Lasting Leitmotifs

Terms of Use Agreement

NOTICE—THIS IS A LEGALLY BINDING DOCUMENT. READ ALL OF THE TERMS AND CONDITIONS OF THIS “TERMS OF USE” AGREEMENT BEFORE CONTINUING ON THE Lasting Leitmotifs WEBSITE OR ACCESSING THE SERVICES DEFINED BELOW.

1. INTRODUCTION. This Terms of Use Agreement (“Agreement”) is a legal agreement between Lasting Leitmotifs, LLC and you (“Client”) that governs the terms under which Client will be permitted to access the Lasting Leitmotifs Website (the “Site”) and/or use of the Services provided on the Site.

2. AGREEMENT TO BE BOUND. By accessing the Site or registering for Services, you agree to be bound by the terms of the Agreement, including any incorporated Privacy Policy or other agreement, and any subsequent versions as may be updated from time to time as set forth below. BY CONTINUING TO ACCESS THE SITE, REGISTERING WITH LL AND/OR CLICKING “ACCEPT” OR “YES” OR OTHER APPROPRIATE BUTTONS FOR USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND AGREE TO BE BOUND THEREBY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT CONTINUE TO ACCESS THE SITE OR RECEIVE ANY SERVICES FROM LL. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CLICK “ACCEPT” OR “YES” OR OTHER BUTTONS AND YOU MUST IMMEDIATELY CEASE USE AND/OR ACCESS TO THE SITE OR SERVICES AND DELETE ANY CONTENT OR DATA OBTAINED FROM YOUR HARD DRIVE. The right to use the Site or Services is personal to Client and is not transferable to any other person or entity. Client is responsible for all use of the account set up by Client (under any screen name or password) and for ensuring that all use of the account complies fully with the provisions of this Agreement.

3. TERMS AND DEFINITIONS. For the purpose of this Agreement:

“Client” means an individual (or affiliation of individuals) using the Services.

“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights and any and all applications, renewals, extensions and restorations thereof in force now or hereafter in effect worldwide.

“LL” means Lasting Leitmotifs, LLC and its affiliates.

“Services” means any services or service components as may be offered by LL from time to time.

4. CHANGED TERMS. LL shall have the right at any time to change or discontinue any aspect of the Services and to change or modify the terms and conditions applicable to Client’s use of the Site or Services, including, but not limited to, the terms of this Agreement. Such changes, modifications, additions or deletions shall be binding and effective 30 days after LL’s posting the revised terms on the Site. Client agrees to periodically and regularly review the Site, including the current version of this Agreement, to be and remain aware of the terms of this Agreement. If Client does not agree to any revision or change, Client may terminate the license described below by providing LL with notice of termination to be addressed to help@lastingleitmotifs.com. Any use of the Site by Client after the 30-day period shall be deemed to constitute acceptance by Client of such changes, modifications or additions.

5. CONSENT TO USE OF DATA; PRIVACY. Client agrees that LL and its agents may collect and use technical data gathered as part of the Services provided to Client solely to improve its products and Services or to provide customized services to Client and will not disclose this information in a form that personally identifies Client except as otherwise provided in this Agreement or the Privacy Statement. LL’s Privacy Statement is set forth in full at “About > Privacy Policy”. The Privacy Statement is incorporated by reference and is part of this Agreement as if set forth fully.

6. ELECTRONIC COMMUNICATIONS. When you visit LL or exchange with LL, you are communicating with LL electronically. Client consents to receive communications from LL electronically. LL will communicate with the Client by e-mail to the most recent email address provided to LL by the Client or by posting notices on this Site. It is the Client’s responsibility to provide an email address at which the Client will receive email communications and to update the Client’s email address as necessary to maintain the Client’s email account. Client agrees that all agreements, notices, disclosures and other communications that LL provides to Client electronically, either by posting on this Site or to the email address provided by the Client, will satisfy any legal requirement that such communications be in writing.

7. COPYRIGHT OF SITE CONTENT. All content included on this Site, such as text, graphics, logos, button icons, images, digital downloads, data compilations and software, is the property of LL and protected by United States and international copyright laws. Audio clips contained on this Site are owned or licensed by LL and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of LL and protected by United States and international copyright laws. All software used on this Site is the property of LL or its software suppliers and protected by United States and international copyright laws.

8. TRADEMARKS. Lasting Leitmotifs, LL, and other LL graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Lasting Leitmotifs, LLC or its affiliates in the United States and/or other countries. LL's trademarks and trade dress may not be used in connection with any product or service without the express, written consent of LL.

