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Terms of Service
FOR USERS OF THE OWLSONG.COM
WEB SITE
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS GOVERNING
YOUR USE OF
OUR WEBSITE AND OUR SERVICES.
Welcome to the Owlsong LLC web site at owlsong.com! Owlsong ("Owlsong",
"we', "us", "our") provides this website (this
"Site") and any services offered on or through the Site (which
collectively with this Site are referred to as the "Services")
to you, the user, subject to compliance with these terms and conditions
and our other operating rules and policies
relating to the Site and the Services and incorporated into these terms
by this reference (collectively, this "Agreement"). Owlsong
reserves the right to change this Agreement at any time, and your continued
use of the Site or the Services will indicate your consent to the changes.
Accordingly, you should visit this page from time to time to review the
then-current and effective terms and conditions because they are binding
on you. YOUR ACCESS OR USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THIS
AGREEMENT.
USE OF WEBSITE
The Services are provided by Owlsong for users of this Site to provide
information and Services for those throughout the world who are interested
in the music and other productions of OWLSONG LLC and its founder, bassist,
composer and bandleader Alan Lewine. This Agreement provides you with
a personal, revocable, nonexclusive, nontransferable right and license
to use this Site subject to this Agreement. As a condition to your use
of this Site and the Services you agree that you will not: (i) use this
Site or the Services to infringe the intellectual property rights of others
in any way; (ii) use this Site or the Services or make any attempt to
penetrate, modify or manipulate this Site or the Services or any of Owlsong's
hardware or software (or that of its contractors) in order to: invade
the privacy of, obtain the identity of, or obtain any personal information
about (including but not limited to IP addresses of) any Owlsong account
holder or user, or modify, erase or damage any information contained on
the computer of any user connected to the Services; or (iii) reverse engineer
any portion of the Services.
OWNERSHIP
All content, materials and software included in the Services are the property
of Owlsong or its licensors and are protected by United States and international
copyright, trademark and other intellectual property laws. The compilation
of all content on this Site is the exclusive property of Owlsong and protected
by U.S. and international copyright laws. You are only authorized to visit,
view and retain a single copy of pages of this Site solely for your own
records and individual, noncommercial use. You may not otherwise copy,
download, publish or otherwise distribute, modify, sell or exploit any
material on this Site for any purpose without the written authorization
of Owlsong and any other applicable copyright owner. We post copyright
and other legal notices and various credits on pages of this Site and
the Services, which may not be removed even in your permitted copy. All
rights not expressly granted hereunder are expressly reserved to Owlsong.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Owlsong respects the intellectual property of others. On notice, Owlsong
will act expeditiously to remove content on our Site which infringes the
copyright rights of others and to disable the access to the Owlsong web
site and Services by any one who uses them to repeatedly infringe the
intellectual property rights of others. If you believe that our Site contains
elements that infringe your copyrights in your work, please follow our
Notice and Procedure for Making Claims of Copyright Infringement<INSERT
LINK>.
YOUR ACCOUNT
If you are or become a registered user this site, you will be responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer and account, and you agree to accept
responsibility for all activities that occur under your account or password.
Owlsong offers its service only to adults. If you are legally considered
a minor, you may use the Owlsong Service only with consent of a parent
or legal guardian.
PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that you do
not restrict or inhibit any other user from using and enjoying the Services
or any Owlsong property or system, or use this Site, its domain name or
any of the Services to: (i) Engage in or encourage fraudulent conduct
or conduct that would constitute any other criminal offense or give rise
to civil liability; (ii) Distribute in any manner any harmful, obscene
or otherwise illegal or objectionable material of any kind;(iii) Spoof
or otherwise impersonate any individual or entity, or forge, delete or
alter any part of TCP/IP packet header information in any e-mail or other
posting; (iv) Violate or attempt to violate, the security of the Services;
or (v) Assist or permit any persons in engaging in any of the activities
described above.
CONSEQUENCES OF UNACCEPTABLE USE
Owlsong reserves the right to refuse service and terminate your license
to use the Site and your accounts in our discretion, including without
limitation if Owlsong believes that your conduct violates applicable law
or is harmful to the interests of Owlsong, its affiliates, or other users,
or for any other reason in our sole discretion, with or without cause.
We reserve the right to investigate and to involve and cooperate with
law enforcement authorities, and to pursue a civil lawsuit or criminal
prosecution for any alleged or actual illegal activities involving this
Site or any of the Services.
INFORMATION YOU SUBMIT
When you fill forms online, you agree to provide Owlsong current, complete,
true and accurate information as required to complete the online form.
If Owlsong suspects that information you submit is untrue, inaccurate,
not current or incomplete, Owlsong may refuse you access to our Services,
and pursue any appropriate legal remedies.
