March 19, 2009
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) govern your use of this web site (the “Site”), as provided by Clint Productions LLC, Clintproductions.com (”Clint Productions,” “We” or “Us”). By using this Site, you (”You”) and other users of the Site (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Site. You should check these Terms and Conditions periodically for modifications. By using the Site following any modifications to the Terms and Conditions, You agree to be bound by any such modifications.
Purpose of the Site
The Site provides professional quality music for your projects, demos, advertisements, business jingles, etc. Music and sound can be purchased from Clint Productions and its partners for professional production uses. The Site is intended for business-to-business use, and for professional/ non-professional use by consumers.
Modifications to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
User Conduct
You warrant and agree that You shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Site or any information or other material obtained through or derived from the Site for commercial purposes (other than as expressly permitted by Clint Productions or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Site or other computer systems through the Site; or (e) harvest, collect or store information about the Users or content of this Site. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Clint Productions assumes no responsibility for the transmission, deletion or failure to store information submitted by You or other Users to Clint Productions. In addition, You acknowledge that You will not rely on any content created or provided by Clint Productions on the Site or otherwise.
Licensing
Clint Productions tracks can be used only for royalty free endeavors. (Advertisement, Internet, On-Hold/In-House Background Music and Recording Artist Demonstrations.)
A Business License must be purchased if the tracks are to be used for any other purpose than those just mentioned. Projects Including but not limited to: Recording Artist Albums, Radio Singles, Radio Rotation, Television Theme Music, Television Broadcast, Internet Multimedia, Gaming Multimedia, and/or Film/DVD Soundtracks. If you use Clint Productions' music for any of the purposes listed above, you are required by law to purchase a Business License from BMI for the name of the track. Clint Productions claims no responsibility or liability for purchasing or in any way acquiring that license for you. All distributed works must show the following legal music credit: Music Producer – Anthony Clint Jr. for Clint Productions LLC. And if any additional musicians are used for the track, all distributed works must show the following legal credit: Drums - “Name Given”, Guitar - “Name Given”, etc.
Failure to obtain proper licensing could result in federal copyright law infringement. Clint Productions claims no liability to customers who fail to follow federal protocol.
All distributed works must be credited with the following to avoid legal action: Music Producer – Anthony Clint Jr. for Clint Productions LLC. And if any additional musicians are used for the track, all distributed works must show the following legal credit: Drums - “Name Given”, Guitar - “Name Given”, etc.
Proprietary Rights
As between You and Clint Productions, including our affiliates, Clint Productions is the owner and/or authorized User of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant You a license to any content, features or materials You may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Clint Productions. You may, however, print one (1) copy of the information on the Site solely for your records. If You make other use of the Site, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
Clint Productions
You acknowledge and agree that you will have no right to utilize the music and sound supplied to You from the Site (”Clint Productions”) until you execute the Clint Productions agreements that are provided to you by Clint Productions and fulfill all payment and other obligations as set forth therein.
User’s Grant of Limited License
Clint Productions does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through Clint Production’s mail and email addresses, or in any other way. Any information or material submitted or sent to Clint Productions will be deemed not to be confidential or secret. By submitting or sending information or other material to Clint Productions You represent and warrant that the information is original to You and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Site, may be used by us in any manner.
User Information
In the course of your use of the Site, You may be asked to provide certain personal and non-personal information to us. The Privacy Policy shall govern Clint Productions’ use of any information You provide. We urge You to read our Privacy Policy. You acknowledge and agree that You are solely responsible for the accuracy and content of such information.
Security
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any information You submit to us will be free from unauthorized third party intrusion. You understand and agree that all information You submit to Clint Productions is done so at your own risk.
Internet Access
You acknowledge and agree that in connection with your use of the Site, You must: (a) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for You to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. Clint Productions shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Failure to Comply with Terms and Conditions and Termination
You acknowledge and agree that we may deny You access to all or part of the Site without prior notice if You engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Clint Productions or are otherwise inappropriate for continued access.
You agree to defend, indemnify and hold Clint Productions, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials on or through the Site by You.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Clint Productions DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Clint Productions MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Clint Productions OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Clint Productions DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. Clint Productions IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF Clint Productions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Clint Productions, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF Clint Productions OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Links From and To the Site
You may be able to link to third party web sites (”Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Clint Productions in any way and Clint Productions is not responsible for the content, availability, advertising, products, information or use of User information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Clint Productions’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites, and any content contained thereon. In no event shall Clint Productions be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Clint Productions reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users.
Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link to Clint Productions. To seek our permission, You may write to Clint Productions. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Applicable Law/Jurisdiction
You agree that the laws of the state of Ohio shall govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Clint Productions or relating in any way to your use of the Site resides in the courts of Ohio and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ohio, in connection with any such dispute and including any claim involving Clint Productions or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these Terms and Conditions of use should be directed to info@clintproductions.com.
