This terms-of-service agreement is entered into between you and
Upperstage Eng. Ltd, with headquarters in Stavrou 56, Nicosia, Cyprus, registered in
the Republic of Cyprus -Companies Registrate under the number HE 155422
(“AlbumSelection,” “we,” or “us”). The following agreement, together with any
documents it references (collectively, “agreement”), governs your access to
and use of https://www.albumselection.com/, including any content, functionality,
and services offered on or through https://www.albumselection.com/ (“Website”),
whether as a Creator or User.
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Definitions
In this agreement, the following definitions apply:
“Content” means any material uploaded to the Website by a Creator or a User, including any
photos, videos, audio (for example, music and other sounds), livestream material,
data, text (including comments and hashtags), metadata, images, interactive
features, emojis, GIFs, memes, and any other material.
“Creator” means a content creator who has set up their AlbumSelection account as a Creator account
to post Content on the Website to be viewed by Users.
“User/Creator Transaction” means any transaction between a User and Creator on the Website by
which access is granted to the Creator’s Content, including in any of the following ways:
(1) a Subscription, (2) payments made by a User to view a Creator’s pay-per-view Content
(pay-per-view media and pay-per-view live stream), and (3) use by the User of the user
interaction function on a Creator’s account.
“User Payment” means any payments made by a User to a Creator (1) for a User/Creator
Transaction, or (2) by way of a tip for a Creator.
“Standard Agreement between User and Creator” means the terms that govern
each User/Creator Transaction that are available at
https://www.albumselection.com/standard-agreement-between-user-and-creator.html
“Subscription” means a User’s subscription to a Creator’s account (whether paid or unpaid,
and whether for one month or as part of a bundle comprising a subscription for more
han one month).
“Tax” means all forms of tax and statutory, governmental, state, federal, provincial,
local government, or municipal charges, duties, imposts, contributions, levies,
withholdings, or liabilities wherever chargeable in any jurisdiction.
“User” means an end user who follows a Creator and can view the Creator’s Content.
“You” or “your” means a Creator or a User or both.
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Acceptance of Agreement
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This document contains very important information regarding your rights and obligations,
and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
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Section 27 of this agreement contains a mandatory arbitration agreement. By using our
Website and accepting this agreement, you hereby (1) agree to binding arbitration of these
claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury
hear your case, or participate as part of a class of plaintiffs for any disputes with us.
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By using the Website or by clicking to accept or agree to the agreement when this option is
made available to you, you accept and agree to be bound and abide by this agreement.
If you do not want to agree to this agreement, you must not access or use the Website.
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This Website is offered and available to persons who are 18-years old or older, who have
reached the age of majority where they live, and who are not prohibited by law from accessing
or viewing sexually explicit content. By using this Website, you state that the following
facts are accurate: (1) you are at least 18-years old; (2) if the laws of your jurisdiction
provide that you can only be legally bound by a contract at an age that is higher than
18-years old, then you are old enough to be legally bound by a contract under the laws of
that jurisdiction; (3) you will provide all other information or verification as we require;
(4) you are permitted by the laws of your jurisdiction to join the Website and to view any
Materials available on it and to use any functionality provided by it; and (5) you are able
and willing to make payment (where required) to view Materials available on the Website
that you wish to view. If you do not meet all these requirements, you must not access or
use the Website.
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Changes to Agreement
We may revise and update this agreement from time to time. The Website will require you
to review and agree to the amended agreement before you can continue to use the Website.
All changes are effective immediately when posted and apply to all access to and use of the
Website afterward. However, any changes to section 26 (Governing Law and Jurisdiction) or
section 27 (Arbitration) will not apply to any disputes for which the parties have actual notice
on or before the date the change is posted on the Website.
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Adult Material; Section 230(d) Notice
You acknowledge that you are aware that some of the Content on the Website contains adult material,
including graphic visual depictions and descriptions of nudity and sexual activity, and you will
take this into account when deciding where to access and view Content. We will not be responsible
to you if you suffer any loss or damage as a result of your accessing or viewing Content containing
adult material in a way that places you in breach of any contract you have with a nonparty
(for example, your employment contract) or in breach of any law.
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer
hardware, software, or filtering services) are commercially available that may help in limiting
access to material that is harmful to minors. You may find information about providers of these
protections on the Internet by searching “parental control protection” or similar terms.
If minors have access to your computer, please restrain their access to sexually explicit material
by using these products, which we provide for informational purposes only and do not
endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
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Child Sexual Abuse Material (CSAM) Prohibited
We prohibit material involving minors on the Website. We only allow visual media of consenting
adults for consenting adults on the Website. If you see any visual media, real or simulated,
depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of
children, please promptly report this to us at support@AlbumSelection.com. Please include with your
report all appropriate evidence, including the date and time of identification. We will promptly
investigate all reports and take proper action, including, but not limited to, termination of
your account, blocking you from opening a new account on the Website, and withholding any
payments owed to you if you are a Creator. We cooperate with any law enforcement agency
investigating alleged child exploitation or child sexual abuse material.
