Effective Date: November 19, 2018
These Terms and Conditions (the “Agreement”) are a legal agreement between you and Crumbs Music Media, Inc. and its affiliates (“we,” “us” or “our”). This Agreement sets forth the terms and conditions for use of the website, http://crumbsmusic.com/ and its affiliated sites (together, our “Website”).
Modification of this Agreement
We may change this Agreement at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date. If you do not agree to the Agreement as amended, you must stop using the Website. You will be deemed to have accepted the Agreement as amended if you continue to use the Website on or after the Effective Date of any amendments.
In order to use the Website you must at least 13 years of age. You represent that (i) you are at least 13 years old, (ii) you have read, understood, and agree to be bound by this Agreement and have the authority to make such representations and be bound by them. IF YOU ARE BETWEEN THE AGES OF 13 AND 17 (OR OTHERWISE UNDER THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION) YOU MUST REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR LEGAL GUARDIAN.
License to Use the Website
Subject to these Terms and Conditions and any subsequent agreement for specific services you may enter into with us, we grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal non-commercial uses only, except as may be expressly permitted in a subsequent agreement with us.
Intellectual Property Rights
As between you and us, you acknowledge that we retain all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Website, and any software or APIs comprising the Website. The Website is owned or licensed by us and is protected by the copyright laws of the United States and other countries in which it is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. Certain content on the website may be made available to you by subsequent license agreement, however, you acknowledge that no additional license is provided by these Terms and Conditions and such subsequent licenses, if any, will be governed by their own terms.
If you elect to access any paid component of the Website, you will be asked to affirmatively agree to additional terms. The terms of any express agreement with respect to paid services will supersede and prevail over these Terms and Conditions.
EXCEPT AS MAY NOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
THE WEBSITE (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY CONTENT THEREON ARE PROVIDED "AS IS." ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE WEBSITE WILL BE FREE FROM LOSS, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OF THE USE OF THE WEBSITE WILL BE RELIABLE, UNINTERRUPTED OR WITHOUT ERRORS.
SOME OF THE CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
EXCEPT FOR ANY LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAWS: IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU TO US FOR USE OF THE WEBSITE.
You will indemnify and hold us, our directors, officers, employees, agents and affiliates harmless with respect to any claims arising out of (i) your breach of these Terms and Conditions; or (ii) any third party claims arising out of your use or misuse of the Website.
Severability, Choice of Law, Jurisdiction
If any term of these Terms and Conditions is found invalid, the term will be modified or omitted to the extent necessary, and the remainder of this Agreement will continue in full effect. This Agreement will be construed in accordance with the laws of North Carolina, other than its laws regarding the conflict of laws. All disputes arising out of or related to this Agreement will have exclusive venue in the federal and state courts in Wake County, North Carolina, and you agree to the jurisdiction of such courts.
Termination by Us.
We have the right to terminate your access to the Website at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website and/or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website and/or Services.
Termination by You.
If you wish to discontinue your use of the Website, you may do so at any time by no longer accessing the Website. You can request for us to delete any account you hold with us by contacting us.