Copyright © 2015 Smart Media Music. All rights reserved. The music recordings, music samples, music compositions (where applicable), graphics, text, data, metadata and titles are the property of Smart Media Music and are protected by the copyright and trademark laws of the United States and other countries. Any unauthorized use, including but not limited to reproduction, transfer, transmission, dissemination and storage in a retrieval system is strictly prohibited.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) govern your use of this web site (the “Site”), as provided by Smart Media Music, (“Smart Media Music,” “We” or “Us”). By using this Site, you (“You”) and other users of the Site (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Site. You should check these Terms and Conditions periodically for modifications.
By using the Site following any modifications to the Terms and Conditions, You agree to be bound by any such modifications. The Site provides information and samples of music and sound that can be licensed from Smart Media Music and its partners for professional production uses. The Site provides opportunities to licensees to report music usage. The Site is intended for business-to-business use, and is not intended for non-professional use by consumers.
You acknowledge and agree that you will have no right to utilize the music and sound licensed to You from the Site until you execute the license agreements that are provided to you by Smart Media Music and fulfill all payment and other obligations as set forth therein.
You warrant and agree that You shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Site or any information or other material obtained through or derived from the Site for commercial purposes (other than as expressly permitted by Smart Media Music or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Site or other computer systems through the Site; or (e) harvest, collect or store information about the Users or content of this Site. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Smart Media Music assumes no responsibility for the transmission, deletion or failure to store information submitted by You or other Users to Smart Media Music. In addition, You acknowledge that You will not rely on any content created or provided by Smart Media Music on the Site or otherwise.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Except as otherwise provided, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial uses of the Site are strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Smart Media Music.
DISCLAIMERS AND WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMART MEDIA MUSIC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SMART MEDIA MUSIC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMART MEDIA MUSIC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
SMART MEDIA MUSIC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. SMART MEDIA MUSIC IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF SMART MEDIA MUSIC.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SMART MEDIA MUSIC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF SMART MEDIA MUSIC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.