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No Prostitution or Sex Trafficking
You must not use the Website to engage in, participate in, assist, support, or facilitate
any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or
coercion. This includes using the Website to: (1) exchange any personal contact information
with any person or have any type of face-to-face meeting involving one or more persons; or (2)
discuss with any person any type of transaction involving use of any other service or method
of interfacing with that person, including using any other Internet-based service or product.
Any violation of these prohibitions will result in termination of your account, blocking you
from opening a new account on the Website, and withholding any payments owed to you if you
are a Creator. If you see any evidence of prostitution, sex trafficking of children, or sex
trafficking by force, fraud, or coercion on this Website, please promptly report it to us at
support@albumselection.com. Please include with your report all evidence, including the date and time
of identification.
If you are a victim of any type of prostitution, sex trafficking of children, or sex trafficking
by force, fraud, or coercion, please promptly contact local law enforcement and provide them
with all the relevant information. Additionally, please notify AlbumSelection by submitting a
private report and provide AlbumSelection with the specific details.
We will promptly investigate all reports and take proper action. AlbumSelection will cooperate
with any criminal investigation by any law enforcement agency.
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Accessing the Website
We may withdraw or amend our Website and any service or material provided on it without notice.
We will not be liable if, for any reason, any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the Website, or
the entire Website, to Creators or Users. You are responsible for making all arrangements
necessary for you to access the Website and its Materials. Access to the Website might not be
legal by certain persons or in certain jurisdictions or might require age verification. We are
not making any statement that the Website or its Materials are accessible or appropriate in
your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise,
you access the Website on your own initiative and are responsible for complying with local laws.
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Your Account; Account Security; Account Deletion; Communication Preferences
To access many of the Website’s features, you must create an account. Registration is free
and for a single user only. To register, you must complete the registration process by
providing us with accurate information as prompted by the registration form. You must provide
a valid email address, a username, and a password or authenticate using any third-party
service offered on the Website. Do not choose a username that is offensive or that infringes
anyone’s service mark, trademark, or trade name. We may delete or require you to change any
username that violates this section 8(a). Your password should be unique (meaning that it is
different from those you use for other websites) and must comply with the Website’s technical
requirements for the composition of passwords. By creating an account, you state that (1) all
account registration and profile information you provide is your own and is accurate; (2) if
you previously had an account on the Website, we did not suspend or terminate that account
for breach of this agreement or any other agreement between you and AlbumSelection; and (3) you
are creating an account for your personal use, and you will not sell, rent, or transfer your
account to anyone.
You are responsible for keeping your password and account confidential. Further, you are
responsible for all activities that occur under your account. You must promptly let us know
about any unauthorized use of your account or any other security breach. You must not sell,
rent, lease, share, or provide access to your account to anyone else, including charging anyone
for access to administrative rights on your account. We may disable any username, password,
or other identifier, whether chosen by you or provided by us, for any reason, including if,
in our opinion, you have violated any part of this agreement or any other agreement between
you and AlbumSelection. We may cancel unconfirmed accounts or accounts that have been inactive
for more than a year.
We will not be liable to you for any loss that you might incur because of someone else using
your password or account, either with or without your knowledge. You could be held liable
for losses incurred by another person or us because of someone else’s use of your password
or account.
You must not use anyone else’s account at any time.
We care about the integrity and security of your personal information. But we cannot guarantee
that unauthorized persons can never defeat the Website’s security measures or use any personal
information you provide to us for improper purposes. You provide your personal information
at your own risk.
If you want to delete your AlbumSelection account then you may do so in the account settings of
your AlbumSelection account. Account deletion is subject to the following rules:
- if you are a User, the deletion of your account will take place within a
reasonable time after your request;
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if you are a Creator, then once you initiate the account deletion process your account will
remain open until the last day of your Users’ paid Subscription period, after which you
will receive your final payment and your account will be deleted;
- if you are both a User and a Creator then your account will be deleted in two stages
(User first and then Creator); and
- once your account has been deleted you will not be charged any further amounts or have
access to your former AlbumSelection account or its Content, and any Subscriptions will be
deleted and cannot be later renewed. You will receive an email confirmation on the successful
deletion of your account. Once your account has been deleted, we may deal with your Content
in any appropriate manner in accordance with our Privacy Policy (including by deleting it)
and you will no longer be entitled to access your Content. There is no technical facility
on AlbumSelection for you to be able to access your Content after termination of your
account.
