PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the web site of Farm To Market Music, LLC ("Company"), located at www.farmtomarketmusic.com (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
If you submit information via a Contact Us form or the newsletter Subscribe form or via a comment on a post, Company collects the information you submit. DO NOT SUBMIT CONFIDENTIAL INFORMATION VIA THE CONTACT US FORM, THE NEWSLETTER SUBSCRIBE FORM OR ANY OTHER COMMENT SECTION ON THE SITE.
Company collects any information that Google Analytics collects and/or Squarespace Analytics collects regarding your visit to the Site. Company uses this information to provide you with better service by using the information for: Internal record keeping; improving our products and services; periodically sending promotional emails about our services or topics of interests to the email address you provided; customizing the Site.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze Web traffic or lets you know when you visit a particular site. Cookies allow Web applications to respond to you as an individual. The Web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Company uses traffic log cookies to identify which pages are being used. Overall, cookies helps Company provide you with a better Site. You can choose to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Web site.
2. Copyright and Limited License: Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Company or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, license to access and use the Site but other than that, please don’t copy our stuff or the stuff belonging to third parties.
3. Trademarks: FARM TO MARKET MUSIC and TAKING YOUR TUNES TO TOWN are registered trademarks of Company. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Again, don’t use our stuff or anybody else’s stuff without permission.
4. Third Party Sites: Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Company doesn’t control those sites and you need to review the terms and conditions for those sites. Company provides these links for convenience and not as a reflection of Company’s endorsement.
5. Advertisements and Promotions: Company may run advertisements and promotions from third parties on the Site. You are responsible for your dealings with third parties and third party sites. Company is not.
6. User Posted Content & Other Interactive Services or Areas: Anything you submit to the Site, other than your personal information becomes the property of Company and Company can use that information for any purpose without acknowledging or compensating you. The Site includes areas in which users may post content and information. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional with whom you have not had direct, personal experience in a professional context or as a client or patient of such professional;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
f. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
g. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
h. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
i. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying Site or which may expose Company or its users to any harm or liability of any type.
7. Disclaimers and Acknowledgements Regarding Use of Site Information: The Site, the Site materials and the services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. Company does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components.
8. Limitation of Liability: In no event shall Company or its officers, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, the outcome of legal matters, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, , the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Company's records, programs or services.
9. Indemnification: You agree to defend, indemnify and hold harmless Company, its directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
10. Applicable Law and Venue: These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Denton County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
11. Termination: Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
12. Severability: If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
13. Affiliate Links: Posts on this Site may contain affiliate links. If you click on a third-party link and make a purchase, I may receive either an in-kind benefit or cash. Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.