Terms of Service and User Policy

These Terms of Service and User Policy (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and CrankCast Jukebox, LLC, a New Mexico limited liability company (“CrankCast,” “we,” “us,” or “our”), concerning your access to and use of https://crankcastjukebox.com and any related pages, forms, embeds, audio players, and communications (collectively, the “Site”), and, to the maximum extent permitted by law, any inquiry, proposal, hang, placement, service call, or other dealing with CrankCast.

BY ACCESSING THE SITE, SUBMITTING A FORM, CALLING US, EMAILING US, OR OTHERWISE DEALING WITH CRANKCAST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE AND DO NOT REQUEST A HANG.

If you are accepting these Terms on behalf of a venue, company, or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.

A separately signed placement, revenue-share, or hang agreement between you and CrankCast (a “Hang Agreement”) controls in the event of a direct conflict with marketing copy on the Site. These Terms control all other matters, including use of the Site, privacy, intellectual property, related-entity disclaimers, and dispute resolution, and they survive any Hang Agreement to the extent they do not contradict it.

The contracting party is CrankCast Jukebox, LLC, with a principal place of business at 2110 Tower Dr, Carlsbad, NM 88220, United States. Telephone: 833.721.8266. Email: [email protected].

You acknowledge and agree to the following ownership and affiliation facts, which are material terms of this agreement:

• CrankCast Jukebox, LLC is the operator that hangs, owns, and services AMI NGX Curve commercial digital jukeboxes under Hang Agreements.
• CrankCast holds a minority ownership interest in Rock Rage Network. Rock Rage Network is a distinct business. Rock Rage Network programming is not the catalog, soundtrack, or licensed repertoire on any CrankCast jukebox. Any radio player on the Site is promotional partner audio only and is not part of a venue license.
• CrankCast holds a majority ownership interest in CrankCast TV. CrankCast TV is a distinct product and is not the jukebox, not a substitute for a Hang Agreement, and not promised as a deliverable unless a Hang Agreement expressly says so.
• Cranked Up Records is a separate business entirely. It functions independently of CrankCast. CrankCast does not operate Cranked Up Records, does not warrant its catalog or distribution, and is not liable for its contracts, artists, or acts.
• Carlsbad Live is a separate business entirely. It functions independently of CrankCast. CrankCast does not operate Carlsbad Live, does not hold its venue-management contracts, and is not liable for its events, facilities, or acts.
• AMI Entertainment (including AMI Entertainment Network and the AMI Music app) manufactures and/or platforms the NGX Curve hardware and related software. AMI is not a party to these Terms and is not a guarantor of CrankCast. Mentions of AMI describe hardware we hang, not a joint venture, agency, or partnership with AMI unless a writing signed by AMI says otherwise.
• TouchTunes is a third-party platform. CrankCast is not TouchTunes, is not affiliated with TouchTunes, and does not assume any TouchTunes contract, debt, or equipment obligation unless a Hang Agreement expressly so provides.
• Officers, members, managers, employees, and contractors of CrankCast (including Chad Jones and Curtis McKinney) act for the LLC in that capacity. Other titles they hold at other companies do not make those companies liable for CrankCast, and do not make CrankCast liable for those companies.

No Site copy, footer link, photograph, biography, ticker, or “footprint” language creates a partnership, joint venture, agency, alter-ego, or single-employer relationship among CrankCast, Rock Rage Network, CrankCast TV, Cranked Up Records, Carlsbad Live, AMI Entertainment, Virgin Music Group, The Label Group, or any other named third party. Links to third-party sites are convenience links only.

The Site is an invitation to inquire. It is not an offer, not a quote, not a franchise disclosure, not a securities offering, and not a Hang Agreement. Revenue splits, service levels, hang dates, territories, and equipment are set only in a Hang Agreement signed (including electronic signature) by an authorized manager of CrankCast.