By registering for an account, you hereby consent to receive electronic communications from us
about your account. Communications might involve sending emails to the email address you provided
during registration or posting communications on the Website and will include notices about
your account (e.g., change in password, confirmation emails, and other transactional information)
and are part of your relationship with us. You acknowledge that any notices, agreements,
disclosures, or other communications that we send you electronically will satisfy any legal
communication requirements, including that those communications be in writing. We recommend
that you keep copies of electronic communications by printing a paper copy or saving an
electronic copy. You also hereby consent to receive other communications from us, including
newsletters about new features and content, special offers, promotional announcements,
and customer surveys by email or other methods. You acknowledge that communications you
receive from us might contain sexually explicit material unsuitable for minors. If you no
longer want to receive non-transactional communications from us, please review our Privacy
Policy on how to opt out of marketing communications.
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Intellectual Property Rights
- AlbumSelection owns and operates the Website. All content, features, functionality,
and other materials found on the Website, including all visual interfaces, graphics,
information, software (including source code and object code), text, displays, images,
photos, videos, and audio, and the design, selection, and arrangement of them (collectively,
“Materials”) are owned by AlbumSelection, its licensors, or other providers of those Materials.
United States copyright, trademark, patent, trade secret, and other intellectual property
or proprietary rights laws protect all Materials found on the Website.
- AlbumSelection hereby grants you a single, limited, personal, nontransferable, nonsublicensable,
nonexclusive license (i.e., a personal and limited right) to access and use the Website and
the Materials for your personal, noncommercial use only. You must not reproduce, distribute,
resell, modify, create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the Materials on the Website, except as follows:
- your computer may temporarily store copies of the Materials in RAM incidental to your
accessing and viewing those Materials;
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you may store files that are automatically cached by your Web browser for display
enhancement purposes;
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you may print or download one copy of a reasonable number of pages of the Website
for your own personal, noncommercial use and not for further reproduction, publication,
or distribution;
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you may view any Content to which you have properly gained access solely for your personal,
noncommercial use and not for further reproduction, publication, or distribution;
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if we offer desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal,
noncommercial use, subject to our end user license agreement for those applications;
and
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if we provide social media features with certain content, you may take those actions
as are enabled by those features.
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You must not:
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download any Materials unless the Website itself gives you that option;
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modify copies of any Materials from the Website;
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use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text;
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delete or alter any copyright, trademark, or other proprietary rights notices from
copies of the Materials from the Website; and
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access or use any part of the Website or the Materials available through it for any
commercial purposes unless we agree otherwise in writing.
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If you print, copy, modify, download, record, or otherwise use or provide any other person
with access to any part of the Materials in breach of this agreement, your right to use the
Website will terminate immediately, and you must, at our option, return or destroy any
copies of the Materials you have made. No interest in the Website or any Materials on the
Website is transferred to you, and AlbumSelection reserves all rights not expressly granted.
Any use of the Website not expressly permitted by this agreement is a breach of this
agreement and might violate copyright, trademark, and other laws.
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AlbumSelection name and logo; the terms AlbumSelection; the Website’s logo; and all related
names, domain names, logos, product and service names, designs, and slogans, as well as
the Website’s look and feel, including all page headers, custom graphics, button icons,
and scripts are trademarks or trade dress of AlbumSelection, its affiliates, or licensors.
You must not use those marks in whole or in part with any product or service that is not
ours, in any manner that is likely to cause confusion among consumers, or in any way that
disparages or discredits us, without first obtaining our written permission. Any use of
these marks must be under any guidelines that we may provide you with from time to time.
All other service marks, trademarks, trade names, logos, product and service names, designs,
and slogans on this Website are the marks of their respective owners. Reference on the
Website to any products, services, processes, or other information—by trade name, trademark,
manufacturer, supplier, or otherwise—does not constitute or imply our endorsement,
sponsorship, recommendation, or any other affiliation.
Prohibited Uses
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You must use the Website only for lawful purposes and in accordance with this agreement
and the Acceptable Use Policy[a]. You must not use the Website:
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in any way that violates any law or regulation;
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to exploit, harm, or try to exploit or harm minors in any way by exposing them
to inappropriate content, asking for personal information, or otherwise;
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to engage in, take part in, aid, support, promote, ask for, or ease any
act of prostitution, sex trafficking
of children, or sex trafficking by force, fraud, or coercion;
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to harass or stalk any person;
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to send, knowingly receive, upload, download, use, or re-use any Content that
does not comply with the Acceptable Use Policy ;
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to impersonate or try to impersonate us, a AlbumSelection employee, another
Creator or User, or any other person or entity (including by using email
addresses or usernames associated with any of the preceding); or
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to engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as we decide, may harm you or us or
expose you or us to liability.
