Tom Colquhoun | Solo Guitar

Terms and Conditions

tomcolquhoun.com provides a location where artists and musicians products are offered for sale.

General

If an artist's copyrighted work is available for download, artists and musicians have certifiedthat they own all intellectual property rights in such work and grant us, our affiliates, and our business partners a worldwide, nonexclusive license to transmit, distribute, display, publish their copyrighted work for the limited purposes of (i) distributing the work, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (ii) storing the work in a remote database accessible by users, for a charge.

Your use of tomcolquhoun.com (the "Service") is based on your acceptance, without modification, of the Terms. We reserve the right, in our sole discretion, to modify these Terms and the Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you. Our goal is to ensure timely processing services; however, we do not guarantee that your product will be processed within the expected timeframes. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

Content

All of the services, music, materials, information, features, downloadable music files, audio samples, audio streams, software, text, images, graphics, user interface, videos, photographs, trademarks, logos, artwork, including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned exclusively by tomcolquhoun.com or has been licensed to tomcolquhoun.com for its use subject to the Terms and Conditions. As between End User and tomcolquhoun.com, all Content is owned by tomcolquhoun.com and shall be deemed to constitute the intellectual property of tomcolquhoun.com and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.

Restrictions

Except as expressly provided in this Agreement, you shall not at any time record, reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Content or the Site without tomcolquhoun.com's express prior written approval.

Limited License

Notwithstanding the use of the terms sell, purchase, order, or buy on the Site or in this Agreement, upon receipt of payment tomcolquhoun.com shall grant to you a limited, non-transferable, personal, conditional license to your personal use of each downloadable digital file containing any Content ("Download(s)") subject to the Terms and Conditions of this Agreement.

Permitted Uses

Under this limited license you shall have the right to copy or transfer the relevant digital file to any desktop computer, laptop computer, or playback device owned by you, and/or to a recordable medium (such as CD-R or DVD-R) for your personal use without restriction.

Notwithstanding anything to the contrary stated elsewhere in this Agreement, you shall be entitled to publicly perform Downloads as part of DJ performances provided that you shall submit the playlist information for any use of the Downloads as part of such DJ performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, we shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to your use of Downloads and you hereby expressly agree to indemnify us against any third party claims arising in connection with your use of Downloads as part of DJ performances.

The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download ("Metadata").

The territories in which Downloads are available for a particular Title or Track vary from record label to record label, from Title to Title and from Track to Track. The permitted uses apply only in those territories specified next to the download button for each Title or Track.

No other transfers, copies or uses of the Downloads, materials or audio samples are permitted. All other rights are hereby expressly reserved.

Prohibited Uses

The limited license granted by tomcolquhoun.com to you for your personal use of each Download and any Content or Metadata shall be subject to the following restrictions which you hereby expressly agree to comply with at all times as follows:

(a) You shall not copy or transfer the relevant Download or any Content or Metadata to any desktop computer, laptop computer, or playback device not owned or regularly used by you;

(b) You shall not copy or transfer the relevant Download or any Content or Metadata to a recordable medium (such as CD-R, DVD-R) which you distribute or sell to any third party;

(c) You shall not transmit the relevant Download or any Content or Metadata to any third party via the internet or otherwise;

(d) You shall not upload the relevant Download or any Content or Metadata to any website or other medium accessible by any third party via the internet or otherwise and you hereby expressly agree not to make the relevant digital file available to any third party through so-called "file sharing" services;

(e) You shall not bundle or compile Downloads or any Content or Metadata for distribution or sale of bundled or compiled Downloads or any Content or Metadata to any third party; you shall not incorporate, interpolate, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create new musical or audio-visual works;

(f) You shall not incorporate, interpolate, edit, alter, sample or combine with other copyrightable material any portion of the Downloads or any Content or Metadata to create any derivative works;

(g) You shall not engage in any unauthorized commercial use of the Downloads or other relevant digital files or any Content or Metadata without express prior written permission to do so. For the avoidance of confusion, this shall not affect your ability to use the Downloads in connection with professional DJ equipment such as Final Scratch and the like or the use of Downloads by DJ's as part of their DJ sets subject to the DJ's compliance with all applicable reporting requirements as set forth in the paragraph "Permitted Uses" above .

(h) You shall not reverse engineer, decompile, disassemble, modify or disable any watermarking or copy protection or use limitation features or software which may be contained in the Downloads or other relevant digital files.

Except as expressly stated above as a Permitted Use under this Agreement, all other non-enumerated uses of the relevant digital file are prohibited and shall constitute a Terms Of Service violation. You hereby agree to indemnify and hold harmless tomcolquhoun.com for any damage or expense incurred by tomcolquhoun.com resulting from any failure by you to comply with the provision of this section of the Agreement.

Accounts and Passwords

To access tomcolquhoun.com's services you must first open an account subject to the following terms and conditions:

(a) You shall only submit accurate personal and billing information when opening your account. The submission of false or fraudulent information shall constitute a Terms Of Service violation.

(b) You shall at all times remain solely responsible for all activity that occurs under your account.

(c) You shall not share your account or your password with any third party. Password sharing shall constitute a Terms Of Service violation and you hereby agree not to use the account or password of any third party for the same reason.

(d) You shall immediately notify tomcolquhoun.com of any unauthorized use of your account or password information or any other breach of security.

