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.