Descriptions of “$0 to hang,” “we pay ASCAP, BMI, SESAC, and GMR,” “you keep a cut,” hang times, markets, and specifications are good-faith summaries of CrankCast’s ordinary model. They are not warranties. Actual terms may differ by room, occupancy, music use, and written agreement.

Markets listed as live or loading may change. Tennessee or any other market described as “loading” is not a commitment to hang there.

Unless a Hang Agreement says otherwise: CrankCast owns the jukebox, the hang hardware, and the operator relationship. You do not purchase the machine by hanging it. You do not acquire title, a security interest, or a right to remove, sell, pawn, or encumber the unit.

When CrankCast states that it pays ASCAP, BMI, SESAC, and GMR, that statement applies only to public-performance fees for musical works actually performed through the CrankCast-hung jukebox on CrankCast’s operator account, to the extent those societies’ licenses cover that use. It does not cover, and CrankCast does not pay for:

• Live bands, DJs, karaoke, cover charges tied to live entertainment, or house-played recorded music that does not go through the box;
• A phone, tablet, laptop, Bluetooth speaker, aux cable, or personal Spotify / Apple Music / YouTube account used in the room;
• Synchronization, master-use, theatrical, or other licenses that are not public-performance licenses for the box;
• Mechanical, neighboring-rights, or sound-recording claims outside the operator license;
• Advertising, trivia, or signage content you supply;
• Any period after the Hang Agreement ends or the box is removed.

You remain solely responsible for licensing everything that is not the box. Personal streaming accounts in a commercial room are not a substitute for a commercial license. CrankCast is not your lawyer and does not give legal advice on performing-rights societies.

The AMI Music app, tap-to-pay, bill acceptors, video output, and RGB features depend on AMI’s network, your internet, power, and the physical room. Interruptions can happen. CrankCast’s service obligation, if any, is only what the Hang Agreement states.

You may use the Site only for lawful inquiries about CrankCast’s commercial jukebox placement. You agree you will not:

• Scrape, spider, harvest, or index the Site with any automated system except generally available search-engine crawlers that honor robots.txt;
• Probe, reverse engineer, overload, or interfere with the Site, the radio player, embeds, or our systems;
• Submit false names, venues, or contact data, or impersonate another person or entity;
• Upload malware, or post defamatory, infringing, or unlawful content;
• Use the Site to solicit our venues, technicians, or staff for a competing operator;
• Frame the Site or imply AMI, TouchTunes, Rock Rage Network, Cranked Up Records, or Carlsbad Live endorses you;
• Use any content from the Site to train a commercial AI model except as allowed by an express written license from CrankCast.

If you submit a hang request, email, voicemail, text, or other message, you grant CrankCast a non-exclusive, worldwide, royalty-free license to use that information to evaluate the room, contact you, and perform a Hang Agreement. You represent that the information is accurate and that you are authorized to give it.

You agree we may call, email, or text the numbers and addresses you provide, including via autodialer or prerecorded voice where permitted by law, about your inquiry and our services. Consent is not a condition of hanging a box. Message and data rates may apply. You may opt out of marketing messages as the message instructs; transactional messages about an active hang may continue as allowed by law.

Do not send confidential passwords, payment-card data, or protected health information through the Site form. The Site is not a HIPAA, PCI, or attorney-client channel.

This Section 7 is the User Policy and privacy notice for the Site.

We collect: (a) information you choose to send (name, venue, role, phone, email, city, and the content of your message); (b) standard technical data such as IP address, browser, device, referring URL, and pages viewed; (c) analytics events such as phone and email clicks if Google Analytics or a similar tag is active; and (d) audio-player interactions on the Site.

We use that information to respond to inquiries, operate and secure the Site, measure demand, perform Hang Agreements, and comply with law. We do not sell personal information as “sell” is defined in the California Consumer Privacy Act. We may share information with service providers (hosting, analytics, email, telecom), with professional advisors, and if required by law, legal process, or to protect rights, safety, or the box.