We may use the e-mail address and other information you submit to us
to respond to your inquiries for information or requests for Services.
Owlsong reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request or avoid
liability.
We welcome your comments and submissions regarding our Site, our artists
and their work. Owlsong does not claim ownership of the materials you
submit to us (your "Submission(s)"). However, by posting your
Submission you grant Owlsong, its affiliates and licensees permission
to use your Submission in connection with the operation of our businesses.
Accordingly, you grant us a royalty-free, nonexclusive, irrevocable right
and license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission, and
to publish your name in any media now known or later devised in connection
with your Submission. Owlsong is under no obligation to post or use any
Submission you may provide and we may remove any Submission at any time
in our sole discretion. By posting a Submission, you warrant and represent
that you own or control all of the rights to your Submission consistent
at least with those required by this paragraph, and that our use of the
Submission, will not violate the rights of any other party.
LINKS
The Site contains links to third-party sites. These links are provided
for your convenience, and Owlsong assumes no responsibility for any content
made available at any third party site. The operations and policies of
third-party sites are governed by the operator of such site. Owlsong urges
you to read the posted access and privacy policy (if any) of these third-party
sites.
RISK OF LOSS
All items purchased from Owlsong are made pursuant to a shipment contract;
the risk of loss and title for such items pass to you upon our delivery
of the items to the carrier.
RETURNS
If a product offered by Owlsong arrives damaged or is not as described,
or if you just don't like it, your sole remedy is to return it in unused
condition with all original packaging within ten (10) days of receipt
for a full refund (less shipping and handling charges), but you may not
then keep any copy for yourself.
WARRANTY DISCLAIMER
YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT,
OR SYSTEM INTEGRATION. OWLSONG DOES NOT WARRANT THAT THE SITE AND ANY
SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE
MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE ATTEMPT TO BE AS
ACCURATE AS POSSIBLE. HOWEVER, OWLSONG DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS
OR OTHER CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT,
OR ERROR-FREE. OWLSONG IS NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL
OR PRICING ERRORS ON THE SITE; OWLSONG RESERVES THE RIGHT TO REFUSE OR
CANCEL ORDERS AT ANY TIME. Some jurisdictions do not allow exclusion of
implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
NEITHER OWLSONG, NOR ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES,
LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF OWLSONG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THESE LIMITATIONS, SO THE FOREGOING MAY NOT APPLY TO YOU. TO
THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE,
THE AGGREGATE LIABILITY OF OWLSONG FOR ANY CAUSE OF ACTION ARISING OUT
OF YOUR USE OF THE SERVICES SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY
INCURRED UP TO $100.
INDEMNITY OF OWLSONG
You agree to indemnify and hold Owlsong, its officers, directors, subsidiaries,
affiliates, and third-party service providers harmless from any claim,
demand, cause of action, debt, loss or liability, including reasonable
attorneys' fees, to the extent that such action is based upon, arises
out of, or relates to a breach of this Agreement or your use of the Services.
This indemnity shall survive the termination of this Agreement.
DISPUTE RESOLUTION; APPLICABLE LAWS
Any dispute relating in any way to your visit to Owlsong or to products
you purchase through Owlsong shall be submitted to confidential individual
arbitration in Washington, DC, except that, to the extent you have in
any manner violated or threatened to violate Owlsong's intellectual property
rights, Owlsong may seek injunctive or other appropriate relief in any
state or federal court in Washington, DC. You consent to exclusive jurisdiction
and venue in such courts and application of the substantive law of the
District of Columbia, U.S., without regard to any conflict of laws provisions.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
GENERAL
This Agreement constitutes the entire agreement between you and Owlsong
with respect to its subject matter and supersedes any prior agreements
between you and Owlsong relating to such subject matter. Certain provisions
of these terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages at this Site or in
conjunction with the Services. The failure of Owlsong to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver
of such right or provision. You may not assert any claim or cause of action
arising out of or relating to your use of the Services more than one year
after the date such claim or cause of action arose. If a court of competent
jurisdiction finds any provision of this Agreement to be invalid, the
court should endeavor to give effect to the parties' intentions, and the
other provisions of this Agreement shall remain in full force and effect.
The section headings used in this Agreement are for convenience only and
have no legal or contractual effect.
If you have any questions about this Agreement or the Services, please
contact Owlsong at:
Owlsong LLC
19 Fourth Street SE
Washington, DC 20003
Telephone: 202/544.4915
Facsimile: 586/283.4766
email alan@owlsong.com
BY USING THE OWLSONG.COM SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF
SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MAY NOT ACCESS
THE SITE OR USE THE SERVICES.
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