Terms and Conditions

DurangoSong.com Terms of Use

THIS AGREEMENT WAS LAST UPDATED ON MARCH 6, 2003.

By clicking on the Join Now link and placing an order with our company, you agree that you have read, understand and will abide by our company's Terms of Use described below.

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BY ACCESSING AND USING THIS DURANGOSONG.COM LLC WEB SITE (the "Site"), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE.

By using the Site, you are representing that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing the Site). DurangoSong.com may modify these Terms of Use at any time. Modifications will be posted in these Terms of Use, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes.

Use of Site
Content on the Site may be displayed and printed solely for your personal, non-commercial use. You may not reproduce, copy, sell, resell or otherwise exploit this Site, or any portion of this Site, without the express prior written consent of DurangoSong.com LLC. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at support@durangosong.com.

You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet service providers or airtime charges). You are responsible for those fees. In addition, you are responsible for all equipment necessary to access the Site.

Fees and Payments
DurangoSong.com charges a fee to access the BackStage Members-only features. In order to use the membership features you will be required to register as a Member. All registration information provided by you must be accurate. If any of your registration information changes, contact support@durangosong.com. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. DurangoSong.com reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.

In order to become a Member at DurangoSong.com you must provide valid credit card information. By submitting such credit card information, you give DurangoSong.com permission to charge all fees incurred through your account to the credit card you designate on the Registration Form. All fees (other than renewal fees) will be charged at the time they are incurred.

Your right to use the Site's membership features is subject to any restrictions established by DurangoSong.com or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, DurangoSong.com reserves the right to either suspend or terminate your account.

Non-Transferability of Subscription
Your right to use this Site is personal to you and you may not sub-license, transfer, sell or assign this Agreement to any third party without our approval.

Subscription Renewal and Cancellation
DurangoSong.com will automatically renew and charge your account on or near the date on which your annual subscription would otherwise expire, unless you give notice to DurangoSong.com of your desire to cancel your subscription. Notice of intent to cancel your subscription must be given by sending an email to cancel@durangosong.com no less than 5 days prior to the end of your current membership period. Your cancellation request should include your DurangoSong.com user name and the email address associated with your DurangoSong.com account. If you cancel prior to your renewal date, you will continue to have access to all DurangoSong.com Members-only features for the remainder of the membership term you selected at sign-up. Once your membership term has expired, your access to DurangoSong.com Members-only features will be terminated and you will not be billed for a membership renewal. DurangoSong.com will not pay pro-rated refunds for subscriptions canceled prior to the renewal date, whether such cancellation is initiated by you or is initiated by DurangoSong.com in response to your violation of the Terms Of Use. By accepting these Terms of Use, you give permission to DurangoSong.com to automatically charge your membership fee renewal to your credit card.

Privacy
DurangoSong.com will not sell, rent, or lease your personally identifiable information to others without your consent. The information you provide will be used to support your relationship with DurangoSong.com and to alert you to specific offers, updated information, and other new products and services from DurangoSong.com. If you do not want to receive such e-mailings, simply "opt-out" by the means provided for in the emails or by contacting support@durangosong.com.

Online Conduct
You agree not to submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights. You agree not to target DurangoSong.com or any other user with the intent to cause harm, distress, embarrassment or other discomfort. You agree to use the Site in a manner consistent with applicable laws and regulations. You agree not to use a false email address, impersonate any person or entity, utilize more than one screen name, or otherwise mislead as to the origin of content. If you violate these terms DurangoSong.com may, with or without prior warning, terminate your account without compensation.

Indemnity
You agree to defend, indemnify and hold harmless DurangoSong.com, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.

Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK. OUR WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM OUR SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. DURANGOSONG.COM AND ITS CONTENT PROVIDERS ARE NOT GIVING LEGAL OR OTHER PROFESSIONAL ADVICE.

Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DURANGOSONG.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, including but not limited to reliance on information obtained on the Site, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to DurangoSong.com records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT DURANGOSONG.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM DURANGOSONG.COM OR ITS SUBSIDIARIES AND AFFILIATES.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Intellectual Property
The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, audio clips, digital downloads, data compilations, trademarks, service marks and software, is the exclusive property of DurangoSong.com LLC or its content suppliers and is protected by copyright, intellectual property and/or trademark laws.

Editing, Deleting and Modification of Posted Material
We reserve the right (but not the obligation) in our sole discretion to monitor, edit or delete any documents, activity, information or other content (other than musical compositions and sound recordings not owned by DurangoSong.com ­ see below) appearing on the Site. If you post content or submit material, and unless we indicate otherwise, you grant DurangoSong.com a royalty-free, non-exclusive worldwide right and license, but not the obligation, to post, display, exhibit, edit, reproduce, adapt, translate, print, distribute, archive, make available digitally for download, electronically publish and synchronize with visual images, your content and other materials.

Broadcasting of Submitted Songs
If you submit sound recordings to DurangoSong.com, you grant DurangoSong.com a royalty-free (subject to DurangoSong.com's payment of any applicable fees or royalties that may be imposed by Performance Rights Organizations or required by federal or state regulations governing broadcast music), non-exclusive worldwide right and license, but not the obligation, to post, display, exhibit, stream, archive, stream on-demand, and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet-based protocols, your sound recordings. Your sound recordings will not be made available digitally for download.

Electronic Mail
You agree that we may disclose electronic mail or other postings as required by law or legal officials. YOU AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY YOU ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.

Commerce on our Web Site
You may have opportunities to order and purchase merchandise or services through the Site. All transactions relating to merchandise or services offered by any party other than DurangoSong.com are solely between the seller and you, and you acknowledge that Durangosong.com and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services.

Links
The Site may contain links to other web sites or resources. Durangosong.com is not responsible for the content or operation of such other web sites or resources, and shall have no liability in connection with them.

Miscellaneous Legal Provisions
By accessing the Site, you agree that the laws of the State of Colorado, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DurangoSong.com or its affiliates. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

 
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