The Coda Collection Terms and Conditions

Last updated: December 4, 2020

Thank you for using The Coda Collection. These Terms and Conditions (“Terms”) govern your receipt and use of the Services (defined below). If you do not agree to all of these Terms, you are not authorized to receive or use the Services.

IMPORTANT! - IF THERE IS A DISPUTE BETWEEN YOU AND US, THAT DISPUTE IS SUBJECT TO MANDATORY ARBITRATION RATHER THAN COURT PROCEEDINGS. THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU MAY NOT SEEK RELIEF IN A CLASS ACTION LAWSUIT. THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 12 AND 14 BELOW TO LEARN MORE.

1. The Services

Legacy Music Partners, LLC doing business as The Coda Collection (“Coda,” “we,” or “us”) provides an online video service that makes available a wide variety of audiovisual content about music and other topics (collectively, the “Content”). We also provide an e-commerce platform through which you can purchase merchandise (the “Store”). The online video service, the Content, the Store, the player for viewing the Content (the “Player”) and any other products, features, tools, materials, or other services (including third-party branded services) offered from time to time by Coda through a variety of Interfaces (defined below) are referred to collectively as the “Services.” The term “Interfaces” means, collectively, the codacollection.co website (together with any other website provided by us, the “Coda Site”), applications, and other places where any Services are available, including websites and applications of Coda’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Player.

You may access and use the Services so long as you are in compliance with these Terms, which incorporate by reference our Privacy Policy, available at codacollection.com/privacy-policy (“Privacy Policy”) and any end user license agreements that accompany the applicable Service.

By accessing or using any portion of the Services through any Interface (including by visiting the The Coda Collection Site or by downloading or launching any Coda-provided application), you accept and agree to these Terms. If you access or use the Services as part of or in connection with any third party services (including but not limited to Amazon Prime and Prime Video), your use of such third party services will be subject to terms and conditions applicable to that third party service.

The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with us or provide your personal information to us. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Coda, but only if you have the consent of your parent or guardian, including agreement to these Terms on your behalf, and for clarity, you may only modify an account, or associated profiles, with the consent of your parent or guardian. Please note that you must be at least 18 years of age in order to purchase certain Services.

2. Changes to These Terms

We are always looking for ways to improve the Services. We may need to alter or discontinue the Services, or certain parts of it, to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to the Services that will have an adverse impact on the use of the Services. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of the Services, prevent abuse, or comply with legal requirements.

3. Access and Use

The Coda Collection owns and retains all rights to the Services, and the Content is owned or controlled by Coda or Coda’s licensors. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws in jurisdictions around the world. The Coda Collection hereby grants to you a non-exclusive, non-sublicensable, non-transferable, limited license to access and use the Services, including accessing and viewing the Content on a streaming-only basis through the Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on whether and to what extent rights to such Content are available, and the terms of your subscription. The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials we make available to you.

4. Restrictions, Limitations and Requirements

  1. Restrictions and Limitations Generally. You agree to use the Services, including all features and functionalities associated therewith, only in accordance with all applicable laws, rules and regulations, or other applicable restrictions on use of the Services or Content. You agree to not, either directly or through the use of any automated technology, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices appearing within the Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including mechanisms such as virtual private networks that can be used to obscure or disguise your location when you access the Services. You agree that you will not, either directly or through the use of any automated technology, copy, record, download, screen capture, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, publicly perform, publicly display, license, create derivative works from, sell or offer for sale, transmit or retransmit any portion the Content, unless expressly permitted by the terms of your subscription or otherwise by The Coda Collection in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The Coda Collection.

  2. Content Quality. The quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, The Coda Collection is unable to make any warranties about the Content in these respects.

  3. Temporary Downloads. Depending on the Services to which you subscribe, you may have the option to temporarily download certain Content on certain Compatible Devices (defined below) so that you can watch it while you are offline (“Temporary Downloads”). Of course, there are some limitations that may change from time to time, including: (i) the maximum number of devices that can store Temporary Downloads; (ii) the maximum number of Temporary Downloads that can be stored across Compatible Devices at any given time; (iii) how long Temporary Downloads will remain available to you; and (iv) geographic and device restrictions on playback.

  4. Embedding. If we have incorporated an embed option in connection with Content on the Services, you may embed videos using the Player, provided you do not embed the Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third-party including intellectual property rights, or is otherwise inappropriate or objectionable to The Coda Collection. (in The Coda Collection’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Player into any hardware or software application, even for non-commercial purposes. The Coda Collection reserves the right to prevent embedding to any website or other location that The Coda Collection finds inappropriate or objectionable (as determined by The Coda Collection in its sole discretion).

