participate in the dispute resolution procedures of the panel established by the European Union data protection authorities (DPAs) to resolve disputes pursuant to the Safe Harbor Privacy Principles, and to cooperate and comply with the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland. The EU DPA panel may be contacted at ec-dppanel-secr@ec.europa.eu and the EU DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm. The contact information for the Swiss FDPIC can be found at: http://www.edoeb.admin.ch/kontakt/index.html?lang=en.

    Your Access to and Control Over Information

    You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address set forth herein: ycontest2016@gmail.com

    • See what data we have about you.
    • Change/correct any data we have about you.
    • Have us delete any data we have about you.
    • Express any concern you have about other questions or concerns about our use of your data.

    We may decline to process requests that we find are unreasonable. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

     

    Changes To This Privacy Policy

     

    This privacy policy may change from time to time. We will post any changes to the privacy policy on this page.

    If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at ycontest2016@gmail.com

    Registration. In order to use this Digital Media, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services or Promotion on our Digital Media in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

    Information Collection, Sharing & Use

    We are the sole owners of the information collected on this Digital Media. We only have access to and/or collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone, except as otherwise specifically set forth herein. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary in order to help us determine which products and/or services you may be interested in. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Notwithstanding the foregoing, the information collected about you may be shared with certain third parties to facilitate the serving of advertising on third party websites. Some of these advertisers (such as Google through the Google AdSense program) may use technology such as cookies and web beacons and may collect additional information about you. We may work with third parties that provide applications that contain entry forms that collect information about you for our use. We may also make this information available to the third parties that facilitate, manage or handle fulfillment with respect to a campaign or Promotion running on Digital Media. This information can include any information you provide along with other personal information that we or a third party collects and that is accessible through permissions you grant to us and/or third party applications on Facebook, Twitter, Instagram and other platforms and third party sites and social media.

    Advertising/Retargeting

    Our Digital Media may use Google Analytics for Display Advertising. We may use Remarketing with Google Analytics to advertise online. Third party vendors, including Google, may show our ads on sites across the Internet. This site and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to the Digital Media including, third party websites. Visitors and Users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Google Ads Preferences Manager.

    Partners

    We share aggregated demographic information with our partners, service providers and advertisers. This is not linked to any personal information that can identify any individual person. We may use an outside marketing company to facilitate our promotions and to handle fulfillment of goods and services, if any. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond supporting our activities. We may partner with third parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

    Third Party Sites and Social Media

    Our Digital Media contains links to other third party sites and social media.   However, we have no control over said third party sites and social media. Please be aware that we are not responsible for the content or privacy practices of such other third party sites and social media. We strongly advise our Users to be aware when they leave our Digital Media and to read the privacy statements of any and all other third party sites and social media that collect personally identifiable information.


    Surveys & Contests. From time-to-time our Digital Media requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether (or not) to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Digital Media.

     

     C. DMCA POLICY 

    YSK Entertainment, Inc. (“Company”) respects the intellectual property of others and expects the users of our services to do the same. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement as straightforward as possible.

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via sites or services hosted or served by Company servers, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    2. Identification in sufficient detail of the copyrighted work claimed to have been infringed;
    3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material;
    4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number and e-mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    The above information must be submitted as a written notification that sets forth the elements listed above, to the following Designated Agent:

    Via Email: ycontest2016@gmail.com

    By Mail:

    Copyright Agent

    C/o YSK Entertainment, Inc.

    169 Pier Avenue 

    Santa Monica, California 90405

    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

    Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. Sec. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 

    D. CREATIVE COMMUNITY RULES

     

    Company’s Community Policy

    Company is open to creative people of all skill levels who love music and art. The Company community encourages learning, inspiration and growth. Our code of conduct for users is very simple:

     

    “Be Nice or Go Home”

     

    We want you to share your constructive criticism of others' work with comments and forum posts. But like in any online forum, you'll be asked to leave if you use abusive or inappropriate language or resort to personal attacks.

    • Don't be rude or condescending in your comments on others' work
    • Don't single out a particular user for repeated criticism
    • Don't publicly accuse another user of stealing your original work

    If you feel that a user is being unfairly critical or abusive, or in cases of possible plagiarism, please contact us directly and we'll review the issue.

     

    Contact us at: ycontest2016@gmail.com