SMITHMUSIC.COM TERMS AND CONDITIONS OF USE :
WITH YOUR USE OF THIS WEB SITE, YOU AGREE TO ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
This web site is an online information and communication service provided by
USE OF MATERIAL ON SMITHMUSIC.COM AND RESTRICTIONS
This site is controlled and operated by Smith Music Group LLC at 131 E. Exchange Ave Suite102, Fort Worth, TX. 76164. The phone number is (817) 378-0900. All material on this site, including, but not limited to images, pictures, illustrations, text, information, artwork, audio clips and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Smith Music Group, its related companies, or by other parties that have licensed their material to Smith Music Group. Material on SMITHMUSIC.COM or any web site owned, operated, licensed or controlled by Smith Music Group is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Smith Music Group. Use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Smith Music Group's copyrights, trademarks and other proprietary rights, and is prohibited. You may not link directly to any audio, video or other files on this web site.
Smith Music Group and its officers are not responsible for any material posted in such forums as Bulletin Boards and Chat Rooms. By using these or other such forums, participants agree not to post, send, upload, transmit, distribute or otherwise publish, any content that:
1. Libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;
2. Infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;
3. Violates any law;
4. Violates or infringes upon the rights of Smith Music Group, its users, officers or the public, including material which is an invasion of privacy or publicity rights;
5. Solicits gambling or engages in any gambling activity;
6. Interferes with anyone else's use of this web site;
7. Contains a virus or other harmful component; or
8. Advertises, engages in any commercial endeavor, or otherwise solicits funds, goods or services.
Smith Music Group reserves the right to delete, move, edit or disclose the contents of messages that contains Non-Approved Material or is otherwise unacceptable. In addition,
Smith Music Group may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of
Smith Music Group or to protect the safety of our users or the public.
SITES LINKED TO AND FROM SMITHMUSIC.COM
This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk.
Smith Music Group is not responsible for, and does not endorse, the content of any Linked Sites whether or not
Smith Music Group assumes any responsibility or liability for any communications or materials available at such Linked Sites. You agree that you will not link to
SMITHMUSIC.COM from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this web site or alter its intellectual property or content in any way.
Smith Music Group reserves the right, in its sole discretion, to terminate a link with any web site for any reason.
Smith Music Group does not accept unsolicited material. By uploading any material, in any form (text, photograph, music, etc.) and in any manner (bulletin board, email or otherwise), you (i) grant to
Smith Music Group the non-exclusive, worldwide right to use, post, publish and display your material on the web site, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the material, (iii) attest that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) avow that you are the copyright owner of the materials comprising the submission or have all rights necessary to authorize its unfettered use and distribution and (v) confirm that you are eighteen years of age or older. You understand that, once your material is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against
Smith Music Group and release Smith Music Group and its officers of any liability herewith.
LIMITS OF LIABILITY
THE MATERIALS ON SMITH MUSIC GROUP' WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
SMITH MUSIC GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER
SMITH MUSIC GROUP, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF
SMITH MUSIC GROUP' WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
SMITH MUSIC GROUP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON
SMITH MUSIC GROUP' WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.
SMITH MUSIC GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
SMITH MUSIC GROUP' WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THE SMITH MUSIC GROUP SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER
SMITH MUSIC GROUP, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE
CREATION, PRODUCTION, AND DISTRIBUTION OF SMITH MUSIC GROUP WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER NEW WEST RECORDS WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
SMITH MUSIC GROUP AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT
SMITH MUSIC GROUP) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
SMITH MUSIC GROUP IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES
SMITH MUSIC GROUP RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH
SMITH MUSIC GROUP IN ASSERTING ANY AVAILABLE DEFENSES
GOVERNING LAW; VENUE
Unless otherwise specified, the materials in the Smith Music Group web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by
Smith Music Group from its offices within the State of Texas, United States of America.
Smith Music Group makes no representation that materials in Smith Music Group' web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of
Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or
Smith Music Group bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in
Dallas County,Texas and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by
Smith Music Group.