  5. Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by Service, and may be subject to additional terms. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription. The number of simultaneous streams of Content that you can access varies by Service and may require device and account verification. You must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

  6. Acceptable Use. We value a civil and safe environment for use of the Services. With this in view, you agree that you will not use the Services in a way that:

    • violates the rights of others, including any intellectual property or other proprietary rights;

    • uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by The Coda Collection (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);

    • involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

    • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

    • damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including The Coda Collection’s servers, computer network, or user accounts;

    • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;

    • uses the Services to advertise or promote services that are not expressly approved in advance in writing by The Coda Collection;

    • collects information in violation of The Coda Collection’s Privacy Policy;

    • collects information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;

    • furthers any means of fraudulent activity, including identity theft;

    • encourages conduct that would constitute a criminal offense or give rise to civil liability;

    • violates these Terms or any of The Coda Collection’s guidelines or policies;

    • interferes with any other party’s use and enjoyment of the Services; or

    • attempts to do any of the foregoing.

    We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to The Coda Collection and that the amount of such harm would be extremely difficult to measure.

  7. Additional Software and Updates. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms. By using the Services, you agree to receive, without further notice or prompting, updated versions of the software used to provide the Services and related third-party software. If you do not accept the foregoing terms, please do not use the Services.

  8. Changes to the Services. We regularly make changes to the Services. The availability of the Content, as well as Interfaces and Compatible Devices through which the Services are available, will change from time to time. The Coda Collection reserves the right to replace or remove any Content and Interfaces available to you through the Services, and to otherwise make changes in how we operate the Services. Additionally, you agree that certain Content and functionality that may be available through one Interface or Compatible Device may not be available through another Interface or Compatible Device. We may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that we may do so in our sole discretion at any time without notice. You also agree that The Coda Collection will not be liable to you for any modification, suspension, or discontinuance of the Services in accordance with these Terms.

5. Subscriptions and Billing

We charge a fee to access and receive the Services. You may be billed for, or receive access to, the Services through a third-party (for example, Amazon Prime), in which case, your billing relationship will be directly with that third-party and additional terms may apply. The most recent version of the Amazon Prime and Prime Video Terms & Conditions and the documents incorporated therein, to the extent applicable to your receipt of the Services, are hereby incorporated by reference. If you want to cancel or modify your subscription or manage your billing, you will need to do so through your account with such third-party. The Coda Collection will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.

6. Accounts and Registration

When registering an account for the Services, you agree to provide only true, accurate, current and complete information requested in the registration form and to promptly update such information if it changes. You represent that you are not barred from using the Services under any applicable law and you agree that you will be responsible for all activities that occur under your account, including use of your account by other members of your household. You agree to monitor your account to take steps to restrict its use by unauthorized users and agree not to share your account or password with anyone outside of your household. You further agree to notify us immediately of any unauthorized use of your password or any other breach of the security of your account. You agree not to create an account using a false identity or alias, or if you previously have been banned from using any of the Services. We reserve the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your account and that all rights in and to your account are owned by and inure to the benefit of The Coda Collection.

7. Personal Information and Privacy

For information about our policies and practices regarding the collection and use of your information, please read our Privacy Policy available at [codacollection.co/privacy-policy]. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on The Coda Collection Site and use of the Services through any other Interface or Compatible Device are governed by The Coda Collection Privacy Policy in effect at the time of your use.

8. User Generated Content

  1. Rights Generally. The Services enable you to upload and post copyrightable materials such as comments, text, images, photos, and other information (collectively, the “User Generated Content”). You represent and warrant that (1) you are the rightful owner of the User Generated Content or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and (2) that such User Generated Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights. THE USER GENERATED CONTENT THAT YOU UPLOAD IS PUBLICLY AVAILABLE TO OTHER USERS; AND, THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.

  2. Your Responsibilities. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content. The Coda Collection will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content. You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in any country in which you are resident, or content which would be unlawful for The Coda Collection to use or possess in connection with the Services (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). Although The Coda Collection has no obligation to screen, edit or monitor any of the User Generated Content, The Coda Collection explicitly reserves the right, at its sole discretion, to remove, edit, or disable the access of, any User Generated Content available on the Services at any time without giving any prior notice and for any reason, and you are solely responsible for creating backup copies of your User Generated Content at your sole expense.

