The Site is owned and operated by TM. All elements of the Site, including music represented therein ("Media"), are protected by copyright, trademark, service mark and other U.S. and international laws relating to intellectual property, the rights held either by TM or by its affiliates.
Users may search for, listen to, and download Media from the Site for the purpose of determining its usefulness to the user.
Restrictions of Use
Media from the Site may not be publicly performed, synchronized with other media, shared, resold, repackaged, rented, leased, licensed, copied or otherwise transferred in any form to any other individual or company, unless a license is specifically purchased from TM to do so.
The information on this Site is provided "as-is" without warranties of any kind, either expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, noninfringement, or warranties arising by course of dealing or custom of trade.
Exclusion of Damages
TM makes no other warranty either expressed or implied, of merchantability, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither TM nor any of its trustees, agents, employees, representatives or associates shall be liable for any damages. TM makes no representation or warranty that the User's access to and use of the Site (1) will be uninterrupted or error-free (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. Users are responsible for taking all precautions necessary or advisable to protect against any claim, damage, loss or hazard that may arise by virtue of use of the Site. The entire risk as to the quality and performance of any material from this Site is with the User. Users may have additional rights under some state laws.
Limitation of Liability
Under no circumstances will TM or the owner of any Media be liable for any direct, incidental, consequential, indirect or punitive damages (including any lost profits or lost savings), or from User access or use of the Media on the Site. In any event, the combined limit of liability of TM and the copyright holder of the Media shall be the fee paid by the user for the Media on the Site. Users acknowledge that without their agreement to this limitation of liability, we would not provide access to the Site or permit any use of the Media.
The U.S. export control laws regulate the electronic transmission of certain information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Media derived from the Site to either a foreign national or a foreign destination in violation of such laws.
TM operates the Site from its office within the State of Illinois in the United States of America. Any and all disputes, with the exception of copyright claims, arising out of this Agreement including, without limitation the validity, performance and breach thereof, shall be settled by arbitration in Cook County, Illinois, whether or not you are subject to the personal jurisdiction of the State and Federal courts therein. Such arbitration shall be in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. In the event of a copyright claim, or if TM is compelled to go to court for any other reason regarding the Media governed by this Agreement, you hereby submit to personal jurisdiction of the State and Federal courts located in Cook County, Illinois. If TM is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees and/or costs by you or user herein. This Agreement, its validity and effect, shall be interpreted and governed by the laws of the State of Illinois without reference to its choice of law principles.
Twisted Media, Twised Tracks and Twistedtracks.com are registered trademarks of Twisted Media, Inc. All other brand and product names are trademarks, registered trademarks or service marks of their respective owners.