Terms Of Use - Back In The Barn Productions

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TERMS AND CONDITIONS
PLAIN ENGLISH VERSION:
We, the owners of this website and all the backing tracks contained herein, create these backing tracks, and therefore, own all the rights to everything you find here. When you purchase a backing track, you are actually purchasing a license to use that track. YOU DO NOT OWN IT. You agree not to resell the track or do anything else with it that we don’t want you to do, including recording your own version of the track and selling that version. By using this website and purchasing our backing tracks, you automatically agree to everything listed in the Legalese Version.
You are allowed to use these backing tracks for practicing and for your performances. That’s it. You can make a demo recording to advertise your gigs but you can’t sell the recording for a profit.
You have to make sure you’re not breaking any laws in your local area by using these tracks. We’re not responsible for anything if you break any laws by using these backing tracks.
We’re in the United States. If there are any disagreements about anything between you and us, we’re going to deal with it under U.S. law.
We’re going to send you emails from time to time. If you don’t want to receive them, you can opt-out.
There are some other points in the legalese below, but those are the main points. Please contact us immediately if you have any questions or need further clarification about anything.
LEGALESE VERSION:
All materials (including, without limitation, all music, designs, text, graphics, and their selection and arrangement) on this website are the copyright of Back In The Barn Productions. No material on this website may be copied or reproduced in any form whatsoever, whether physical, electronic or otherwise for commercial purposes. You agree not to sell, alter, create derivative works from, modify, distribute, transmit or edit any musical content of this site for commercial purposes.
By accessing this site you accept all terms and agreements listed herein. The purchase or downloading of any backing tracks, catalogue samples or sheet music charts, constitutes your full acceptance of the terms of this Agreement.
LICENSING
This is a licensing agreement. All backing tracks remain the property of Back In The Barn Productions at all times and are offered for license only.
A license to use our backing tracks as an accompaniment to live performance is granted only to the nominated licensee. Use by third parties, lending, hiring or re-selling is strictly forbidden and a license will be deemed invalid in the event of breach of any/all of the terms and conditions stated herein, rendering any further use by licensee of the backing tracks illegal. No other rights are granted by the license.
The nominated licensee may use Back In The Barn Backing Track’s for the purpose of creating 'demo' recordings; however, any commercial release, sale or trade of any recording utilizing any portion of a Back In The Barn Productions backing track requires the expressed written consent of Back In The Barn Productions. Failure to do so instantly terminates this licensing agreement and will result in legal action.
LICENSEES RESPONSIBILITIES
It is the responsibility of the licensee to adhere to the laws of any territory, state or country that the licensee may use our products in, and to respect all laws governing the collection of performance royalties, and the rules and regulations regarding intellectual property and copyright in said territories. Back In The Barn Productions cannot be held responsible for any legal action taken against the licensee as a result of the use or misuse of any of our backing tracks or other products.
PROPERTY RIGHTS INTELLECTUAL AND COPYRIGHT
All materials (including, without limitation, all designs, text, graphics and their selection and arrangement) on this Website are the copyright of Back In The Barn Productions. No material on this web site may be copied or reproduced in any form whatsoever, whether physical, electronic or otherwise, without the express, prior, written consent of Back In The Barn Productions. You agree not to publish, sell, alter, create derivative works from, modify, distribute, broadcast, transmit, or edit any content of this site whether purchased or received free of charge without the expressed written permission of Back In The Barn Productions and/or any appropriate third parties. Any copyright infringement will result in termination of service and possible legal action.
All brand names, product names and/or service names used in this Website are trademarks, trade names, service marks or copyrights of their respective holders. Any use of any such brand name, product name and/or service name without the express, prior, written consent of the relevant rights holder may constitute an infringement of that rights holder’s rights and Back In The Barn Productions gives no permission for the use of any such item in any way whatsoever.
RETURNED GOODS AND REFUND POLICY
If returned goods are proved to be defective, Back In The Barn Productions will provide a replacement. Claims of defective goods will be dealt with on a case-by-case basis at the discretion of Back In The Barn Productions and the decision of Back In The Barn Productions will be final and indisputable.
Due to the ease of digital copying, no refunds will be given.
GENERAL TERMS, INCLUDING LIMITATIONS ON LIABILITY
An audio recording of each licensed backing track will be sent to the licensee by post or as a download on the internet as a data file in a standard audio format. Back In The Barn Productions accepts no responsibility for losses or delays by any delivery method elected by the licensee and elects to deal with any such claims on a case-by-case basis at the discretion of Back In The Barn Productions and the decision of Back In The Barn Productions will be final and indisputable.
Back In The Barn Productions has taken all reasonable steps in the preparation and delivery of the content on this Website. However, Back In The Barn Productions cannot guarantee the accuracy of any information contained on this Website and, accordingly, you should not rely or act upon any such information until you have independently verified its accuracy and validity.
Back In The Barn Productions have taken reasonable steps to ensure that the musical content of our backing tracks is correct and accurate. Our backing tracks are not meant to be 'carbon copies' or 'sound alike versions’ of any known artists. All musical arrangements are at the discretion of Back In The Barn Productions.
Back In The Barn Productions cannot guarantee uninterrupted and/or reliable access to this Website and Back In The Barn Productions makes no guarantees whatsoever as to its operation, availability, functionality or otherwise.
The Back In The Barn Productions Website may be connected by means of hypertext links to or from other Websites, which are not under the control of Back In The Barn Productions. Back In The Barn Productions accepts no responsibility or liability for any of the material contained on any such Website and, while it does not wish to affect the opinion of anybody accessing any such Website whether from this Website or otherwise, Back In The Barn Productions does not endorse, support, or promote any statements made or opinions expressed thereon.
Should you wish to enter into any contract or arrangement (whether formal or informal) with any advertiser on this Website, any such contract or arrangement shall be between you and the relevant advertiser and Back In The Barn Productions shall not be a party to any such contract or arrangement nor become involved in any such contract or arrangement for any reason whatsoever. The terms and conditions (including, without limitation, those relating to payment, delivery, quality and/or any representations or warranties) of any such contract or arrangement are a matter for you and the relevant advertiser to agree and Back In The Barn Productions accepts no responsibility in relation thereto.
This agreement is made in the United States. Any dispute arising regarding this agreement will be dealt with under U.S. law and within the jurisdiction of the courts within the U.S. Notwithstanding the foregoing, should this Website be accessed by anyone outside of the U.S., it shall be that person’s responsibility to ensure compliance with any local laws to the extent that they do or may apply. You agree that any litigation arising out of these terms of service or your use of this site shall be filed only in the United States.
If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Back In The Barn Productions expressly reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this Website.
LEGAL AUTHORITIES
Back In The Barn Productions may also disclose Personally Identifiable Information in cases when we have reason to believe that it is necessary to identify someone who may be violating Back In The Barn Productions’ Terms and Conditions or may be causing injury to Back In The Barn Productions rights or property, other users, or anyone else. Back In The Barn Productions may disclose personally Identifiable Information of our users to government authorities at our discretion.
SECURITY AND PRIVACY
Back In The Barn Productions makes reasonable efforts to protect the security and integrity of the information you provide to us once it is received on our systems. However, when you submit information about yourself to Back In The Barn Productions over the Internet, the information may travel over many systems that are not controlled by Back In The Barn Productions.
Back In The Barn Productions may, from time to time, notify you via email of special offers or updates. Your email address is kept private at all times and is not made available to any third party unless required by law. All requests to be removed from our mailing list will be honored.
Corporate Support Services
Roswell, New Mexico
USA
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