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Additionally, you must not:
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use the Website in any way that could disable, overburden, damage, or impair
the Website or interfere with any other person’s use of the Website, including
their ability to engage in real-time activities through the Website;
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conduct, facilitate, authorize, or permit any text or data mining or web scraping
regarding the Website or any services provided through, or concerning, the
Website. This includes using (or permitting, authorizing, or attempting to use):
(A) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program,
tool, algorithm, code, process, or methodology to access, obtain, copy, monitor,
record, or republish any part of the Website or any data, content, information,
or services accessed through the Website; or (B) any automated analytical
technique aimed at analyzing text and data in digital form to generate
information that includes but is not limited to patterns, trends, and correlations;
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use any manual process to monitor or copy any of the Materials or any other
unauthorized purpose without our prior written consent;
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use any device, software, or routine that interferes with the proper working
of the Website;
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introduce any viruses, Trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful;
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attempt to gain unauthorized access to, interfere with, damage, or disrupt any
part of the Website, the server on which the Website is stored, or any server,
computer, or database connected to the Website;
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attack the Website via a denial-of-service attack or a distributed
denial-of-service attack; or
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otherwise try to interfere with the Website’s proper working.
Content
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The Website contains personal webpages or profiles, live streaming, private messaging,
timelines, comment sections, and other interactive features (collectively,
“Interactive Services”) that allows you to post, submit, publish, display, or transmit
to others (collectively, “post”) Content on or through the Website. All Content must
comply with the Acceptable Use Policy[c]. If you are a Creator, you must also comply
with the Creator Supplement[d]. We will consider nonconfidential and nonproprietary
any Content you post to the Website.
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Unless you are registered as a Creator, you must be a verified User before you can
post or appear in photos, videos, or livestream material on or through our Website.
To become a verified User, you must first provide us with a government-issued picture
identification card so that we can verify your identity and age. By providing us
with a government-issued picture identification card, you hereby authorize us to
provide your government-issued picture identification card to a nonparty vendor
for validation purposes.
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As between you and AlbumSelection, you own all intellectual property rights in the Content
you submit. By making Content available on the Website or otherwise posting on
the Website, you hereby grant us a perpetual, irrevocable, nonexclusive,
sublicensable, worldwide license covering your Content or what you post in all
formats and channels now known or later developed anywhere in the world to use,
copy, reproduce, store, translate, transmit, distribute, perform, prepare
derivative works, publicly display, and display in connection with any name,
username, voice, or likeness provided in connection with it.
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You hereby waive any so-called “moral rights” that you might have in any Content.
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You state that the following facts about any Content you post on or through the
Website are accurate:
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you have the right to submit the Content to the Website and grant the
licenses in this agreement;
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all persons depicted in your Content were at least 18 and the age of
majority in your jurisdiction at the time of production;
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AlbumSelection will not need to obtain licenses from any nonparty or pay
royalties to any nonparty for the distribution of the Content;
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you have obtained and will keep on record appropriate written releases or
consents from all persons (including yourself) who appear in the Content,
including, but not limited to, (A) consent to be depicted in the Content;
(B) consent to allow for the public distribution of the Content and to
upload the Content to the Website; and (C) if the Content will be made
available for downloading by Users, consent to have that Content downloaded;
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you have verified the identity and age of all persons depicted in your
Content to ensure that all persons depicted are adults and you can provide
supporting documents to us on request;
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the Content does not, and will not, infringe any nonparty’s rights, including
intellectual property rights, rights of publicity, moral rights, and privacy
rights; and
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the Content complies with this agreement, the Acceptable Use Policy[e],
the Creator Supplement[f] if you are a Creator, and all laws.
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You acknowledge that you are responsible for any Content you post, and you, not us,
have full responsibility for that Content, including its legality, reliability,
accuracy, and appropriateness. We are not liable to any person for the content or
accuracy of any Content posted by you or any other person. We use reasonable
security measures to try to protect Content against unauthorized copying and
distribution. But we do not guarantee that any unauthorized copying, use, or
distribution of Content will not occur. We provide any security measures “as is”
and we are not making any warranties, guarantees, conditions, or assurances that
those security measures will withstand attempts to evade security mechanisms or
that there will be no cracks, disablements, or other circumvention of those
security measures. We will not be liable to you for any unauthorized copying,
use, or distribution of your Content by nonparties, and to the extent allowed
by law, you hereby release all claims you might have against us for any such
unauthorized copying or use of the Content, under any equitable or legal theory.
Monitoring and Enforcement; Termination
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We are committed to maintaining a positive and respectful community, and we do not
tolerate any inappropriate Content or misconduct, whether on or off the Website.
AlbumSelection has a Complaint Policy & Procedure[g] that allows anyone to report to
AlbumSelection any Content on the Website that might be illegal or that otherwise violates
this agreement. We encourage you to report any inappropriate Content or misconduct
by others to support@AlbumSelection.com.
