Legal

ED WOOD MUSIC IS PRODUCTION MUSIC LIBRARY. ALL THE MUSIC ON OUR SITE IS FOR SALE AND MUST BE LICENSED THROUGH ED WOOD MUSIC, LLC BEFORE IT CAN BE USED.

ED WOOD SAYS, ‘IT’S ALL GOOD.”

LEGAL INFO

Once you select your music, these Terms and Conditions of Service are a legal agreement between you and ED WOOD MUSIC, LLC (or as referred to as “We,” or “Us”) and spell out the terms and conditions governing the use of the EDWOODMUSIC.COM web site (the “Site”). By becoming a registered user (“User”) or by otherwise using the Site, you agree to be bound by these terms and conditions as well as the terms of any other policies (for example, our “Privacy Policy”), which are hereby incorporated by reference into these Terms and Conditions of Service (all such policies, together with this Terms and Conditions of Service, may sometimes be referred to collectively here and elsewhere on this Site as the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Site. We reserve the right to amend these Terms and Conditions of Service at any time and will post the amended Terms and Conditions of Service here.

EDWOODMUSIC.COM CONTENT

The Site provides information and samples of music and sound that can be licensed or purchased from ED WOOD MUSIC for professional production uses in various forms of media including, but not limited to, advertising, film and television. The Site is intended for business-to-business use, and is not intended for non-professional use by consumers. All materials published on the Site are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ED WOOD MUSIC, LLC. or the party credited as the provider of such Content, software or other materials. You shall abide by all copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Site.

Pursuant to U.S. copyright laws, international conventions and other copyright laws, this Site is protected by copyright as a collective work and/or compilation.  You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.

YOU CANNOT UTILIZE ANY CONTENT FROM EDWOODMUSIC.COM

UNLESS AND UNTIL:

  • YOU AND WE HAVE BOTH EXECUTED THE LICENSE AGREEMENT OR PURCHASE AGREEMENT PROVIDED TO YOU BY ED WOOD MUSIC, LLC AND
  • (2) YOU FULFILL ALL PAYMENT AND OTHER OBLIGATIONS SET FORTH THEREIN.

ED WOOD MUSIC, LLC is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not display, broadcast, reproduce or distribute any of the Content or material on this Site screens for any purpose except as otherwise provided by us, or you may violate our rights or the rights of others granted by copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. No license or other authorization is granted to you or any User for the use of any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property, by virtue of including them on the Site.

ACCESS /AVAILABILITY OF SERVICES /LINKS

The Site may contain links to other related World Wide Web Internet sites, resources and sponsors of ED WOOD MUSIC. Selection of an ad banner or link will redirect you off of the Site to a third party web site. Interactions that occur between you and any such third party web site are strictly between you and such third party and are not the responsibility of ED WOOD MUSIC. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. ED WOOD MUSIC does not assume any liability or responsibility for the actions, products, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party web site.  ED WOOD MUSIC may, in its sole absolute discretion, add, change or remove, any feature or link to any third party web site from the Site and/or to introduce different features or links.

REPRESENTATIONS /WARRANTIES

You represent, warrant and covenant: (i) that you will keep your username (“Username”) and password confidential and shall not allow any third party to use your Username and password in connection with this Site or the Users you contact from your use of the Site; (ii) that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Site or any information or other material obtained through or derived from the Site for commercial purposes (other than as expressly permitted by us or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Site or other computer systems through the Site; or (e) harvest, collect or store information about the Users or Content of this Site; and (iii) that no materials of any kind submitted by you or ED WOOD MUSIC’S use thereof in accordance with the terms and conditions of these Terms and Conditions of Service will (a) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (b) contain unlawful material; (c) constitute false or misleading indications of origin or statements of fact; (d) slander, libel or defame any person or entity; or (e) cause injury of any kind to any person or entity; or (f) violate any applicable laws, rules, regulations or other governmental regulations.  You hereby indemnify, defend and hold ED WOOD MUSIC and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. In the event you do not reasonably fulfill your responsibilities hereunder, ED WOOD MUSIC, LLC  reserves the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of ED WOOD MUSIC, LLC without ED WOOD MUSIC’S prior written approval.

DISCLAIMER OF WARRANTIES

ED WOOD MUSIC neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any User, information provider or any other person or entity using the Site.

The site, and any materials provided by ED WOOD MUSIC or third parties through the site are provided “as is.” ED WOOD MUSIC makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the availability, originality or usefulness of any content on the site. ED WOOD MUSIC does not guarantee that your access to or use of the site or the services available therein will be continuous, uninterrupted, error free or secure. ED WOOD MUSIC makes no guarantee that the products or services offered on the site will meet users’ requirements. You hereby acknowledge that the use of the site and the services available thereon is at your sole risk. 