Because CrankCast is based in New Mexico and serves venues in multiple states, your information may be processed in New Mexico and other U.S. locations. If you are in a state with consumer-privacy rights (including California, Colorado, Connecticut, Virginia, Texas, or others), you may request to know, correct, or delete personal information we hold about you by emailing [email protected]. We will verify and respond as required by applicable law. We will not discriminate against you for exercising those rights.

The Site is not directed to children under 13, and we do not knowingly collect data from children. Hang inquiries must be made by adults authorized for the venue.

Third-party embeds (YouTube, Spotify, AMI, fonts, maps, or analytics) are governed by those parties’ policies. We do not control their cookies. You can block cookies in your browser; some Site features may then fail.

We retain inquiry records as long as needed for the relationship, disputes, tax, and legal holds, then delete or de-identify them in the ordinary course.

The Site, including text, layout, photographs, logos, neon lockups, copy, and compilation, is owned by CrankCast or its licensors and is protected by U.S. and international intellectual-property laws. CrankCast, Hang the box. Keep the cut., and related marks are trademarks of CrankCast Jukebox, LLC.

AMI, NGX Curve, AMI Music, TouchTunes, Rock Rage Network, Cranked Up Records, Carlsbad Live, Virgin Music Group, and other third-party names are the property of their owners. Use on the Site is for identification only and does not imply endorsement.

You may not copy, scrape, or reuse Site content, owner photographs, or machine photographs for commercial purposes without our prior written consent. You may share a link to the Site.

The Site may embed or link to YouTube, Spotify, AMI, radio streams, and other services. Those services can fail, change terms, or serve ads. CrankCast is not responsible for third-party content, outages, or terms.

Nothing on the Site appoints you as our agent, or appoints us as your agent, except as a Hang Agreement states for the limited purpose of hanging and servicing the box.

Some jurisdictions do not allow disclaimer of implied warranties; in those jurisdictions, the disclaimer applies to the fullest extent permitted.

THE SITE AND ALL INFORMATION ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRANKCAST DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY REVENUE, FOOT TRAFFIC, OR LICENSE SAVINGS FIGURE WILL BE ACHIEVED. ORAL STATEMENTS BY STAFF, OWNERS, OR THE RADIO PLAYER DO NOT CREATE WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRANKCAST’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). LIABILITY ARISING OUT OF A HANG AGREEMENT IS LIMITED AS THAT AGREEMENT STATES, AND IF IT IS SILENT, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO CRANKCAST UNDER THAT AGREEMENT IN THE THREE (3) MONTHS BEFORE THE CLAIM (WHICH MAY BE ZERO).

Related entities named in Section 2 — including Rock Rage Network, CrankCast TV, Cranked Up Records, Carlsbad Live, AMI Entertainment, and TouchTunes — have no liability to you under these Terms. You waive any attempt to reach those entities on an alter-ego, single-business-enterprise, joint-venture, or similar theory based on Site copy, photographs, or owner biographies.

These limits are a material basis of the bargain. You agree they apply even if a remedy fails of its essential purpose. Liability that cannot be limited under New Mexico law remains only to that non-waivable extent.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRANKCAST, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE, THESE TERMS, A HANG, THE BOX, OR ANY RELATED-ENTITY DISCLAIMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

You will defend, indemnify, and hold harmless CrankCast and its members, managers, officers, employees, and agents from and against any claim, damage, loss, cost, and reasonable attorneys’ fee arising out of or related to: (a) your use of the Site; (b) your venue, guests, or employees; (c) music, video, or advertising not performed through the CrankCast box; (d) your breach of these Terms or a Hang Agreement; (e) your violation of law, including performing-rights and liquor laws; and (f) any attempt to treat Cranked Up Records, Carlsbad Live, Rock Rage Network, or CrankCast TV as CrankCast or as jointly liable based on this Site.

