Terms & Conditions
Sportmusic.com Terms and Conditions
YOU AND SPORTMUSIC.COM, OWNED AND OPERATED BY ABG WORLD, LLC, (THE “COMPANY”, “WE” OR “US”) AGREE THAT YOUR ACCESS TO AND USE OF THE SPORTMUSIQUE.COM WEBSITE (THE “WEBSITE”), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (THE “AGREEMENT”). THE COMPANY IS WILLING TO ALLOW YOU ACCESS TO THE WEBSITE AND SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. DOWNLOADING OR USING SPORTMUSIQUE.COM SUPPLIED MUSIC PRODUCTS AND/OR USING SPORTMUSIQUE.COM, OR ANY PORTION THEREOF, CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
I. SPORTMUSIC.COM WEBSITE ACCESS
The Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. It is our policy not to permit materials known by us to be infringing on a copyright to remain on this Website. You should notify us promptly if you believe any materials on this Website infringe upon a third party copyright. Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to investigate, and where we deem it necessary remove, or disable access to, the material claimed to be infringing. Written notification of claimed copyright infringement must be submitted in writing to the following Designated Agent for this Website:
Sportmusic.com c/o ABG World, LLC 899 Vanderbilt Beach Road, Suite 116 Naples, FL 34108 USA
1. Links to Other Websites.
Sportmusic.com contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through sportmusic.com does not imply approval or endorsement of the linked website by Us. If you decide to leave sportmusic.com and access these third-party sites, YOU DO SO AT YOUR OWN RISK.
2. Limitation of Liability.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
3. Use of Website Content.
All Content on the Website, is the proprietary property of the Company or its licensors. You may download and use music files and recordings only for training, practice, rehearsal, competition, and public performance, when allowed by applicable law or other agreement.
Subject to the terms of this Agreement, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Website are trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
4. Disclaimer of Warranties.
The Company is not responsible for any incorrect or inaccurate Content published on the Website or in connection with the Services. The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Website or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, the Website or any Content published on the Website.
When downloading any music files from the Website, you will receive a high quality mp3 format file(s). We make no warranties or representations, express or implied, as to the quality achieved by transfer of such files by you to a different storage source.
THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICES.
II. ARTIST DIGITAL DISTRIBUTION 5. Definitions.
The following capitalized terms shall have the following meanings for purposes of this Agreement:
a) “Service” means creative music editing, including but not limited to, sound enhancement, volume amplification, accents and time modifications.
- b) “Digital Master(s)” means (a) all of the contents of files provided either by electronic download and/or on physical media including but not limited to: USB Drive, Hard Drive, and CD; and (b) subsequent copies, updates, modifications, alterations and additions.
- c) “Purchaser” means an athlete and his/her agents, such as legal guardians, parents or coaches, for whose specific use in the sport field/activity, which customarily utilizes music during training, competition, public performance, etc., the Product is purchased.
6. Clearance and Licensing.
In the event that you use a Digital Master not obtained or downloaded from our Website for public competition and/or performance of any kind, you shall obtain and pay for any and all clearances and licenses as may be required for uses of recordings or music files. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Masters, (ii) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in Digital Masters from sales or other uses of Digital Masters, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (iv) any other royalties, fees and/or sums payable with respect to recordings and other materials provided by you to us. You agree that any amount payable to you hereunder is inclusive of any so-called “artist royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction.
7. Additional Warranty Disclaimer.
Additionally, We make no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to the Digital Master and our Service. Company, its owners and providers, do not and cannot warrant the performance or results you may obtain by choosing the Digital Master and/or Service.
8. Indemnification and Infringement.
You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: · your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
- · your use of the Services or the Website in violation of this Agreement; or
- · or your violation of any law or the rights of a third party. Accordingly, you agree to reimburse us and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Website or the Services.
III. GENERAL PROVISIONS 9. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. For any dispute or claim arising out of, or in connection with, this Agreement, the sole venue shall be the Florida state courts located in Collier County, Florida and the Federal Court for Middle District. In such event, you consent to the in person jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt. You agree the Court shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees.
10. Credits, Holds And Offsets.
Please be advised that if we receive any claim or threat or a claim that is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your accounts. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
11. Authority Representation.
You represent that you are at least eighteen (18) years of age, or a parent or legal guardian of the intended Product or Service user under this Agreement and have the authority to sign and be bound by the terms and conditions set forth herein.
This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the parties. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Website after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Website. It is your responsibility to regularly review this Agreement.
I HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.