LIMITATION OF LIABILITY

ED WOOD MUSIC, LLC  shall not be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of, or inability to use, the site, the access software or any of the content or materials included on the site, or any damage or loss interruptions, deletions of files, errors, defects or delays in performance of the site, regardless of the claim or the nature of the cause of action, even if ED WOOD MUSIC has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. To the fullest extent permissible under applicable law,  ED WOOD MUSIC’s aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100) or, in the event a license agreement or purchase agreement is entered into between a User and ED WOOD MUSIC, the amount of any license or purchase fee actually paid.

SYSTEM INTEGRITY

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

PERSONAL INFORMATION

In accessing the music on the Site, you may be asked to provide certain personal and non-personal information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.  Our use of any such information provided by you shall be governed by our Privacy Policy, the terms and conditions of which are incorporated into this Agreement, and you are encouraged to review our policy.

TERMINATION

ED WOOD MUSIC may, in its sole discretion, terminate or suspend your access to the Site or refuse service at any time, without notice, to all or part of the Site for any or no reason, including, without limitation, breach of the Agreement or the repeated infringement of copyrights owned by us or third parties. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or ED WOOD MUSIC employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ED WOOD MUSIC employee, User or other individual.

WHO CAN USE EDWOODMUSIC.COM?

By registering with this web site, requesting licenses or purchase agreements from EDWOODMUSIC.COM or providing EDWOODMUSIC, LLC with any information, you represent to EDWOODMUSIC that you are 18 years of age or older and that any information you provide to ED WOOD MUSIC about a third party is for a third party that is 18 years of age or older. This Site is not intended for or directed to persons under the age of 18, Since all Content usage requires the User of this Site to enter into a legally binding agreement.

PERSONAL INFORMATION

When you use EDWOODMUSIC.COM, we may request your first and last name, business home or other physical address, including your street name and address and name of your city or town, your telephone number, email address or other contact information. We may also collect information actively generated by the license or purchase of any Content or service. We use this information to complete, support and analyze your requests or purchases from ED WOOD MUSIC and use of the Site, to contact you later if necessary regarding your Content request or purchase or to answer any questions you might have, to provide you with information about new features or Content on the EDWOODMUSIC.COM website, for internal purposes and to comply with any requirements of law. This information may be disclosed to our staff and to third parties involved in the completion of your transaction, the preparation of written agreements between you and us, or the analysis and support of your use of the Site. You may also simply choose not to provide your personal contact information at the point of collection; however, if you do not provide such information, we will be unable to satisfy your request.

NAVIGATION/CLICKSTREAM DATA

We may gather navigational and clickstream data to show what pages are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to complete, analyze and support your requests from EDWOODMUSIC.COM and use of the Site to comply with any requirements of law and to determine the commissions, if any, for our affiliates and third parties. This information may be disclosed only to our staff and to third parties involved in the completion of your transaction, the satisfaction of your order, and the analysis and support of your use of the Site.

DISCLOSURES

We may disclose your information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or ED WOOD MUSIC has good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on ED WOOD MUSIC or (2) to protect and defend the property or rights of ED WOOD MUSIC, the users of the Site or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk protection. If ED WOOD MUSIC should ever merge with another company, we may share your personal information with the company we merge with.

ED WOOD MUSIC uses cookies to keep track of your activities and to remember you when you return to Site. They cannot harm your computer and they do not contain any personal or private information. You must accept cookies to utilize EDWOODMUSIC.COM. We generally keep user data on our server or in our archives for as long as we reasonably need it.

EDWOODMUSIC.COM may some day contain links to third party websites. ED WOOD MUSIC is not responsible for the privacy practices or the content of such websites. When you click on a link, you are essentially taken to the third party’s web site and your use of these third party websites is entirely at your own risk.

By logging onto the EDWOODMUSIC.COM web site, you agree to the above Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms and Conditions Of Service take precedence over any conflicting Privacy Policy provision. We may change our Privacy Policy by posting a new version of the policy on this page. It is your responsibility to review our Privacy Policy frequently as all changes become effective immediately upon posting.

This web site operates AS-IS and AS-AVAILABLE, without liability of any kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by California law, excluding conflicts of law principles. Any legal actions against us must be commenced in California within one year after the claim arose unless otherwise allowed by statute or be barred and you hereby submit to the personal jurisdiction of such courts in connection with same and agree to waive any objection to such personal jurisdiction for any reason including, without limitation, forum nonconveniens.

If you have a privacy question or any question at all about the EDWOODMUSIC.COM web site, contact us by email:

edwoodmusiclibrary@gmail.com or bppro.atl@gmail.com