Eligibility and Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms.
If you make a purchase through the Website, you represent that you are legally capable of entering into a binding transaction or that you have the permission of a parent, guardian, or other person legally authorized to act on your behalf.
You are responsible for ensuring that any information you provide to us is accurate, current, and complete.
Our Website and Offerings
The Website may provide access to or information about:
- Music and recordings by Jhonny Nortè;
- Albums, singles, songs, previews, videos, and related creative content;
- Physical merchandise;
- Apparel and accessories;
- Digital music or other digital content;
- Pre-orders;
- Limited-edition products;
- Artist-related announcements and content;
- Community features;
- Newsletter or promotional communications;
- Third-party streaming, download, social media, ticketing, or music platforms;
- Opportunities to support the Jhonny Nortè project; and
- Other products, content, or experiences that we may introduce from time to time.
The availability of any product, release, feature, or offering may change without notice.
Pricing
Prices displayed on the Website are shown in the currency indicated at checkout. Unless otherwise stated, displayed prices do not include applicable sales tax, shipping charges, delivery charges, customs duties, import fees, or other amounts that may apply to your order.
We reserve the right to change prices at any time. A pricing error does not obligate us to complete a transaction at an incorrect price. If we discover a material pricing error after you place an order, we may contact you, correct the error, or cancel and refund the affected transaction when appropriate.
Purchases and Payment
Purchases made through the Website may be processed by Shopify or other third-party payment processors made available during checkout. We do not directly control how third-party payment processors collect, store, use, or secure your payment information. Their handling of your information is governed by their respective terms and privacy practices.
By submitting payment information, you represent and warrant that:
- You are authorized to use the payment method provided;
- The information you provide is accurate and complete; and
- You authorize the applicable payment processor to charge the amount shown at checkout.
We reserve the right to refuse, limit, cancel, or review an order where reasonably necessary, including in cases involving suspected fraud, unauthorized transactions, pricing errors, product availability, technical errors, resale activity, or violations of these Terms.
Order Acceptance
Your submission of an order does not necessarily mean that we have accepted it. An order is considered accepted when it has been processed or otherwise confirmed by us. We may cancel an order before fulfillment when reasonably necessary. If we cancel an order after payment has been collected and no portion of the order has been fulfilled, the appropriate amount will generally be refunded to the original payment method.
Shipping and Delivery
Physical merchandise is subject to our separate Shipping & Delivery Policy, which is incorporated into these Terms by reference. Shipping estimates are estimates only and are not guaranteed delivery dates. Delivery times may be affected by carriers, weather, customs, holidays, inventory availability, fulfillment partners, or other circumstances outside our reasonable control.
Returns, Refunds and Exchanges
Returns, exchanges, refunds, damaged-item claims, incorrect-item claims, and related matters are governed by our separate Returns, Refunds & Exchanges Policy.
Certain products may be final sale or subject to special return restrictions, including where permitted by law:
- Digital downloads;
- Downloadable music;
- Personalized or customized merchandise;
- Certain limited-edition items;
- Items marked final sale;
- Used, worn, washed, altered, or damaged products; and
- Other items identified as non-returnable before purchase.
Nothing in these Terms limits rights that cannot legally be waived under applicable consumer protection law.
Pre-Orders
Some merchandise, music, or other products may be offered before they are available for immediate fulfillment. A pre-order means that you are purchasing an item that is expected to become available at a later date. Release dates, production schedules, manufacturing timelines, and fulfillment estimates may change.
Pre-orders are also governed by our separate Pre-Orders Policy. If a pre-ordered item cannot be fulfilled, we may cancel the affected portion of the order and issue an appropriate refund.
Music and Digital Content
Music, digital downloads, audio files, videos, artwork, lyrics, written material, and other digital content made available through the Website are licensed or provided for personal, non-commercial use unless we expressly state otherwise. Purchasing or accessing digital content does not transfer ownership of the underlying copyrights, trademarks, master recordings, compositions, artwork, publicity rights, or other intellectual property.
Unless expressly authorized in writing, you may not:
- Reproduce digital content for commercial distribution;
- Resell or redistribute digital downloads;
- Upload purchased files to file-sharing networks;
- Publicly distribute downloadable files;
- Claim ownership or authorship of our music or content;
- Create unauthorized merchandise using our intellectual property;
- License our music to another project;
- Synchronize our music with films, advertisements, videos, games, or other commercial media;
- Create unauthorized derivative commercial works; or
- Use our content to train, develop, or commercially exploit an artificial intelligence or machine-learning system where such use requires our authorization.
Additional terms may be found in our Music & Digital Content Policy.
Streaming and Third-Party Music Platforms
The Website may link to music or artist content available through third-party platforms, including streaming services, download stores, social media platforms, video services, or music distributors. Those platforms are independently operated. Your use of those services is governed by their own terms, policies, account requirements, subscription terms, and privacy practices. We are not responsible for the availability, functionality, pricing, content moderation, recommendation systems, subscription practices, or technical performance of third-party services.
Community Features and User Submissions
The Website may allow visitors or members of the Jhonny Nortè community to submit information, comments, messages, social media handles, photographs, testimonials, stories, creative material, or other content (“User Content”).
