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TERMS OF SERVICE

 

We are ACHAIA, LLC (“Company”, “we”, “us”, or “our”).

 

We operate Usher in the Spirit (www.usherinthespirit.com), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

 

You can contact us by email at brg@achaia.co or by mail to 1203 Killarney SE, Smyrna, GA 30080, United States.

 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ACHAIA, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will update the “Last updated” date accordingly. Continued use of the Services constitutes acceptance of those changes.

 

 

TABLE OF CONTENTS

 

  1. Our Services

  2. Intellectual Property Rights

  3. User Representations

  4. Prohibited Activities

  5. User Generated Contributions

  6. Contribution License

  7. Services Management

  8. Term and Termination

  9. Modifications and Interruptions

  10. Governing Law

  11. Dispute Resolution

  12. Corrections

  13. Disclaimer

  14. Limitations of Liability

  15. Indemnification

  16. User Data

  17. Electronic Communications, Transactions, and Signatures

  18. SMS Messaging and Communications

  19. Miscellaneous

  20. Contact Us

 

 

1. OUR SERVICES

 

The Services are operated by Aaron Cole and may be used in connection with campaigns, content, and fan engagement initiatives for artists, including but not limited to Aaron Cole, and their affiliated teams.

 

The information provided when using the Services is not intended for distribution in any jurisdiction where such use would violate applicable law.

 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

 

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all content, designs, text, graphics, and materials (the “Content”) and any trademarks or branding (the “Marks”).

 

 

Your use of our Services

 

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use only.

 

You may not copy, distribute, modify, or exploit any Content without our prior written permission.

 

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that:

 

  1. You have legal capacity to enter these Terms

  2. You are not a minor in your jurisdiction

  3. You will not use automated systems to access the Services

  4. You will not use the Services for unlawful purposes

  5. Your use complies with all applicable laws

 

 

4. PROHIBITED ACTIVITIES

 

You agree not to:

 

  • Collect data or scrape the platform

  • Mislead or defraud users

  • Circumvent security features

  • Upload malicious code

  • Use bots or automation

  • Reverse engineer any part of the Services

  • Use the Services for unauthorized commercial gain

 

 

5. USER GENERATED CONTRIBUTIONS

 

You may submit content (“Contributions”) through the Services.

 

You represent that your Contributions:

 

  • Are lawful and not misleading

  • Do not violate third-party rights

  • Are owned by you or properly licensed

 

 

6. CONTRIBUTION LICENSE

 

By submitting Contributions, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such Contributions in connection with the Services.

 

 

7. SERVICES MANAGEMENT

 

We reserve the right to:

 

  • Monitor activity

  • Remove content

  • Restrict or terminate access

  • Take legal action where necessary

 

 

8. TERM AND TERMINATION

 

These Terms remain in effect while you use the Services.

 

We may suspend or terminate access at any time without notice.

 

 

9. MODIFICATIONS AND INTERRUPTIONS

 

We may modify or discontinue the Services at any time.

 

We do not guarantee uninterrupted access.

 

 

10. GOVERNING LAW

 

These Legal Terms shall be governed by the laws of the State of Georgia.

 

 

11. DISPUTE RESOLUTION

 

 

Informal Negotiations

 

Parties agree to attempt resolution for 30 days before escalation.

 

 

Binding Arbitration

 

All disputes shall be resolved by binding arbitration in Smyrna, Georgia, United States.

 

 

Restrictions

 

No class actions permitted.

 

 

12. CORRECTIONS

 

We reserve the right to correct errors or omissions at any time.

 

 

13. DISCLAIMER

 

THE SERVICES ARE PROVIDED “AS IS.”

 

We disclaim all warranties, including merchantability and fitness for a particular purpose.

 

We are not responsible for:

 

  • Errors or inaccuracies

  • Service interruptions

  • Unauthorized access

 

 

14. LIMITATIONS OF LIABILITY

 

We are not liable for:

 

  • Indirect or consequential damages

  • Lost profits

  • Data loss

 

 

15. INDEMNIFICATION

 

You agree to indemnify and hold us harmless from claims arising from:

 

  • Your use of the Services

  • Your violation of these Terms

  • Your infringement of third-party rights

 

 

16. USER DATA

 

We may collect and manage data in connection with the Services.

 

In certain cases, data submitted through the Services may be shared with or made accessible to affiliated artists, including Aaron Cole, and their authorized teams for purposes such as communication, marketing, and fan engagement.

 

By using the Services, you acknowledge and agree to this data usage and sharing.

 

 

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

You consent to receive communications electronically and agree that electronic agreements satisfy legal requirements.

 

 

18. SMS MESSAGING AND COMMUNICATIONS

 

By providing your phone number and opting in, you consent to receive recurring SMS messages from Aaron Cole related to the Services, including updates, promotions, and communications associated with affiliated artists and campaigns.

 

Message frequency may vary.

 

Consent is not a condition of purchase.

 

Standard message and data rates may apply.

 

You may opt out at any time by replying STOP.

 

For assistance, reply HELP.

 

We are not responsible for delays or delivery failures caused by carriers.

 

 

19. MISCELLANEOUS

 

These Terms constitute the entire agreement.

 

If any provision is unenforceable, the remainder remains in effect.

 

 

20. CONTACT US

 

ACHAIA, LLC

1203 Killarney SE

Smyrna, GA 30080

United States

brg@achaia.co

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