TERMS OF USE

 

Please review this Terms of Use prior to accessing and using our website.

 

The website’s Terms of Use govern your access to use of the information contained within the Site. All Users are bound by these non-negotiable terms and conditions. Please also refer to AskMusicLawyer.com’s Terms of Service, Disclaimer, and Privacy Policy, which are incorporated herein by reference. For good and valuable consideration, the receipt and adequacy which is hereby acknowledged and accepted, the Parties (defined below) agree as follows:

 

AskMusicLawyer.com is a Site that provides access to form agreements relevant to the music industry for individuals who wish to prepare their own legal documents. Company has made every attempt to keep its legal documents accurate, current, up-to-date, and obtained from reliable sources, however, Company is not responsible for any errors or omissions or for results obtained from using the content herein. Due to the fact that the law changes rapidly, laws vary from jurisdiction to jurisdiction and may be subject to different interpretation by the courts, Company cannot guarantee that all of the information herein is completely current or fit to your individual facts and circumstances. The information may be considered legal information, but is not to be construed as legal advice. If you require legal advice for your particular situation, you may contact one of our experienced licensed attorneys for a consultation. Your access to the Site and the information herewith is not intended to create an attorney-client relationship with Company nor does it create an attorney-client relationship between you and Company. By using the information on our Site, you are representing yourself in the legal matter.

 

The information provided on this Site is provided “as is”, “as available” and “with all faults” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to the warranty that the information is fit for any particular purpose or that its terms are legally valid and enforceable in any particular jurisdiction. In no event will Company, its affiliates, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Your use of information or materials on the Site is entirely at your own risk.

 

The form agreements and your access to the Site are provided to you on a non-exclusive license basis only for non-commercial uses. You do not have the right or authority to re-license, sublicense, distribute, assign or transfer such license. Copyright in all documents and materials furnished belongs to Company.

 

Parties to this Agreement. The Parties to this Agreement are the consumer (“you”) and AskMusicLawyer.com (“Company”).  As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and this website (our “Site”); the term “user, “you” and “your(s)” is used to refer to you, the consumer. Subject to your acceptance of the Terms of Use set forth in this Agreement, Company agrees to grant you a limited personal non-transferable right to access the contents of our Site. This Agreement is subject to change by the Company at any time and changes shall become effective upon posting said changes. You may not alter, delete, add, change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. It is your responsibility to periodically review these terms and conditions and be bound by them. Any action on your part to bookmark to a page on our Site where the Disclaimer, Privacy Policy, Terms of Service and/or Terms of Use page are bypassed shall constitute an implicit acceptance by you of all the terms and conditions set forth herein as well as an explicit acknowledgment by you of the fact that you are an adult and at least eighteen (18) years of age and fully capable of entering into this agreement. If you do not agree with or accept any of the terms and conditions of this agreement, you are not authorized to use this Site. By using this Site and accessing its Materials, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Term & Termination. There is no fixed term to these Terms of Use. You may terminate this agreement at any time for any reason by cancelling your membership to the Site and discontinuing use of the Site and Materials as described herein. Company also reserves the right to terminate a user's use of the Site at any time without notice or to terminate or suspend access by that user to the Site or cancel any orders, if applicable, if Company has reason to believe that user breached any term or provision of these Terms of Use or failed to comply with any instructions posted on the Site. The provisions of the following Sections shall survive termination or expiration of this Agreement: Third Party Content & External Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Forum.

 

Privacy Policy. Company respects your privacy and takes precautions to protect your information. Upon registering an account with us, you are required to provide complete and accurate personal information. In addition, you grant Company a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate said information solely for the purpose of enabling you to use Company’s service. You may terminate these rights upon revoking said license at any time, by removing your personal information from the service.

 

You may also be required to set up a user name and password for which you are wholly responsible for maintaining its confidentiality. Sharing usernames and passwords with other members is prohibited. Should you become aware of unauthorized use of your account, you must notify Company of such unauthorized use immediately. You may be held liable for any losses incurred by you due to unauthorized use of your account. In no event shall Company be liable for any such losses.  