9. LICENSE AND SITE ACCESS. LL grants you a non-exclusive limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LL. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of any person other than you; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of LL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of LL without express written consent. You may not use any meta tags or any other "hidden text" utilizing LL's name or trademarks without the express written consent of LL. Any unauthorized use terminates the license granted by LL. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of LL so long as the link does not portray LL’s services in a false, misleading, derogatory or otherwise offensive matter. You may not use any LL logo or other proprietary graphic or trademark as part of the link without express written permission.

10. CLIENT REVIEWS. If Client provides LL with client reviews or testimonials about LL’s service, Client grants LL a nonexclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. Client grants LL the right to use the name Client submits in connection with such content.

11. CONDITIONS OF SERVICES. After Client has received a quote and booked LL’s services, LL will prepare an invoice. LL’s invoice price is final and Client must pay for the Services before LL can begin to perform the Services. Once LL begins to perform the Services and produce a recording, no refund will be given to Client. Client agrees to comply with LL’s procedures for Services contained in the Site or communicated with Client via email or other correspondence. Client agrees that it will not use or access the Site for any commercial purpose other than the fulfillment of Client’s request for Services. 

12. COPYRIGHT OF COMPOSITION AND RECORDINGS. Client acknowledges that the composition produced by LL generates a copyright protected by United States and international copyright laws.  The copyright for the music itself remains with LL.  Client acknowledges that a recording produced by LL generates a copyright protected by United States and international copyright laws. The copyright for the recording will be assigned from LL to the Client upon Client's full payment of the fees, and the Client may freely distribute the recording for non-commercial use, after receipt of LL’s assignment, without the express, written consent of LL.  The Client agrees to disclose intent to distribute the recording for commercial purposes, as permission from LL is required and may invoice a licensing agreement. Client also agrees to notify LL if it decides to commercially distribute the recording at a date after agreeing to these Terms and that Client will be responsible for paying to LL any licensing agreement for non-commercial use. Client should contact help@lastingleitmotifs.com.

13. TERMINATION. Either LL or Client may terminate this Agreement at any time; provided, however, that no refund will be given to Client once LL begins to perform the Services. Without limiting the foregoing, LL shall have the right to immediately terminate Client’s account in the event of any conduct by Client that LL, in its sole discretion, considers to be unacceptable or in the event of any breach by Client of this Agreement. Sections 7, 8, 12, 13, 15, 16, 17, 18 and 20 shall survive termination of this Agreement.

14. DISCLAIMER OF WARRANTIES. Client agrees that access to the Site and the use of the Services is solely at Client’s risk. All Services are provided by LL on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THIS AGREEMENT, LL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. LL DOES NOT MAKE ANY WARRANTY THAT THE SERVICES LICENSED HEREIN WILL MEET YOUR REQUIREMENTS OR THAT ACCESS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES. CLIENT AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT CLIENT’S OWN RISK AND DISCRETION AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR ACCESS OF SUCH MATERIAL AND/OR DATA. LL MAKES NO WARRANTY REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES THAT ARE OBTAINED THROUGH OR AS A RESULT OF ANY OF THE SERVICES OR ANY TRANSACTION ENTERED INTO, THROUGH OR AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM LL OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND CLIENT MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, MISUSE OF OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE, MISUSE OR UNAVAILABILITY OF THE SERVICES OR SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LL, AND EVEN IF LL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LL BE LIABLE TO CLIENT ON ACCOUNT OF CLIENT’S USE OR MISUSE OF THE SERVICES OR CONTENT PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF LL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND THE FULLEST EXTENT PERMITTED BY LAW.

17. EXCLUSIVE REMEDY. Client agrees that LL’s sole liability and Client’s exclusive remedy, in law, in equity or otherwise, with respect to the Services or for any breach of this Agreement is solely limited to LL’s cure of the Services that did not substantially and materially perform in the manner set forth in the Site or return of the amount of any fee paid by Client for the Services, at LL’s discretion.

18. APPLICABLE LAW. This Agreement will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws rules. Client and LL hereby agree to submit to the sole and exclusive subject matter jurisdiction, personal jurisdiction and venue of the Supreme Court State of New York, County of Nassau, or the United States District Court, Eastern District of New York.

19. CLIENT CONDUCT. Client shall use the Site for lawful purposes only. Client shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others. Client represents and warrants that Client owns or otherwise controls all of the rights to the material submitted to LL through the Site. Client shall indemnify LL and its affiliates for all third-party claims resulting from materials that Client provides.

20. MISCELLANEOUS PROVISIONS.

20.1. If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.

20.2. This Agreement and any expressly incorporated document represents the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral.

20.3. Any waiver of any provision of this Agreement will be effective only if in writing and signed by LL. The failure by LL to enforce any provision of this Agreement or portion thereof does not act as a waiver or estop LL from enforcement of the remaining terms.

20.4. The section headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe or describe the scope or extent of any section or, in any way, affect such section.