(e) You shall not attempt to gain access to the password-protected portions of tomcolquhoun.com's Site and services without using your password or by any other unauthorized means. Any attempt to gain unauthorized entry to the Site or the services through hacking, cracking, spoofing or any other means other than using your account and password shall constitute a Terms Of Service violation.

(f) Any action to assist or enable any third party to gain unauthorized access to tomcolquhoun.com's Site or services by any means shall constitute a Terms Of Service violation.

Privacy Policy

You are required to provide certain contact and personal information when you open your account with tomcolquhoun.com:

All information provided by you to tomcolquhoun.com shall be and shall at all times remain subject to our privacy policy ("Privacy Policy").

The Privacy Policy is as follows:

(a) We shall store you name, address and e-mail information for use in connection with the provision of tomcolquhoun.com's services hereunder.

(b) For security reasons, we shall not store your credit card information which must be re-entered on a transaction by transaction basis.

(c) We shall not disclose or provide your stored contact information to any unaffiliated third party unless we are required to do so by official agencies or in the context of litigation.

(d) The Privacy Policy's terms and conditions may be adjusted from time to time without further notice to you, and as a condition of using tomcolquhoun.com's services, you hereby expressly waive your right to such notice.

You hereby warrant and represent that you have read our Privacy Policy and agree to its terms and hereby consent to our collection, use and disclosure of your personal information consistent with the terms and conditions of the Privacy Policy as set forth herein.

E-mail Communication

By establishing an account with tomcolquhoun.com, you expressly grant permission for tomcolquhoun.com to communicate with you via e-mail at the e-mail address you provide.

Termination

You may terminate your account with tomcolquhoun.com at any time by communicating your wish to do so to tomcolquhoun.com in writing via e-mail.
You hereby expressly agree that tomcolquhoun.com may terminate your account as follows:

(a) tomcolquhoun.com may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to: (1) any Terms Of Service violation; (2) discontinuation or material modification of the Site or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; (5) requests by law enforcement or other government agencies.

(b) tomcolquhoun.com shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.

(c) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.

You hereby expressly agree that you shall not be entitled to seek any compensation from tomcolquhoun.com or any third party for the termination of your account.

Warranties

The tomcolquhoun.com Site, the Downloads, the audio samples and all other relevant digital files as well as all artwork, software, data are offered on an "as is" basis only. tomcolquhoun.com provides a warranty only with respect to Downloads legally obtained by an End User from tomcolquhoun.com pursuant to this agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, tomcolquhoun.com EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE tomcolquhoun.com WEBSITE OR THE USE OF tomcolquhoun.com'S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of tomcolquhoun.com's Site, software, services, Downloads or any other materials featured on or obtained from tomcolquhoun.com. tomcolquhoun.com specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which tomcolquhoun.com's Downloads, software, Site or services may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.

Limitation of Liability

You hereby expressly agree that you shall use the tomcolquhoun.com Site and services at your own risk. In any event, neither tomcolquhoun.com nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of any Downloads or other tomcolquhoun.com services, or the inability to use any Downloads or other tomcolquhoun.com services, or any failure by tomcolquhoun.com to provide any Downloads or other tomcolquhoun.com services at any time, or otherwise arising out of or in connection with the use of the tomcolquhoun.com Site whether based on contract, tort, negligence, at law or in equity. You hereby acknowledge and confirm that you are on notice of tomcolquhoun.com's disclaimer of warranties and limitation of liability as set forth in this Agreement and you expressly agree to these disclaimers and limitations as a condition of using any of tomcolquhoun.com's services. If, notwithstanding the foregoing and for any reason tomcolquhoun.com is found to be liable to End User for any matter in connection with this Agreement, tomcolquhoun.com's liability shall be limited to any amounts actually paid to tomcolquhoun.com by the End User.

Copyright and Intellectual Property Rights Policy

tomcolquhoun.com will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without express authoity to do so.

tomcolquhoun.com will terminate the infringing End User's or customer's or vendor's account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. tomcolquhoun.com may also in its sole discretion decide to terminate an End User's or customer's or vendor's account privileges prior to that time if it has good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed.

tomcolquhoun.com shall not be liable to any End User for the termination of an account hereunder and you hereby expressly agree that tomcolquhoun.com shall at all times reserve the right to terminate any account based on the policy against copyright infringements as set forth herein.

Third Party Sites and Content

The Service contains links to other Internet sites that we or third parties offer and your use of each of those sites is subject to the terms and conditions, if any, that are contained on those sites (the "Third Party Terms"). We have no control over such third party sites and we are not responsible for any changes to any third party site or for the contents of any third party site, including, without limitation, any links that may be contained in such a site. Our inclusion of any link to a third party site is not an endorsement of that site. Our inclusion of any document in the Services search database is not an endorsement of that document, the contents of such document, or the companies owning such documents.

Your Conduct on the Service

The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part.

If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever.

If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject tomcolquhoun.com to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both.

You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Legal Policies and Notices

You hereby agree to indemnify, defend and hold tomcolquhoun.com, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "tomcolquhoun.com Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any tomcolquhoun.com Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

The listing, or absence of listing, of any document in the Service search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service.

Governing Law

You agree that all matters relating to your access to and use of tomcolquhoun.com's Site and services and any purchases made from the Site, including all disputes arising out of these Terms of Service, shall at all times be governed by Scots Law.


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