TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND J FARELL MUSIC LLC. STATING THE COMPLETE TERMS THAT GOVERN YOUR USE OF THE J FARELL MUSIC DOWNLOAD STORE SERVICE. J FARELL MUSIC LLC MAY REFUSE ACCESS TO THE J FARELL MUSIC DOWNLOAD STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
1. J Farell Music
J Farell Music LLC is the provider of instrumentals, remixes, and music offered on https://jfarellmusic.com (the “Service”) that allows you to purchase digital content, such as sound recording, under the terms and conditions set forth herein.
2. Acceptance of Terms
3. No Warranties
This website is provided “as is” without any representations or warranties, express or implied. J Farell Music LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, J Farell Music LLC does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
4. Limitations of Liability
J Farell Music LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if J Farell Music LLC has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit J Farell Music LLC’s liability in respect of any:
• death or personal injury caused by J Farell Music LLC’s negligence;
• fraud or fraudulent misrepresentation on the part of J Farell Music LLC; or
• matter which would be illegal or unlawful for J Farell Music LLC to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
7. Other Parties
You accept that, as a limited liability entity, J Farell Music LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against J Farell Music LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect J Farell Music LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as J Farell Music LLC.
8. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
9. Age Requirement
This Service is only available for individuals aged 13 years or older. If you are 13 years or older but under the age of 18, please review these terms and conditions with your parent or guardian. By signing up for the Service you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Service by an individual under 13 years old is unauthorized and unlicensed.
10. Objectionable Material
You understand that by using the Service, you may encounter content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Service is at your sole risk and J Farell Music LLC shall have no liability to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.
11. Content Types
The descriptions and information, such as genres, sub-genres, categories, sub-categories and the like, are provided for convenience only, and you acknowledge and agree that J Farell Music LLC does not guarantee their accuracy.
13. Digital Delivery (Downloading)
The Website supplies tracks that are downloadable in MP3 file format. Use your personal login and password to access the download area. The download link is valid until the download is recorded and finished and will remain for at least 72 hours from the time of purchase.
14. Refunds and Returns Policy
We have a full replacement policy on any damaged or undelivered files. Although extreme care is taken to insure that MP3 files are in perfect condition when delivered, in the event of files arriving damaged, J Farell Music LLC will provide a full replacement if the goods are proven to be defective in any way. Damaged tracks will only be exchanged for the same title. Due to the special digitized nature of our products and the ease with which they can be duplicated, refunds will not be issued, but rather any problematic files will be replaced. Also in case of cancellation or suspension of your account, damage, destruction or loss of your products, refunds will not be applicable.
15. Registration Data
You agree to provide accurate, current, and complete information about you as may be required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete at any time. J Farell Music LLC has the right to confirm or otherwise verify, in its sole discretion, but without any obligation to do so, the truth and accuracy of the Registration Data at any time. J Farell Music LLC may terminate your rights to the Service, at any time, if any information you provide is false, inaccurate or incomplete. You agree that J Farell Music LLC may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
16. Your Account
You are responsible for maintaining the confidentiality and security of your password and identification, and for restricting access to your computer. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify J Farell Music LLC of any unauthorized use of your Account or any other breach of security. J Farell Music LLC shall not be liable to you for any unauthorized use of your Account.
You understand that the Service, and the content available through the Service, such as sound recordings, videos and related artwork (“Products”), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by J Farell Music LLC and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. Usage Rules may be controlled and monitored by J Farell Music LLC for compliance purposes, and J Farell Music LLC reserves the right to enforce the Usage Rules with or without notice to you. Please review carefully the Usage Rules provided in Section 19 of this Agreement.
18. Limited License
Provided that you are eligible for use of the Service and that you have validly registered to use the Service, J Farell Music LLC grants you a limited, non exclusive, revocable license to access and make personal use of the Service and of the Products available through the Service in accordance with the terms and conditions of this Agreement, including the Usage Rules. You acknowledge and agree that the Products available through the Service are licensed, not sold, to you, even though we refer to “purchase” or “purchase price”, and you acknowledge that the download of sound recordings shall not constitute a grant or waiver of any rights of the copyright owners in such sound recordings and the underlying musical compositions embodied therein. Any use of the Service or of the Products available through the Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein.
