FLIKTRAX END USER TERMS AND CONDITIONS OF USE
Welcome to our website. The following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE ("TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND FLIKTRAX. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY SONG. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before ordering any song on this site.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by FLIKTRAX. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by FLIKTRAX, or its licensors, clients and content providers. All elements of FLIKTRAX websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "FLIKTRAX", is a trademark of FLIKTRAX and may be registered in some countries.
NO UNAUTHORIZED COPYING
Except as explicitly permitted under these Terms or a written agreement with FLIKTRAX, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of FLIKTRAX or its licensors unless otherwise expressly agreed in writing.
NO UNLAWFUL OR PROHIBITED USES
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
The FLIKTRAX Store allows you to purchase licenses to specific songs for specific uses (each, a "Song"). In order to download a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. A PDF file of the license document ("License") will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song.
From time to time, FLIKTRAX may provide you the opportunity to download an MP3 file of the Song for evaluation purposes only. In this case, FLIKTRAX grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animatic and video sequences) or for demonstration to your clients, but only when used in a non-commercial manner.
Except for those uses described above, rates and rights to use must be negotiated before use. All Songs and all rights not expressly granted in writing remain the exclusive property of FLIKTRAX.
Unless permitted in the License, you may not: - Sublicense, re-license, rent or lease any Song - Copy or publish any Song to a network or bulletin board - Otherwise distribute or allow any Song to be distributed to or used by anyone other than the authorized users, without prior written consent from FLIKTRAX - Use any Song in connection with any form of pornography - Use any Song in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner - Use any Song to promote a business that sells or licenses Songs, or otherwise competes with FLIKTRAX in any manner - Ship, transfer or export any of the Songs into any country or use any of the Songs in any manner prohibited by any export laws, restrictions or regulations.
ENFORCEMENT AND INDEMNIFICATION
FLIKTRAX will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should Fliktrax be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website.
You will indemnify FLIKTRAX, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
FLIKTRAX fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. FLIKTRAX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.
Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of FLIKTRAX, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to FLIKTRAX, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to FLIKTRAX, our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond FLIKTRAX.
If you have provided us your email address, FLIKTRAX periodically sends promotional emails to its subscribers about services offered by FLIKTRAX and its partners. If you do not wish to receive email information from FLIKTRAX or its partners, please let us know by emailing us at: removeme@Fliktrax.com or by writing us at Fliktrax, LLC 74 Hilltop Road Rhinebeck, NY 12572.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FLIKTRAX EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. FLIKTRAX MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FLIKTRAX NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither FLIKTRAX nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the FLIKTRAX website; however, these other websites are not controlled by FLIKTRAX and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against FLIKTRAX regarding the inclusion of links to outside websites or your use of those websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the state of New York, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in Albany, New York and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, FLIKTRAX will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of FLIKTRAX, such action is necessary or desirable.
Waiver or Amendment
No action of FLIKTRAX, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.
These Terms set out the entire agreement between FLIKTRAX and you relating to your use of this website.