Legal

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.