Terms of Use
This is a legal agreement between you (the "User") and Twisted Media, Inc. ("TM"). By using Twistedtracks.com (the "Site") you agree to be bound by the terms set forth herein. TM reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates, and anyone found not to be operating within the spirit of these Terms of Use will be banned from further use of the Site.
Ownership
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.
Authorized Use
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.
General Disclaimer
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.
Indemnity
Users agree to indemnify and hold TM, its directors, employees, agents, representatives, licensors, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from violation of these Terms of Use, or other breach of this Agreement.
Export
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.
Assignment
TM may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without TM's prior written permission. Any attempt by you to assign your rights under these Terms of Use without the written permission of TM shall be deemed null and void.
Jurisdiction
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.
Privacy
TM protects its User's privacy. Please see our Privacy Policy.
Trademarks
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.
Entire Agreement
These Terms of Use constitute the entire agreement between you and TM and govern the use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of law to be invalid, the parties agree that the other provisions of these Terms of Use remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall be forever barred.