Updated: September, 30 2024
These terms and conditions (“Terms Of Use”) outline how you may access and use the Industry Music website (“Website”, “site”) and its content. In the event you choose to enter into any other agreements with us or our affiliates, all terms, conditions and provisions set forth therein shall apply additionally and separate of the Terms of Use stated below.
By using this Website, you hereby affirm and agree to be bound by the Terms of Use herein. These Terms of Use constitute a binding contract between you (on behalf of yourself and any clients you have been selected or hired to represent) and Industry Music (“we”, “us”, or “our”). This Website is intended strictly for registered users, prospective customers and clients of Industry Music. Any use of the Website and its content in any manner not expressly granted herein is strictly prohibited. Violations of these Terms of Use may result in us temporarily or permanently disabling your access to the Website and its content, in addition to legal consequences. This Website is for adults over the age of 18 and we continuously use our best efforts to avoid violating any applicable laws and regulations regarding minors, including compliance with the Children's Online Privacy Protection Act (COPPA).
Our Website contains intellectual property owned and/or controlled by Industry Music. This property includes, but is not limited to all musical compositions, sound recordings, artwork, graphics, images, photographs, lyrics, text, logos, trademarks, service marks, etc. (Please notify us immediately about any possible infringements upon your rights by any material on our Website.) Upon registering an account with our Website, you may be allowed to download our copyrighted compositions, sound recordings and its associated artwork for the purposes of auditioning the material for prospective projects. You must secure a license agreement from us in order to lawfully use any downloaded material from our Website beyond the scope of auditioning it. Please contact us at licensing@industrymusic.com to discuss any usage requests. Any violations or infringements by you upon Industry Music’s rights shall constitute a cause for legal action against you.
Industry Music expressly reserves and opts out of any copyright exception for text or data mining, web scraping, or similar reproductions, extractions, or uses (“TDM”) of any Industry Music content (including, but not limited to, musical compositions, lyrics, audio recordings, audiovisual recordings, artwork, images, data, etc.). This reservation applies to any purposes, including the training, development, or commercialization of any AI system, and by any means, including bots, scrapers, or other automated processes.
Industry Music’s rights reservations apply to all existing and future Industry Music content, and this reservation of rights set forth herein is without prejudice to any and all prior reservations of rights and legal rights and remedies, all of which are expressly reserved.
You hereby represent and warrant:
(a) you are over 18 and have the full power and authority to enter into and perform under these Terms of Use;
(b) all registration and other information you provide to us is true and accurate, and you agree not to impersonate or misrepresent your affiliation with any person or entity;
(c) upon registering with the Website, you will maintain the confidentiality of all aspects of your user account, including but not limited to your username and password, and you will not share with and/or assign or transfer any aspects of your account to any other person or entity;
(d) you will immediately notify us of any unauthorized use of your account or any other breach of security;
(e) you will guard and protect against any unlawful use of material you download from the Website and will immediately notify us of any such instances should they occur;
(f) you will not use any data mining, robots scripts, spiders, Trojan horse or any other data gathering or extraction method in connection with your use of the Website;
(g) your use of our Website will not infringe upon any of our rights or the rights of any third party; and
(h) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms of Use.
Our Website may from time to time contain links to third party websites as a courtesy to you. We are not responsible for any content or services provided by any third party websites, and any links to them on our Website does not constitute approval or endorsement of them by us. Industry Music disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims, fines, judgments, losses and damages (including attorneys' fees and court costs) arising from or relating to any (i) breach of these Terms of Use by you; (ii) misuse of our Website and its content by you; and/or (iii) any other violation by you that infringes upon any third party’s rights.
Your use of the Website on behalf of yourself or on behalf of any corporation or entity is at your own risk with no expressed or implied warranties whatsoever from us. We assume no responsibility and are not liable for any damages that may arise through your own use of the Website and its content. You hereby waive all liability of Industry Music, its affiliates, successors, assigns, employees, contractors and representatives for any direct, indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorney’s fees) even if notified in advance of such possibility, including, without limitation damages related to unauthorized access to or alteration of your transmissions or data, the content or ay errors or omissions in the content, even if advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In such case, you agree that in no event shall Industry Music’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) exceed $100.00.
(a) We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability.
(b) If any provision of these Terms Of Use are held to be void, voidable, invalid, inoperative, or unenforceable, no other provision shall be affected as a result thereof, and the remaining provisions of these Terms Of Use shall remain in full force and effect.
(c) Any updates or changes to these Terms Of Use will be posted on this page. Please review this page periodically.
These Terms Of Use and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, the laws and procedures of the State of California, U.S.A. You submit to the jurisdiction of the courts located in Los Angeles, California, and agree that such courts shall have exclusive jurisdiction, over any action, suit or claim.
Any notices from us may be made through email to the most recent email address you provided and/or by us posting a message on the Website. Any notices from you to us may be sent to:
Industry Music
P.O. Box 680533
Franklin, TN 37068
info@industrymusic.com
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