  3. Harmful Content and Limitations. The Coda Collection takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published or made available by you or any third party in the Services, or for any loss or damage thereto, nor is The Coda Collection liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter. The Coda Collection may create limits on the use of the Services, including limitation on size and storage space available for Users to upload User Generated Content.

  4. License to User Generated Content. As between the you and The Coda Collection, as long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the Services. When you upload, post, publish or make available any User Generated Content on the Services, you grant us a perpetual, non-exclusive, royalty-free, sublicensable and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content), store and use such User Generated Content, in connection with the Services, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving Coda’s services and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms. When you upload, post, publish or make available any User Generated Content, you grant to each user of the Services a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content through the Services.

  5. Archival Copies. Please note that when you delete User Generated Content, such removed content may persist in backup copies for a reasonable period of time (although it will not be available to other users).

9. Third Party Destinations

  1. Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that The Coda Collection operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not govern your use of another website or destination.

  2. The Coda Collection is not responsible for the content or practices of any website or destination other than The Coda Collection Site, even if it links to The Coda Collection Site and even if the website or destination is operated by a company affiliated or otherwise connected with The Coda Collection. By using the Services, you acknowledge and agree that The Coda Collection is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than The Coda Collection Site.

  3. Third-Party Advertisements and Services. The Coda Collection takes no responsibility for and does not endorse any third-party advertisements or any third-party material posted or available on any Interface where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that The Coda Collection is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, The Coda Collection is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

10. Trademarks

Coda, The Coda Connection, the Coda logo, and other Coda marks, graphics, logos, scripts, and sounds are trademarks of The Coda Collection. You may not use these marks in connection with any goods or services without Coda’s prior written consent.

11. Unsolicited Submissions; Feedback

It is our policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Coda’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Coda creative work, including a film, series, story, title, or concept, would be purely coincidental. Notwithstanding the foregoing, if you provide any input or feedback regarding the Services, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of a portion of the Services or another Coda site, service or product (“Feedback”). you acknowledge and agree that any Feedback will be considered Confidential Information of The Coda Collection and you hereby assigns to The Coda Collection all right, title and interest in and to such Feedback. The Coda Collection will be entitled to use Feedback for any purpose without restriction or remuneration to you of any kind.

12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE CODA SITE, THE CONTENT, THE PLAYER, THE STORE, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY INTERFACE OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE CODA COLLECTION DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL THE CODA COLLECTION OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “CODA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY INTERFACE OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE CODA COLECTION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO THE CODA COLLECTION OR A THIRD PARTY FOR ACCESS TO YOUR SUBSCRIPTION IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CODA COLLECTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE CODA COLLECTION RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

If you believe that any Content, User Generated Content, or other material provided through the Services, including through a link, infringes your copyright, you should notify The Coda Collection of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that The Coda Collection receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Coda’s copyright agent at dmca@codacollection.co (subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Attention: Copyright Agent

Legacy Music Partners, LLC

655 Deerfield Rd., Suite 139

Deerfield, Illinois 60015

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable The Coda Collection to identify and locate the material; (iv) how The Coda Collection can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@codacollection.co for purposes other than communication about copyright infringement may not be answered. The Coda Collection has a policy of terminating repeat infringers in appropriate circumstances.

14. ARBITRATION OF CLAIMS

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS IN IMPORTANT WAYS. If you have dispute with us, you agree to first discuss any issue informally with us for at least 60 days before commencing an arbitration proceeding. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Legacy Music Partners, LLC, 655 Deerfield Rd., Suite 139, Deerfield, Illinois 60015 Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for The Coda Collection.

If we do not reach an agreed upon solution after our discussions for at least 60 days, you and The Coda Collection agree that any and all claims, except disputes relating to the ownership or enforcement of intellectual property rights, that either of us may have, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Please note that YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. As an exception to this arbitration agreement, The Coda Collection is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction, whether or not you discussed with us informally first, as long as you proceed only on an individual basis.

YOU AND THE CODA COLLECTION AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, The Coda Collection, and any other parties to the arbitration or proceedings.

For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Chicago, Illinois. Rather than force everyone to visit us in Illinois, if you can demonstrate that arbitration in Illinois would create an undue burden to you, you are free to initiate the arbitration in your home state. It is important that you understand that the arbitrator’s decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this section shall be construed as consent by The Coda Collection to the jurisdiction of any other court with regard to disputes not covered by these Terms.