These Terms, the Site, any Hang inquiry, and any dispute, claim, or controversy arising out of or relating to any of the foregoing, or to a Hang Agreement (unless that agreement specifies a different but New Mexico forum), the box, marketing statements, or the relationship between you and CrankCast (a “Dispute”), are governed by the laws of the State of New Mexico, United States of America, without regard to conflict-of-laws rules that would choose another state’s or country’s law.

EXCLUSIVE VENUE. YOU AND CRANKCAST AGREE THAT ANY DISPUTE SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF THE STATE OF NEW MEXICO SITTING IN EDDY COUNTY, NEW MEXICO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO, AND IN NO OTHER COURT. THIS FORUM-SELECTION CLAUSE APPLIES EVEN IF YOU, YOUR VENUE, YOUR COMPANY, OR THE EVENTS GIVING RISE TO THE DISPUTE ARE LOCATED IN TEXAS, OKLAHOMA, ARIZONA, MINNESOTA, TENNESSEE, OR ANY OTHER STATE OR COUNTRY.

You irrevocably consent to personal jurisdiction in those New Mexico courts, waive any objection based on venue, jurisdiction, or forum non conveniens, and waive any claim that New Mexico is an inconvenient forum. You agree that a judgment of those courts may be enforced in any other jurisdiction.

You agree that service of process by certified mail, return receipt requested, or overnight courier to the address you provide, or to 2110 Tower Dr, Carlsbad, NM 88220 for CrankCast, is sufficient. CrankCast may also serve you at the venue address identified in a Hang inquiry or Hang Agreement.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties agree that the box and Site are not consumer goods for purposes of displacing this forum clause as between commercial venues and CrankCast.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CRANKCAST WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY IN THE NEW MEXICO FORUM STATED ABOVE. IF A COURT HOLDS THE CLASS WAIVER UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST STILL BE LITIGATED ONLY IN THE NEW MEXICO FORUM, AND ALL OTHER CLAIMS REMAIN SUBJECT TO THIS SECTION.

Unauthorized use of the Site, the CrankCast name, owner photographs, or an attempt to hold related entities jointly liable, or to remove, tamper with, or encumber a CrankCast-owned box, would cause irreparable harm. CrankCast may seek injunctive or other equitable relief in the New Mexico forum (or, for emergency relief to protect a physical box, in the county where the box sits) without posting a bond greater than the law requires.

Entire agreement. These Terms are the entire agreement between you and CrankCast regarding the Site and, together with any Hang Agreement, regarding the relationship. They supersede prior oral or written Site-related terms.

Changes. We may update these Terms by posting a new version on the Site with a new “Last updated” date. Continued use after posting constitutes acceptance. For a signed Hang Agreement, changes to these Terms do not amend that agreement unless signed.

Severability. If a provision is held unenforceable, it is modified to the minimum extent required, or severed, and the rest remains in force. The New Mexico exclusive-forum clause is intended to be enforced to the maximum extent possible.

No waiver. A failure to enforce a provision is not a waiver. Waivers must be in a writing signed by CrankCast.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor. These Terms bind permitted successors.

Force majeure. CrankCast is not liable for delay or failure caused by events beyond reasonable control, including utility failure, AMI network failure, weather, labor dispute, epidemic, or government action.

Export and sanctions. You represent you are not prohibited from dealing with a U.S. company under applicable sanctions laws.

Notices. Legal notices to CrankCast must be sent to CrankCast Jukebox, LLC, 2110 Tower Dr, Carlsbad, NM 88220, with a copy to [email protected]. Notices to you may be sent to the contact you provided.

Headings. Headings are for convenience only.

Survival. Sections 2, 4, 6 through 16 survive termination or cessation of Site use.

Language. The controlling language is English.

Construction. These Terms shall not be construed against the drafter. Both parties had the opportunity to obtain counsel. You agree you are not relying on any statement not set out here or in a Hang Agreement.

CrankCast Jukebox, LLC, 2110 Tower Dr, Carlsbad, NM 88220, United States. Telephone 833.721.8266. Email [email protected]. Put “Terms,” “Privacy,” or “Legal” in the subject line.