TERMS AND CONDITIONS
Last updated: May 19, 2017
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the https://texturetrax.com website (the “Website”) operated by Tactus Productions LLC, an Illinois limited liability company doing business as “Texture Trax” (“us,” “we,” or “our”).
Texture Trax grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of production music and related services through our Website.
Your access to and use of the Website is conditioned upon your acceptance of and compliance with our Legal Terms. Our Legal Terms apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by our Legal Terms. If you disagree with any part of our Legal Terms then you do not have permission to access the Website.
By creating an account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any e-mail we send.
If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Rights Granted/Rights Reserved
Texture Trax provides the Website to you solely for your business purposes. Any music licenses you receive from Texture Trax through the website will be granted pursuant to the procedure set out on the Website and subject to a separate license agreement. The Website may not be used for any other purpose, including but not limited to, publication, reproduction, or transmission of any production music without the express written permission of Texture Trax.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Content found on or through this Website are the property of Texture Trax or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All Purchases are final and non-refundable.
You are permitted three (3) attempts to download a single Purchase of product from the Website. If technical problems prevent or unreasonably delay delivery of a Purchase, your exclusive and sole remedy is either replacement of the Purchase or refund of the price paid, as determined by Texture Trax in its sole discretion.
We respect the intellectual property rights of others. We reserve the right to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via e-mail at email@example.com.
The Website and its original content (excluding Content provided by users), the music made available through the Website, and the Website’s features and functionality are and will remain the exclusive property of Texture Trax and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Texture Trax owns all copyrights and all other intellectual property rights in the Website and the music made available through the Website. You may not use the Website for any purpose other than those set forth in these Terms and Conditions and you may not distribute, copy, modify, or make any derivative work of the Website without our prior written permission. Texture Trax provides music through the Website solely pursuant to a separate license agreement. You may not use or distribute any music available through the Website other than pursuant to a license agreement with us without our prior written permission. Our Website and the music available through the Website are provided using trademarks in the form of words, graphics, and logos and trade dress owned by us. Your use of the Website or music available through the Website does not constitute any right or license for you to use such marks or trade dress. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Texture Trax.
Links To Other Web Sites
Our Website may contain links to third party web sites or services that are not owned or controlled by Texture Trax
Texture Trax has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Texture Trax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Texture Trax and its licensee and licensors, and their employees, contractors, agents, members, managers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Website, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TEXTURE TRAX, NOR ITS EMPLOYEES, CONTRACTORS, AGENTS, MEMBERS, MANAGERS, OFFICERS AND DIRECTORS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
TEXTURE TRAX, ITS MEMBERS, MANAGERS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the state of Illinois, United States, without regard to its conflict of law provisions. Any claims must be brought solely and exclusively in the state of Illinois and suit may not be brought in any other jurisdiction.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The Legal Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements (whether written on oral) we might have had between you and us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Texture Trax may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in Texture Trax’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Texture Trax’s account information. Such notice shall be deemed to have been given upon the expiration of seventy-two (72) hours after mailing or posting (if sent by first class mail or pre-paid post) or twenty-four (24) hours after sending (if sent by e-mail).
You may give notice to Texture Trax (such notice shall be deemed given when received by Texture Trax) at the following:
- letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Texture Trax at the following address:
Tactus Productions LLC
123 South US Highway 12 #96
Fox Lake, Illinois 60020
Attn: Customer Service
If you have any questions about these Terms, please contact firstname.lastname@example.org.