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We may:
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remove or refuse to post any Content for any reason;
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take any action concerning any Content that we consider necessary or appropriate,
including if we believe that your Content is illegal or otherwise violates
this agreement or the Acceptable Use Policy[h], infringes any intellectual
property right or other right of any person or entity, threatens the personal
safety of our Creators and Users or the public, or could create liability
for AlbumSelection;
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disclose your identity or other information about you if required by law or court
order (including a subpoena) to anyone who claims that Content posted by you
violates their rights, including their intellectual property rights or their
right to privacy or publicity;
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take appropriate legal action, including referral to law enforcement, for any
illegal or unauthorized use of the Website, including posting illegal or
unauthorized Content (AlbumSelection will report any Content that could be considered
child sexual abuse material (CSAM) to the National Center for Missing and
Exploited Children’s CyberTipline and any other legal and regulatory bodies);
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terminate your agreement with us and your access to the Website for any reason by
giving you at least 30 days’ prior notice by email or electronic message
to your AlbumSelection account; or
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suspend access to your account or terminate your agreement with us and your access
to the Website effective immediately and without prior notice: (A) if we think
that you have or might have materially or repeatedly breached any part of this
agreement (including in particular our Acceptable Use Policy[i]) or the Creator
Supplement[j] if you are a Creator, or if you try or threaten to breach any part
of this agreement in a way that has or could have serious consequences for us
or another Creator or User; (B) if you engage in any activity that is illegal
or fraudulent or otherwise violates any law; or (C) if you take any action
that in our opinion has caused or is reasonably likely to cause us to
suffer a loss or that otherwise harms the reputation of AlbumSelection.
AlbumSelection will review and resolve all reported complaints within seven business days.
We will suspend access to any Content you post on our Website that we become aware of
that might not comply with this agreement, the Acceptable Use Policy[k], or any law while
we investigate the suspected noncompliance or unlawfulness of that Content. If we suspend
access to your Content, you may request a review of our decision to suspend access to that
Content by contacting us at support@AlbumSelection.com. After investigating the suspected
noncompliance or unlawfulness of that Content, we may take any action we consider
appropriate, including, but not limited to, reinstating access, permanently removing,
or disabling access to that Content without needing to obtain your consent and without
giving you prior notice. At your own cost, you must promptly provide us with all reasonable
assistance (including providing us with copies of any information that we request) in
our investigation. We will not be responsible for any loss you suffer arising from our
suspending access to your Content or any other steps that we take in good faith to
investigate any suspected noncompliance or unlawfulness of your Content under this
section 12(c).
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If we suspend access to or remove any of your Content, we will notify you by email or
electronic message to your account, but we are not required to give you prior notice of
that removal.
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If we suspend access to your account or terminate your agreement with us and your access to
the Website, we will let you know. While access to your account is suspended,
any payment that would otherwise have fallen due during the suspension will be suspended,
and we may withhold earnings due to you but not yet paid if you are a Creator under the
Creator Supplement[l].
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On termination of your account, we may deal with your Content in any appropriate manner
in accordance with our Privacy Policy[m] (including by deleting it) and you will no
longer be entitled to access your Content. There is no technical facility on AlbumSelection
for you to be able to access your Content after termination of your account.
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We will cooperate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information about anyone posting any
Content on or through the Website. You hereby waive and shall indemnify AlbumSelection and
its affiliates, licensees, and service providers against any claims resulting from any
action taken during, or taken because of, investigations by either AlbumSelection or law
enforcement authorities.
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We review all Content before it is published to our Website to ensure that it is not
illegal and does not otherwise violate this agreement, the Acceptable Use Policy[n],
or any law. In addition, in offering real-time or live video streaming Content, we
operate on a platform that we can fully control and that allows for real-time monitoring
and the removal of the Content being streamed. If we determine that any Content being
streamed is illegal or otherwise violates this agreement, the Acceptable Use Policy[o],
the Creator Supplement[p] if you are a Creator, or any law, we will promptly block and
remove that Content. But we assume no liability for any action or inaction regarding
transmissions, communications, or Content provided by any person. We have no liability
or responsibility to any person for the performance or nonperformance of the activities
described in this section 12.
Copyright Infringement
If you believe that any Content infringes your copyright, please email us at
support@AlbumSelection.com. It is AlbumSelection’s policy to terminate the accounts of repeat infringers.
Reliance on Information Posted
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The information presented on or through the Website is made available solely for
general information purposes. We are not making any statement about the accuracy,
completeness, or usefulness of this information. Any reliance you place on that
information is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on those materials by you or any other visitor to
the Website, or by anyone who might be informed of any of its contents.
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All statements or opinions expressed in Content and all articles and responses to
questions and other content, other than the content provided by AlbumSelection,
are solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect AlbumSelection’s opinion.
We are not responsible, or liable to you or any nonparty, for the content or
accuracy of any materials provided by any person.
Changes to the Website
We may update the Materials on this Website from time to time, but the Website’s Materials
are not necessarily complete or up to date. The Website’s Materials might be out
of date at any given time, and we are not required to update those Materials.