 

Notwithstanding anything to the contrary, Company reserves the right to use or disclose any information as needed to satisfy any law, regulation, or legal request, to protect the integrity of our Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

 

The Site’s current Privacy Policy can be accessed by clicking here.

 

Ownership & License. This Site is owned and operated by Company and all rights, title and interest in and to all of the materials provided on this Site, including but not limited to documents, forms, information, graphics, logos, images and sounds (the "Materials") are owned by Company. Except as expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way. In addition, unless it is otherwise noted, nothing on this Site shall be construed to confer any license under any of Company's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved by Company.

 

Rights Granted. Company hereby grants you a limited, non-exclusive, non-transferable license to use the Site in strict accordance with these Terms of Use. The Materials provided on the Site are solely for your personal, informational, private and non-commercial use. Any rights not expressly granted herein are reserved to Company. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Site, or any of the Materials. By ordering or downloading any of the form agreements, you agree that the forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed. This grant of rights shall automatically terminate without notice if you breach any of the terms or conditions of these Terms of Use. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes and will be prosecuted to the fullest extent of the law.

 

Use of Forms. On our Site, we offer self-help "fill in the blank" form agreements. The Terms of Use govern your purchase or downloads of forms from our Site. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. Should you require legal advice regarding the use of the forms and applicability to your particular needs, you may contact Company to set up a consultation with an experienced attorney or otherwise seek out competent legal representation.

Copyright & Trademark. ALL RIGHTS RESERVED.

 

Restrictions on Use & Compliance with Laws.  As a condition of your use of the Site, you warrant that you shall not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. You also warrant that you shall not use the Site in any way that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. When accessing the Site and its Materials, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You shall not upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

Dispute Resolution. The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to these Terms of Use.  In the event of a dispute between you and Company, you agree to resolve the dispute through binding arbitration rather than in a court of general jurisdiction. Arbitration is most often used to settle contractual disputes and is a less formal process than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis meaning class arbitrations are not permitted. All claims, disputes controversies, or disagreements of any kind whatsoever, including any claim arising out of or in connection with your use of Company’s services or the termination of membership, that may arise between the parties, that cannot be resolved amicably shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA"), and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof.  The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the AAA as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms of Use. Unless Company agrees otherwise, any arbitration hearings will take place in Atlanta, Georgia. Final and binding arbitration is the exclusive means for resolving the claims outlined in these Terms of Use. This clause is a waiver of all rights you may have to a civil court action on any disputes outlined herein. The fees and costs of the arbitration shall be borne equally by you and the Company, except that everyone shall each pay their own attorney fees or costs of representation for purposes of the arbitration unless otherwise provided by law.  In the event that a dispute arises concerning compliance with these Terms of Use, either party will be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief to enjoin or restrict the other party from such breach or to enjoin or restrict a third party from inducing any such breach.  In seeking any such relief, however, the moving party will retain the right to have any remaining portion of the controversy resolved by binding confidential arbitration. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these terms including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If any specific provision of this arbitration clause is found to be unenforceable, then it is severable from the rest of the arbitration clause.

 

Disclaimer of Warranties. THE SITE AND ALL THE MATERIALS PROVIDED THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR THE MATERIALS CONTAINED HEREIN. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT: (A) THE MATERIALS PROVIDED WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS OBTAINED BY USE OF THE MATERIALS WILL BE FAVORABLE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE MATERIALS WILL MEET YOUR EXPECTATIONS; OR (D) THE SITE OR MATERIALS WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE BASIS. YOU ASSUME ANY AND ALL RISKS ASOCIATED WITH OR WHICH RESULT IN YOUR USE OF THE MATERIALS PROVIDED ON THE SITE. COMPANY SHALL HAVE NO RESPOSNIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR DOWNLOADING ANY MATERIALS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. USER EXPRESSLY AGREES THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS OTHER THAN WHAT IS STATED HEREIN.

