Terms and Conditions of Use for www.addalyric.com
This website known as www.addalyric.com, the content and services of www. addalyric.com, together with any other successor sites and excluding any Third Party Services (as defined below) (the “Site”) is operated by Add a Lyric LLC (“Company”). For purposes of this agreement and protection against liability, Company’s artists, affiliates, related companies, officers, shareholders, directors, employees, representatives, and agents shall be known as “Company Affiliates”.
Company makes no representation or warranty that any material, images, or files obtained from or through this Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses. Company makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material or content available on this Site. You agree to use this Site at your own risk.
The music, digital files, sheet music, other material, and images contained on this Site are protected by the copyright and/or trademark laws of the United States and foreign jurisdictions; unauthorized or improper use of the material, images, content, and files on this Site may result in violation of those laws. Company hereby grants to you a nonexclusive, limited and nontransferable license to use the material and images of this Site solely for the purpose of viewing said material and images on your personal computer while on the Site, to purchase music, Merchandise (as defined below), or other products from the Site of which the purpose of said purchase(s) shall be governed by the Add a Lyric User Agreement. Reproduction, distribution, and or digital transfer of any material on this Site is strictly prohibited without an express license to do so and ownership of said material shall at all times remain with the stated copyright and/or trademark owners.
Any material purchased through the Site, including but not limited to sound recordings, digital files, sheet music, PDF files, photographs, apparel, etc. (individually and collectively, the “Merchandise”) are for use by you according to the terms of the Add a Lyric User Agreement and you may not reproduce, distribute, publish, transmit, display, broadcast, re-broadcast, modify, create derivative works from, sell, or participate in any sale, exploit in any way, or use the Merchandise in any manner aside from the express allowances granted in the Add a Lyric User Agreement.
You may not use Company’s trade names, trademarks, and service marks in connection with any product or service that is not Company’s, or in any manner that is likely to cause confusion. Nothing contained on the site should be construed as granting any license or right to use any trade names, trademarks, or service marks without express prior written consent of the owner. All trademarks and service marks on the site not owned by Company are the property of their respective owners.
Please note that unauthorized use of any service or product, including, without limitation, any software used by the services on the Site, may subject you to civil and criminal penalties, (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.
Notwithstanding the foregoing, you may reproduce promotional images and information from the Site solely for the purposes of promoting Company, the Site and it’s content, provided you do not receive any financial or other profit from doing so. Any such promotional uses must be accompanied by a link to www.addalyric.com. Examples of said promotional uses may include sharing a photo, video, or song sample from the website on your social media page; or writing a post on your blog promoting the content or artist(s) on www.addalyric.com and including a photo from the Site in said blog post. Notwithstanding the foregoing, any uses of the images, information, photographs, or content from the Site that may be offensive, derogatory, disparaging, or harmful in any way to Company or Company Affiliates are strictly prohibited.
Company reserves the right to terminate your use of this Site at any time and for any reason, without notice. All restrictions, rights granted by you and all disclaimers and limitations of liability by Company will survive termination. You agree to discontinue use of this Site immediately upon your disagreement with or breach of any of these terms and conditions, as they may be amended from time to time.
You may need to register to use any part(s) of the Site. Company may reject, or require that you change, any user name, password or other information that you provide to Company in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify Company of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
Except to the extent prohibited by applicable law, Company reserves the right, with or without prior notice, to change descriptions, images, and references of any Merchandise; to limit the available quantity of any Merchandise; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Merchandise. Price and availability of any Merchandise offered through the Site are subject to change without notice. In the event that Merchandise is listed at an incorrect price or with other incorrect information, Company has the right to refuse or cancel any Transaction(s) for such Merchandise. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).
Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. Company, Company Affiliates, or Company’s third party designees may automatically process charges against your selected payment method on the receipt page or when Company provides you with a “Download Now” link. Company, Company Affiliates, or Company’s third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
You hereby waive, discharge, release and relinquish any and all claims that you now have or may have against Company or Company Affiliates, and further agree to indemnify and hold Company and Company Affiliates harmless from any claim or demand, including all legal fees and court costs, made by any third party arising from your use of this Site, the violation of these terms and conditions by you, or the infringement by you, or other unauthorized user of this Site under your user name, of any intellectual property or other right of any person or entity. Any links visited through this Site are at your own risk.
COMPANY AND COMPANY AFFILIATES ACCEPT NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY RESULT FROM YOUR USE OF THIS SITE. COMPANY AND COMPANY AFFLIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE ON THIS SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY OFFERS THIS SITE AS A COURTESY TO ITS CUSTOMERS AND RELATED INDUSTRY MEMBERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND COMPANY AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM YOUR USE, OR INABILITY TO USE THIS SITE, NOR FOR DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER HARDWARE OR SOFTWARE, MODEM, TELEPHONE LINE, OTHER PROPERTY, BUSINESS, TIME, INCOME, OR OTHER INTANGIBLES AS A RESULT OF YOUR USE OF THIS SITE. COMPANY AND COMPANY AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM MESSAGES TRANSMITTED TO OR FROM THIS SITE, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON THIS SITE. FURTHER, COMPANY AND COMPANY AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING YOUR USE OF THE SITE OR FROM ANY THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. IN THE EVENT ANY PORTION OF THIS DISCLAIMER OR THIS AGREEMENT IS DEEMED UNENFORCEABLE OR INAPPLICABLE, COMPANY’S TOTAL, EXCLUSIVE, AND MAXIMUM LIABILITY WILL BE THE AMOUNT PAYED BY YOU TO ACCESS THE SITE AND ONLY THE SITE AND COMPANY AFFILIATES SHALL HAVE NO LIABILITY.
This Site is controlled and/or operated from the United States, and is not intended to subject Company or Company Affiliates to non-U.S. jurisdiction or laws. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Washington, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in King County, Washington, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, the Merchandise, or any related software or materials, or any Third Party Services, would result in irreparable injury to Company for which money damages would be inadequate, and in such event Company, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Company may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
If you have a question or complaint regarding the Site, please feel free to contact Company’s legal representative via e-mail at legal @ addalyric.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to Company. You may also contact Company’s legal representative by writing to Company at Erin M. Jacobson, Esq., 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210, Attn: Add a Lyric Website.