Information About You and Your Visits to the Website
For information about how we collect, use, and share your personal information,
please review our Privacy Policy.
Subscriptions and Purchases
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All User/Creator Transactions are contracts between Users and Creators on the terms
of the Standard Agreement between User and Creator[q]. Although we facilitate
User/Creator Transactions by providing the Website, storing Content, and acting as
a payment intermediary, we are not a party to the Standard Agreement between User
and Creator[r] or any other agreement that might exist between a User and a Creator.
We are not responsible for any User/Creator Transactions.
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Creators are solely responsible for determining (within the Website’s pricing
parameters) the pricing applicable to User/Creator Transactions and the Content to
which you may be given access. All prices appear in Euros (or USD for US users) only.
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User Payments are inclusive of Tax.
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To enter into a User/Creator Transaction with a particular Creator, you must first
add a payment card to your account and then click the “Subscribe” button on the website.
By subscribing to the website you have access to all Creators profiles.
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You hereby authorize us to give your payment card details to our third-party payment
processor to process your User Payment. All User Payments will be charged in Euros
(or USD for US users). Your payment card provider may charge you currency conversion
fees. We do not control currency exchange rates or charges imposed by your payment
card provider or bank. We are not responsible for paying any charges or fees imposed
by your payment card provider or bank.
If you choose to provide details for two or more payment cards and then try to make a
User Payment from the first card and that card is rejected for any reason, then the other
payment card will be used to collect the full User Payment.
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The payment provider will take (1) periodic payments from your payment card for
User Payments that are Subscriptions; and (2) immediate payments from your payment card
for User Payments other than Subscriptions (including any tips paid by you to a Creator).
You hereby authorize and consent to each of these payments being debited using your
supplied payment card details
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Besides free-trial Subscriptions, all Subscriptions to a Creator’s profile will
automatically renew at the end of the relevant subscription period, except if your
payment card is declined, the subscription price for the Subscription has increased,
or you have turned off the “Auto-Renew” switch located on the relevant Creator’s
profile. This means that if you want to stop subscribing to a Creator’s profile
and paying continuing monthly subscription charges, you will need to turn off the
“Auto-Renew” switch located on the relevant Creator’s profile.
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If you cancel a Subscription, you will continue to have access to the relevant
Creator’s Content until the end of the Subscription period, after which no further
payments will be taken from your payment card regarding Subscriptions to that
Creator’s profile (unless you choose to pay for a new Subscription to that
Creator’s profile), and you will no longer be able to view the relevant
Creator’s Content.
Billing Disputes
If you believe that we have charged you in error, you must notify us in writing no later
than 30 days after receiving the billing statement in which the error first appeared.
If you do not notify us in writing of a dispute within this 30-day period, you waive any
disputed charges. You must submit any billing disputes to us by email at support@albumselection.com.
Please include a detailed statement describing the nature and amount of the disputed charges.
We will correct any mistakes in a bill and add or credit them against your future User
Payments. If we consider that any billing dispute made by you was made in bad faith,
we may suspend or terminate your User account or any future account you create.
Refund Policy
Except as provided by law, all sales and transactions are final. User Payments are
nonrefundable and earned on receipt. You must not make unjustified requests for a refund
regarding any User/Creator Transaction or a tip to a Creator. If you are unhappy with a
User/Creator Transaction, please inform the applicable Creator. If there is a technical
error on the Website, we will work with you to resolve it. We may approve a refund in the
form of a credit on request if exceptional circumstances exist. If you believe exceptional
circumstances exist for a refund, please email us at support@albumselection.com and explain the
circumstances you believe merits a refund. We are not making any promise that we will give
you a refund. If we issue a refund at our sole discretion, we will issue that refund in the
form of a credit to the payment method you used for that User Payment. We will not make
refunds in the form of cash, check, or free services. The provision of a refund in one
instance does not entitle you to a refund in the future for similar instances, nor does
it require us to issue refunds in the future under any circumstance. If we consider that
any request for a refund was made by you in bad faith, we may suspend or terminate your
account or any future account you create.
Chargeback Policy
We carefully investigate all chargebacks. Chargebacks are initiated when individuals reach
out to their financial institutions to dispute a transaction. You must not make
unjustified chargeback requests of your payment card provider for any User/Creator
Transaction or tip to a Creator. To protect Creators, we will review excessive and
potentially fraudulent chargebacks and may prohibit you from making additional
purchases during that review. If we consider that any chargeback request is fraudulent
or was made by you in bad faith, we may suspend or terminate your account or any future
account you create.
Linking to the Website and Social Media Features.
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You may link to our homepage or your profile page, on condition that you do so in a
way that is fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part without our express written consent.
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This Website may provide certain social media features that enable you to:
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link from your own or certain nonparty websites to certain content on this
Website;
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send emails or other communications with certain content, or links to
certain content, on this Website; and
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cause limited parts of content on this Website to be displayed or appear
to be displayed on your own or certain nonparty websites.