 

Limitation of Liability. COMPANY SHALL NOT EVER BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, THAT ARE A RESULT OF, OR ARISE OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR MATERIALS PROVIDED. THIS LIMITATION APPLIES REGARDLESS OF THE BASIS ON WHICH THE CLAIM IS BROUGHT, INCLUDING, BUT NOT LIMITED TO, LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY. THIS LIMITATION APPLIES EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF DAMAGES. IN SUCH JURISDICTIONS THAT DO NOT ALLOW FOR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THAT JURISDICTION.

 

Indemnification. You agree to defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and its respective directors, officers, employees, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, for any indirect, direct, punitive, incidental or consequential damages, injuries, liabilities, losses, costs and expenses (including attorney's fees, litigation expenses and all related costs of any court and/or arbitration proceedings) however it arises, whether in an action of contract, tort, relating to or arising from your use of the Sites any breach by you of these Terms of Use, your negligent or intentional acts, including without limitation any claim for personal injury or property damage, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Site. If Company is found to be liable, it will be limited to the amount paid for the products and/or services and under no circumstances will there be consequential or punitive damages.

 

Unsolicited Submissions. Company does not want you to submit confidential or proprietary information to us through this Site except as may be required in connection with your use of the Site. Company does not accept or consider creative suggestions, ideas or other materials other than those requested on the Site. All comments, suggestions, feedback, information or material (collectively “Submissions”) submitted to Company through or in association with this Site shall be considered non-confidential and shall be deemed and remain Company’s property. By providing such Submissions to Company, you hereby assign to Company, at no charge, all worldwide rights (now known or hereinafter devised), title and interest in and to the Submissions and any intellectual property rights associated therewith. Company shall not be subject to any obligation of confidentiality and shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, including their legality, reliability, appropriateness, originality and content.

 

Third-Party Content & External Links. At times, Company may distribute or display content supplied by third parties on the Site (“Third Party Information”) or links to other third party sites (“Third Party Sites”). Company does not make any warranties or guarantees with regard to such Third Party Information, including but not limited to Third Party Information’s accuracy, usefulness, or completeness. Neither does Company endorse such Third Party Information. Any content expressed or made available by such third parties are the opinions, advice and statements of the third parties and not of Company. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or rights to use any information, materials, trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Site, without the written permission of the applicable third party that may own said materials displayed on Company’s Site. The Third Party Sites are not maintained or controlled by Company and Company is neither aware of nor responsible for said content. Company’s Terms of Use do not govern such Third Party Sites and the inclusion of Third Party Sites does not imply an endorsement or approval of the Third Party Sites. Company expressly disclaims any responsibility for the content, accuracy and legal compliance of Third Party Sites and in no event shall Company be held liable, directly or indirectly, for any loss or damages that results from your use of Third Party Sites or reliance on Third Party Information.  You are cautioned to read the terms of use and privacy polices provided on any Third Party Site before using the Third Party Site.

Governing Law & Forum. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Georgia, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Clause contained in this Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

 

Miscellaneous. The provisions of this Terms of Use are divisible. If any such provision of this Agreement is determined to be void, voidable, unenforceable, or invalid, that provision shall be deemed limited to the extent necessary to render it valid and enforceable and the remaining portions hereof and thereof shall be construed and enforced so as to best effectuate the intention of the parties and the remainder of the Terms of Use shall remain in full force and effect. This Agreement contains the entire understanding between you and Company relative to your use of the Site. 

Ask Music Lawyer.com

Provides a one stop portal designed to inform and enlighten artists, entrepreneurs, managers, producers, songwriters, executives and music industry professionals about current legal and business issues germane to the global  music community.  Content provided are for informational and educational purposes only and do not substitute for retaining a lawyer. We do provide access to skilled attorneys who can provide legal services once directly engaged. Your access to and use of this site is subject to our Terms of Use.

Copyright © 2019 Nam Chi, LLC.

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