Terms and Conditions
Way Contagious Tunes, LLC Terms and Conditions
Effective as of: April 21, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions," “Agreement”) carefully before using the http://waycontagioustunes.com website and the http://sensitiverobotmusic.com website (the "Service," the “Website”) operated by Way Contagious Tunes, LLC (“WCT,” “Company,” "us," "we," or "our").
We refer to this Agreement, our Privacy Policy accessible at https://www.sensitiverobotmusic.com/Privacy-Policy/, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." YOU EXPLICITLY AND IMPLICITLY AGREE TO BE BOUND BY OUR LEGAL TERMS EACH TIME YOU ACCESS OUR WEBSITE. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Way Contagious Tunes, LLC.
Way Contagious Tunes, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Way Contagious Tunes, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio including without limitation all musical compositions and sound recordings (collectively “Musical Works”), design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, and all related names, logos, product and service names, designs, images and slogans are trademarks of WCT or its affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
Except as expressly granted to you in an applicable music license agreement, you have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by WCT. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws.
Governing Law
This Agreement shall be governed by and construed in accordance with the Laws of the State of California and the jurisdiction of any dispute hereunder shall be with the United States Court, located in Los Angeles, California.
Exclusive Remedy
The compositions (“Compositions”), music libraries (“Libraries”), and Websites are provided "as is," with all faults and without warranty of any kind. All warranties are disclaimed, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party intellectual property rights, or that the Website functions, including your ability to download Compositions, will meet your requirements or that its operation will be uninterrupted or error-free or that the Website will be virus-free. The entire risk as to the quality and performance of the Website is with us. This disclaimer applies to and is for the benefit of the Company, its subsidiaries, affiliates, agents, vendors, third parties, and licensors.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we, or our affiliates, subsidiaries, agents, vendors, or licensors be liable to you or any third party for any damages of any kind, including but not limited to punitive, exemplary, special, incidental, direct, indirect, or consequential damages (for example, damages for loss of business or personal profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service or the provision of or failure to provide direct or indirect Support Services, even if we have been advised of the possibility of such damages. In no event shall our liability for any damages, regardless of kind or type, to you or any other person exceed the amount paid by you with respect to this Agreement.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any Terms and Conditions on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
Contact Us
If you have any questions about these Terms, please contact us at the mailing address below, or via the Website contact form.
Way Contagious Tunes, LLC
1812 W. Burbank Blvd. #481
Burbank, California 91506