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You may use the features set out in section 21(b) solely as they are provided by us
solely for the content they are displayed with, and otherwise under any additional
terms we provide for those features. Subject to the preceding, you must not:
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establish a link from any website that is not owned by you;
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cause the Website or parts of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking,
or in-line linking;
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link to any part of the Website other than the homepage or your profile page; or
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otherwise take any action regarding the materials on this Website that is
inconsistent with any other provision of this agreement.
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The website from which you are linking, or on which you make certain content accessible,
must comply in all respects with the Acceptable Use Policy[s].
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You must cooperate with us in causing any unauthorized framing or linking immediately
to stop. We may withdraw linking permission without notice.
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We may disable any social media features and any links at any time without notice.
Links from the Website
Links from the Website
If the Website contains links to other sites and resources provided by
nonparties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources and accept no responsibility
for them or for any loss or damage that might arise from your use of them.
If you decide to access any of the nonparty websites linked to this
Website, you do so entirely at your own risk and subject to the terms
of use for those websites.
Warranty Disclaimers
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AlbumSelection provides the Website “as is” and “as available.” You use the Website at
your own risk.
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Except as expressly set out in this agreement, and to the extent permitted by law,
AlbumSelection is not making any warranties, express or implied, including implied
warranties of merchantability, fitness for a particular purpose, title, and
noninfringement. Among other things, AlbumSelection is not making any warranty (1) that
the Website, or any part of it, will be available or permitted in your jurisdiction,
uninterrupted or error-free, completely secure, or accessible from all devices or
browsers; (2) that we will host, make available, or remove any specific piece of
Content; (3) concerning any Content submitted by or actions of our Creators or
Users; (4) that any geo-filtering or digital rights management solution that we
might offer will be effective; (5) that the Website will meet your business or
professional needs; (6) that we will continue to support any particular feature
or maintain backwards compatibility with any third-party software or device; or
(7) concerning any third-party websites and resources.
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The disclaimers of warranty under this section 23 also apply to our subsidiaries,
affiliates, and third-party service providers.
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The above does not affect any warranties that cannot be excluded or limited under law.
Limitation of Liability
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To the extent permitted by law, (1) AlbumSelection is not liable to you for any indirect,
incidental, special, consequential, punitive, or exemplary damages, including damages
for loss of business, profits, goodwill, data, or other intangible losses, even if
AlbumSelection has been advised of the possibility of those damages; and (2) AlbumSelection’s
total liability to you, except for AlbumSelection’s contractual payment obligations
under this agreement (if any), will not exceed the amounts paid by you to AlbumSelection
over the six months preceding your claim(s) or €500, whichever is greater.
In this section 24, “AlbumSelection” includes its subsidiaries, affiliates,
officers, managers, employees, agents, and third-party service providers.
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The limitation of liability set out above does not apply to liability resulting from
our gross negligence or willful misconduct or death or bodily injury caused by
products or services you purchase through the Website.
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The above does not affect any liability that cannot be excluded or limited under law.
Indemnification
You shall indemnify us against all losses and liabilities, including legal fees, that
arise from this agreement or relate to your use of the Website, including your submission
of Content. We reserve the right to exclusive control over the defense of a claim covered
by this section 25. If we exercise this right, then you will help us in our defense.
Your obligation to indemnify under this section 25 also applies to our subsidiaries,
affiliates, officers, managers, employees, agents, and third-party service providers.
Governing Law and Jurisdiction
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Cyprus law governs all adversarial proceedings arising out of this agreement or access
or use of the Website. This agreement’s predominant purpose is providing services and
licensing access to intellectual property and not a “sale of goods.” The United Nations
Convention on Contracts for the International Sale of Goods will not govern this agreement,
the application of which is expressly excluded.
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Except for disputes subject to arbitration, as the exclusive means of bringing
adversarial proceedings to resolve any dispute arising out of this agreement or the
subject matter of this agreement, a party may bring such a proceeding in a court of
Cyprus. Each party acknowledges that those courts would be a convenient forum.
Arbitration; Class Action Waiver
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You and AlbumSelection are agreeing to give up any rights to litigate claims in a court or
before a jury, or to participate in a class action or representative action with
respect to a claim. Other rights that you would have if you went to court may also
be unavailable or may be limited in arbitration. Any claim, dispute, or controversy
(whether in contract, tort, or otherwise, whether pre-existing, present, or future,
and including statutory, consumer protection, common law, intentional tort, injunctive,
and equitable claims) between you and us arising from or relating in any way to your
use of the Website, will be resolved exclusively and finally by binding arbitration.