You retain ownership of User Content that you own. However, when you intentionally submit User Content for publication, display, promotion, a community feature, Pulser Spotlight, social feature, or similar public use, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, format, resize, distribute, and publish that User Content for the purpose for which it was submitted and for reasonable promotion of that feature.
You represent that you have the rights necessary to submit any User Content that you provide.
Community Conduct
You may not use the Website or its community features to submit or distribute content that:
- Harasses, threatens, stalks, or abuses another person;
- Encourages violence or unlawful conduct;
- Infringes copyrights, trademarks, privacy rights, publicity rights, or other rights;
- Contains another person’s private information without authorization;
- Is fraudulent or intentionally deceptive;
- Contains malware or harmful code;
- Exploits or abuses children;
- Is pornographic or unlawfully sexually explicit;
- Is discriminatory in violation of applicable law;
- Promotes unauthorized commercial advertising or spam; or
- Otherwise violates applicable law or these Terms.
Prohibited Uses
You agree not to:
- Impersonate Jhonny Nortè, Balanex Media Group, our representatives, or another person;
- Misrepresent your identity or affiliation with another person or organization;
- Use the Website for unlawful activity;
- Attempt to gain unauthorized access to the Website or related systems;
- Interfere with the proper operation or security of the Website;
- Introduce viruses, malicious code, worms, trojan horses, logic bombs, or similar harmful material;
- Conduct denial-of-service or distributed denial-of-service attacks;
- Scrape, crawl, copy, harvest, or systematically extract Website content through automated means except as permitted by applicable law or authorized by us;
- Circumvent technical measures designed to protect Website content;
- Use Website materials to create unauthorized commercial products;
- Use our name, likeness, trademarks, artwork, music, lyrics, logos, or branding in a manner that falsely suggests affiliation, sponsorship, or endorsement;
- Harvest personal information about Website users;
- Use the Website to send spam or unauthorized advertising; or
- Use the Website in any manner that violates applicable federal, state, local, or international law.
Intellectual Property
Unless otherwise indicated, the Website and its contents are owned by, controlled by, licensed to, or used with permission by Balanex Media Group, Jhonny Nortè, or applicable third-party rights holders. Protected content may include, without limitation: the Jhonny Nortè name and branding, logos, album and single artwork, photographs, videos, music recordings, musical compositions, lyrics, website copy, graphics, merchandise artwork, product designs, audio, visual designs, software, website layouts, and other original materials.
Nothing on the Website grants you ownership of our intellectual property. Except as permitted by law or expressly authorized in writing, you may not reproduce, sell, license, publicly distribute, commercially exploit, modify, or create unauthorized derivative works from our protected materials.
Artist Name, Image and Likeness
The Jhonny Nortè artist identity, name, image, photographs, voice, visual presentation, likeness, branding, and related publicity rights may not be used commercially without authorization. You may not falsely imply that a product, event, service, recording, advertisement, account, or other project is officially affiliated with, sponsored by, endorsed by, or produced by Jhonny Nortè or Balanex Media Group.
Fan Use
We appreciate lawful fan activity and ordinary sharing of publicly available links and social posts. However, fan activity does not grant permission to manufacture merchandise, sell artwork, redistribute music files, create counterfeit products, impersonate official accounts, or commercially exploit our intellectual property.
DMCA and Intellectual Property Complaints
We respect the intellectual property rights of others. If you believe that content appearing on the Website infringes your copyright or other intellectual property rights, you or your authorized representative may send us a written notice.
Your notice should include:
- Your physical or electronic signature;
- Identification of the copyrighted or protected work you believe has been infringed;
- Identification of the allegedly infringing material and sufficient information for us to locate it;
- Your name and contact information;
- A statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
- A statement, made under penalty of perjury where applicable, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
DMCA and intellectual property notices may be sent to:
Balanex Media Group — DMCA Notices – Jhonny Nortè
policies@jhonnynorte.com
1603 Capitol Ave, Ste 413, Cheyenne, WY 82001, United States
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANEX MEDIA GROUP, JHONNY NORTÈ, AND THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM A PURCHASE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE TRANSACTION GIVING RISE TO THE CLAIM. Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, the applicable limitations will apply only to the extent permitted by law.
No Warranty on Website
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Balanex Media Group, Jhonny Nortè, and their respective officers, representatives, employees, contractors, and agents from claims, liabilities, damages, judgments, losses, costs, and expenses arising from your unlawful use of the Website, your violation of these Terms, User Content you submit, your infringement of another party’s rights, or fraudulent or unauthorized conduct attributable to you.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.
Before filing a formal claim, we encourage you to contact us so that we may attempt to resolve the matter informally. Unless applicable law provides otherwise, any controversy or claim arising out of or relating to these Terms or the Website shall be brought in a court of competent jurisdiction located in Laramie County, Wyoming.
Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BALANEX MEDIA GROUP AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Changes to These Terms
We may update these Terms periodically to reflect changes to the Website, our products, our business, applicable law, or our practices. When we make changes, we will update the Last Updated date displayed at the top of this page. Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
Contact Us
Jhonny Nortè / Balanex Media Group
policies@jhonnynorte.com
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
United States