19. Usage Rules
You acknowledge and agree to use the Service, including the Products available through the Service, in compliance with the applicable Usage Rules:
- You agree to use the Service and the Products available through the Service for personal, non-commercial use only;
- You agree not to register for an Account on behalf of someone else or of any group or entity;
- You agree not to use, sell, rent, share, transfer, license or otherwise provide anybody with the Products, except as provided herein;
- Each Product that you purchase may be downloaded a maximum of 5 times, all formats combined, but you acknowledge that you cannot use a Product simultaneously in more than one location. The download links are maintained in your digital locker until you have reached your maximum download limit per link. Once the download limit has been reached, the link is deactivated;
- Notwithstanding the foregoing, once you purchased a Product and you received the Product, it is your responsibility not to lose, destroy or damage the Product, and J Farell Music LLC shall have no liability to you in the event of any loss, destruction or damage;
- You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods;
- In the event that J Farell Music LLC changes any part of the Service or discontinues the Service, which J Farell Music LLC may do at its own discretion, you acknowledge that you may no longer be able to use the Service and the Products, or to use them to the same extent as prior to such change or discontinuation, and that J Farell Music LLC shall have no liability to you in such case; and
- You acknowledge and agree that you obtain absolutely no intellectual property rights in the Product that you download, including, without limitation, no synchronization rights whatsoever.
J Farell Music LLC reserves the right to modify the Usage Rules at any time without notice.
20. Products Availability and Prices
You acknowledge and agree that the Products that are available to you are the Products available in the country in which the credit card you designate during the registration process was issued.
J Farell Music LLC reserves the right to change any and all Products available in the Service and the pricing of such Products at any time without notice.
21. Payment for Products
You agree to pay for all Products you purchase through the Service, and that J Farell Music LLC may charge your credit card for any Products purchased, and for any additional amounts (including any applicable taxes) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing J Farell Music LLC with a valid credit card details for payment of all fees. All fees will be billed to the credit card you designate during the registration process. If J Farell Music LLC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by J Farell Music LLC. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.
All payments must be made by VISA, MasterCard and American Express, or through Paypal. J Farell Music LLC will not accept cash, checks or any other payment form. AS BETWEEN YOU AND J FARELL MUSIC LLC, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes.
23. Unauthorized Charges
Unless you notify J Farell Music LLC of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release J Farell Music LLC from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to J Farell Music LLC within sixty (60) days of its first appearance on an invoice or credit card statement.
24. Technical Problems
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to a Product that is not delivered within a reasonable period shall be either replacement of such Product or refund of the price paid for such Product, as determined by J Farell Music LLC.
25. Removal of Content
J Farell Music LLC and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. J Farell Music LLC shall not be liable for the removal of or disabling of access to any such Product, content or material.
26. Intellectual Property
You acknowledge and agree that the Service all Products and other content on such website and available through the Service, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, information, editorial content, data compilations, files selection and arrangement, links, and software, are the property of J Farell Music LLC and/or its licensors, and are protected by applicable intellectual property and copyright laws. You agree not to use such proprietary information and materials in any way except for use of the Service in accordance with the terms of this Agreement, including the Usage Rules. You do not obtain any rights under this Agreement in any intellectual property.
19. Copyright Claims
J Farell Music LLC obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to email@example.com
20. Termination of the Service
J Farell Music LLC shall have the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and for whatever reason, with or without notice to you. J Farell Music LLC shall not be liable to you or to any third party for exercising such rights.
If you fail, or J Farell Music LLC suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide J Farell Music LLC with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules, or infringement or other violation of third parties’ rights, J Farell Music LLC, at its sole discretion, without notice to you, may (i) terminate this Agreement and/or deactivate your Account, and you will remain liable for all amounts due; and/or (ii) preclude access to the Service (or any part thereof).
22. Use of Your Information
If your Account is deactivated or this Agreement is terminated, J Farell Music LLC may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent registration to the Service.
23. Applicable Law
You agree that the laws of the state of New Jersey, in the United States, without regard to principles of conflict of laws, shall govern this Agreement. Any actions or disputes of any sort relating to this Agreement and the Service shall be exclusively adjudicated in the state or federal courts in Trenton, New Jersey, and you consent to such venue and jurisdiction.
You may not assign this Agreement without J Farell Music LLC’s prior written consent. J Farell Music LLC may assign this Agreement at any time without prior notice to you.
25. Changes to this Agreement
J Farell Music LLC may change, revise, update, supplement or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that J Farell Music LLC may impose new or additional rules, policies, terms or conditions on your use of the Service at any time. You hereby agree that the posting on J Farell Music website of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Service and close your Account. It is your responsibility to regularly check J Farell Music website to determine if there have been changes to these terms and to review such changes.
27. Submissions and Complaints
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, complaints or other information about the Service that you wish to provide to J Farell Music LLC shall be made through the Contact Us Section of the website or the provided e-mail address: firstname.lastname@example.org.
28. Original Material
J Farell Music LLC provides for sale only original material; that is material that is not inclusive of any samples from any pre-existing music.
29. Electronic Communications
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM J FARELL MUSIC LLC ELECTRONICALLY. AS A USER OF THE SERVICE, J FARELL MUSIC LLC MAY FROM TIME TO TIME SEND YOU EMAILS UPDATES ABOUT THE SERVICE OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAILS UPDATES AND OTHER COMMUNICATIONS THAT J FARELL MUSIC LLC PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
Last updated: November 15, 2016