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Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution
provider if ARS is not available) will administer the arbitration under its rules
available at www.arbresolutions.com, then in effect, except as modified by this section
27. The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or
the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered
to grant whatever relief would be available in court under law or in equity. Any award
from the arbitrator will be final and binding on each of the parties and may be entered
as a judgment in any court of competent jurisdiction. If you prevail on any claim that
affords the prevailing party legal fees, the arbitrator may award reasonable fees to you
under the standards for fee shifting provided by law.
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You may elect to pursue your claim in small-claims court rather than arbitration if you
provide us with written notice of your intent to do so within 60 days of the date your
claim arose. The arbitration or small-claims court proceeding will be limited solely to
your individual dispute or controversy.
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You agree to arbitrate on an individual basis. In any dispute, neither you nor AlbumSelection
will be entitled to join or consolidate claims by or against other users in court or
in arbitration or otherwise participate in any claim as a class representative, class
member, or in a private attorney general capacity. The arbitral tribunal will not
consolidate more than one person’s claims and will not otherwise preside over any
form of a representative or class proceeding. The arbitral tribunal has no power to
consider the enforceability of this class arbitration waiver and any challenge to the
class arbitration waiver may only be raised in a court of competent jurisdiction.
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If any provision of this section 27 is found unenforceable, the unenforceable
provision will be severed, and the remaining arbitration terms will be enforced.
Recovery of Expenses
In any proceedings between the parties arising out of this agreement or relating to the
subject matter of this agreement, the prevailing party will be entitled to recover from
the other party, besides any other relief awarded, all expenses that the prevailing party
incurs in those proceedings, including legal fees and expenses.
Limitation on Time to Bring Claims
A party shall not bring a claim arising out of this agreement or access or use of the
Website more than one year after the cause of action arose. Any claim brought after
one year is barred.
Entire Agreement
This agreement constitutes the entire understanding between the parties regarding the
subject matter of this agreement and supersedes all other agreements, whether written
or oral, between the parties, except that any additional terms on the Website will
govern the items to which they pertain.
Assignment
This agreement is personal to you. You shall not transfer to any person (1) any discretion
granted under this agreement, (2) any right to satisfy a condition under this agreement,
(3) any remedy under this agreement, or (4) any obligation imposed under this agreement.
Any purported transfer by you in violation of this section 31 will be void.
Waiver
No waiver under this agreement will be effective unless it is in writing and signed by the
party granting the waiver. A waiver granted on one occasion will not operate as a waiver
on other occasions.
Severability
If any provision of this agreement is held to be unenforceable, then that provision is
modified to the extent necessary to enforce it. If a provision cannot be modified to
make it enforceable, then it is severed from this agreement, and all other
provisions remain in force.
Notices
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You may give notice to us by email at support@albumselection.com or by mail to Upperstage
Eng, Stavrou 56, Nicosia, Cyprus. We may change our contact
information on one or more occasions by posting the change on the Website.
Please check the Website for the most current information for notifying us.
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You consent to receive any notice from us in electronic form either (1) by email to
the last known email address we have for you or (2) by posting the notice on a
place on the Website chosen for this purpose. You state that any email address
you gave us for contacting you is a valid email address for receiving notice.
Unsolicited Idea Submission Policy
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We and our employees do not accept or consider unsolicited ideas, suggestions, proposals,
comments, or materials, including new or improved products, services or technologies,
product or service enhancements, processes, advertising campaigns, promotions,
marketing plans, or new product or service names (collectively, “Submissions”).
Please do not send any Submissions in any form to us or any of our employees.
The sole purpose of this policy is to avoid potential misunderstandings or disputes
when our products, services, marketing, or other projects might seem similar to
any Submissions made to us. If, despite our policy, you still submit your ideas to us,
the following terms will apply to your Submissions, regardless of what your
communication states. You acknowledge that: (1) we will consider the Submissions
to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute,
and disclose the Submissions for any purpose in any way, without compensation to
you or any other person or party; and (3) we will have no obligations for the
Submissions, including no obligation to review the Submissions, return any materials,
or acknowledge receipt of the Submissions. If you do not agree to these terms,
please do not send us any Submissions.
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While we cannot accept unsolicited ideas, we always welcome feedback on our existing
business. If you want to send us your feedback, please only provide specific
feedback on our existing business and do not include ideas that the policy stated
in section 36 prohibits. Any feedback you provide is considered nonconfidential and
nonproprietary. We will be free to use that information on an unrestricted basis
with no compensation to you or any other person or party.
Your Comments and Concerns
The Website is operated by Upperstage Eng Ltd, with headquarters at Upperstage Eng Ltd,
Stavrou 56, Strovolos, Nicosia, Cyprus, registered with the Cyprus Registar of Companies
under number HE155422.. All abuse notices, including alleged child sexual abuse
material (CSAM), should be directed to support@AlbumSelection.com. You should direct all
other feedback, comments, requests for technical support, and other communications
relating to the Website to us at support@albumselection.com.