In accordance with the JAMS Rules, the party initiating the arbitration (either you or The Coda Collection) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (i) that award is greater than the amount of our last written settlement offer; or (ii) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.

15. Limitation of Time to Bring a Claim

To help resolve any issues between us promptly, you and The Coda Collection agree to bring any claim arising out of or relating to these Terms (including Coda’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

16. General Provisions

  1. International Use. We are a company based in the United States and offer our Services to users in the United States. Coda’s goal is to bring you as much Content as is legally available. But we are limited by the rights that our content programmers grant to us. Access to the Services from locations where The Coda Collection does not have rights, that are not permitted by the terms of your subscription, or where The Coda Collection does not make the Services available is prohibited.

  2. Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

  3. Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 14 is not applicable (e.g., when confirming an arbitration award), you and The Coda Collection agree to submit to the exclusive jurisdiction of the courts located in Cook County, Illinois.

  4. Coda’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if The Coda Collection acts in a way that appears to you to be inconsistent with these Terms, Coda’s action shall not be deemed a waiver or constructive amendment of these Terms.

  5. Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms, including Coda’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Services, constitute the entire legal agreement between you and The Coda Collection and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that The Coda Collection may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and The Coda Collection in relation to the Services. In the unlikely event that a customer service representative or material posted on The Coda Collection Site provides information that is inconsistent with these Terms, please be aware that these Terms will control. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

    From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on The Coda Collection Site and other Interfaces). You consent to receive electronic communications from The Coda Collection and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

  6. Survival. The provisions of these Terms which by their nature should survive cancellation or deletion of your account shall survive such cancellation or deletion.

17. The Coda Collection Community Guidelines

  1. Define the platform

    1. What is The Coda Collection?

      1. The Coda Collection is a multi-media company founded by a team of legendary musicians, music industry veterans, and entrepreneurs that enables fans to see the most iconic moments and artists in music with a new perspective. The Coda Collection breaks down into two key parts:

        1. A subscription Amazon Prime Video channel that will house an exclusive, curated selection of hundreds of the most powerful concerts, documentaries, and episodic series in music.

        2. Our web and apps that bring to life the context that surrounds each of the video titles on our platform.

    2. What are Collections?

      1. With The Coda Collection, we are not merely aggregating films that represent the most iconic moments in music. Rather we enlist prominent music writers to write something uniquely intriguing about that moment, that video, that artist. Think of these as the “Staff Picks” write ups that used to give personal and insightful takes into the books/albums that the staff of music/book stores used to recommend back in the day.

    3. How can I get involved with writing for Coda?

      1. If you’re interested in contributing to Coda, send over some examples of published work and your article ideas to editorial@codacollection.co. We unfortunately can’t respond to every inbound request, but we will be in touch if there’s an opportunity that’s right for you.

  2. Getting Started

    1. Create An Account

      1. When you arrive on our website, there will be an option for you to “Sign up” for an account so you can join the conversation. If you don’t see this, the option will also be available at the bottom of any of our articles in the comments section.

      2. You can register for an account by logging in through Facebook, Twitter, Google, or entering your email.

      3. Once you’ve created an account, you will receive a verification link to the email you used to sign up. Click that link and your account will be ready to use.

        1. If you signed up through Facebook, Twitter, or Google, you will receive this email at the email address on file for your social media account.

      4. If you accidentally deleted the verification email, you can request a new one here.

    2. Sign-In

      1. After you’ve verified your account, you’ll be able to login to your profile directly through our website.

        1. If you have any issues logging into your account, please review the help documentation here.

    3. Join the conversation

      1. That’s it, you’re all set! Please review the rest of our Community Guidelines and make sure that your comments don’t break any of the rules. Welcome to The Coda Collection!

  3. List of do’s and don’ts when contributing:

    1. Do’s:

      1. Share your subjective musical opinion

      2. Respect other people’s opinion

      3. Share your favorite stories from attending concerts, meeting artists, etc.

      4. Encourage friendly debate

    2. Don’ts:

      1. No self-promotion

      2. No soliciting

      3. No politics

      4. No spam

      5. No posting anything that can be deemed as threatening, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, vulgar, or pornographic

  4. The Coda Collection reserves the right to remove comments or ban users who do not abide by our community guidelines.

If you have questions concerning these Terms, please feel free to email us at privacy@codacollection.co.

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