- User’s Acknowledgment and Acceptance of Terms
- Description of Services
We make various services available on this site, including, but not limited to, business to business, business to customer services for digital media storage, presentation, distribution, and other like services (“services”). You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
- Registration Data and Privacy
To access some of the services on this site, you will be required to use an account and password obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. You must be 18 years or older to use the site. By using and/or registering for an account on the site, you represent and warrant that you are of age 18 years or older and that you can understand, agree to and comply with the Terms of Service.
- Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, video, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You are solely responsible for your interactions with other site users. We reserve the right but have no obligation to become involved in any way with disputes between you and other site users.
You may also not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
Also, by way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights (such as rights of privacy and publicity) of others;
- Use other Members’ data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members;
- Use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the operation of the site;
- Modify, adapt, translate, or reverse engineer any portion of the site, or use any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion of the site;
- Reformat, embed or frame any portion of the web pages that are part of the site without permission;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the site;
- Harvest or collect email addresses or other site members’ contact information, including usernames, from the site by electronic or other means.
- Reproduce any image or photograph posted on the site without permission from the content owner.
You agree that we may at any time, at our sole discretion, terminate your membership, account, or other affiliation with our site without liability and prior notice or explanation. Also, you acknowledge that you will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal activity.
- Third-Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience. It does not imply endorsement of, or association with, the site or party by us or any warranty of any kind, either express or implied.
- Intellectual Property Information
We do not claim any ownership rights in any content created by or owned by you that you submit, post, or display on or through the site. By submitting, posting, or displaying any content on or through the site, you hereby grant Us a limited, non-exclusive, fully-paid, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the site for purposes of providing site’s services. The license does not grant Us the right to sell your content, nor does the license grant Us the right to distribute your content to a third party without your permission.
You represent and warrant that: (i) you own the content posted by you on or through the site or otherwise have the right to grant the license outlined in this section, and (ii) the posting of your content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to execute any document necessary to ensure that We do not have to pay royalties for using any content you create and post to the site. You agree to pay for all royalties, fees, and any other monies owing to any person because of any content posted by you to the site.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed if any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
- Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes a posting has infringed its copyright, trademark, or other property rights on this site, you or the user should notify our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identify the copyrighted work in sufficient detail that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- If possible, provide information sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: SmithMusic.com LLC
Address: 131 E Exchange Ave. Ste 102 Fort Worth TX 76164
If you are unsure about your rights in respect of your copyright material or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a notice to Us. This ‘notice and takedown process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a notice to Us in bad faith.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If We remove your content for infringing someone else’s copyright, and you believe We have removed it in error, We will provide you with an opportunity to appeal.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS made AT YOUR DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH A THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of this site’s users. Therefore, delays and disruptions of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. At our own expense, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
- E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except expressly noted or contradictory, including these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.
Accounts may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
- International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their initiative and are responsible for local laws compliance. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
- Termination of Use
Upon termination or suspension, regardless of the reasons, therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension, except as otherwise provided in a written contract between you and Us. Our proprietary rights, disclaimer of warranties, licenses under this and any other agreement, indemnities, limitations of liability, and miscellaneous provisions shall survive any termination of your account.
- Governing Law
We control this site (excluding any linked sites) from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Southern District of the State of Texas concerning such matters.
ll notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to Customer Service’s attention at firstname.lastname@example.org, if by email, or at SmithMusic.com LLC, 131 E Exchange Ave. Ste 102 Fort Worth TX 76164 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. Also, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the site and related services.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site or use or access it.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information