Thank you for visiting our site. The following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND INTIMATE GUITAR SUITES. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY TRACK. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before ordering any track license on this site.
1. OWNERSHIP OF THIS WEBSITE
This website is owned and operated by INTIMATE GUITAR SUITES. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned (or controlled/administered) by INTIMATE GUITAR SUITES, or its licensors, clients and content providers. All elements of INTIMATE GUITAR SUITES websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights.
2. NO UNAUTHORIZED COPYING
Except as explicitly permitted under these Terms or a written agreement with INTIMATE GUITAR SUITES or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of INTIMATE GUITAR SUITES or its licensors unless otherwise expressly agreed in writing.
3. NO UNLAWFUL OR PROHIBITED USES
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
4. TRACK LICENSING
The INTIMATE GUITAR SUITES Music Licensing Store allows you to purchase licenses to specific tracks for specific uses. When you select a track for purchase, you are agreeing, for each category that you select, to be bound by the exact parameters of use as outlined in the Glossary of terms. Expanding usage parameters will require a separate and individual contract which includes your desired features.
INTIMATE GUITAR SUITES may provide you the opportunity to download (through specials/promotionals, etc. or even as a standard feature of each product) an audio file of the Track for evaluation purposes only. In this case, INTIMATE GUITAR SUITES grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer’s hard drive) and use the Track solely for evaluation purposes, to test the Track (including using the Track in animatic and video sequences) or for demonstration to your clients, but only when used in a non-commercial manner (unless noted otherwise on the product page associated with the item).
Outside of the conditions described above, rates and rights must be negotiated before use. All Tracks and all rights not expressly granted in writing remain the exclusive property of INTIMATE GUITAR SUITES and its affiliated artists.
Unless permitted in the License, you may not:
– Sublicense, re-license, rent or lease any Track
– Copy or publish any Track to a network or bulletin board
– Otherwise distribute or allow any Track to be distributed to or used by anyone other than the authorized users, without prior written consent from INTIMATE GUITAR SUITES
– Use any Track in connection with any form of pornography
– Use any Track in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner
– Use any Track to promote a business that sells or licenses Tracks, or otherwise competes with INTIMATE GUITAR SUITES in any manner
– Ship, transfer or export any of the Tracks into any country or use any of the Tracks in any manner prohibited by any export laws, restrictions or regulations.
5. CUE SHEETS
Cue sheets are an important and necessary step in the remuneration process for INTIMATE GUITAR SUITES and its artists. Before you release any production containing music licensed on this site, you are required to fill out and submit (or arrange to have us fill out and submit) a cue sheet identifying exactly how the music is being used. You can find an explanation for why cue sheets matter along with a sample and blank copy for you to use. Or you can fill out this convenient online form.
6. ENFORCEMENT AND INDEMNIFICATION
INTIMATE GUITAR SUITES will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should INTIMATE GUITAR SUITES be notified or otherwise discover any infringement or wrongful use of any Track, information, or content available through this website – you must adhere to the specific parameters of the licensing options chosen.
You will indemnify INTIMATE GUITAR SUITES, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Tracks, content and related rights.
7. PRIVACY POLICY
INTIMATE GUITAR SUITES fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website. INTIMATE GUITAR SUITES reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.
Personally Identifiable Information
In order to fulfill licensing transactions or provide service to you as a customer of INTIMATE GUITAR SUITES, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit information. By providing this information to INTIMATE GUITAR SUITES, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to INTIMATE GUITAR SUITES, trusted affiliates and any necessary payment processors. We use standard commercial practices for keeping such data confidential. All transactions are processed securely through a third party (such as Paypal).
If you have provided us your email address, INTIMATE GUITAR SUITES periodically sends promotional emails to its subscribers about services and product offered by INTIMATE GUITAR SUITES and its carefully selected partners. If you wish to receive email information from INTIMATE GUITAR SUITES or its partners, please opt in on the sign up page or let us know by emailing us at: intimateguitarsuites@gmail.com or by writing us at Intimate Guitar Suites, 7424 SE Insley St., Portland, OR 97206.
8. DISCLAIMERS
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND INTIMATE GUITAR SUITES EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. INTIMATE GUITAR SUITES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. INTIMATE GUITAR SUITES NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Modifications to the Site and the Services
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 specifically stated in these Terms, any Licenses or elsewhere on this website, or as otherwise required by applicable law, neither INTIMATE GUITAR SUITES nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the INTIMATE GUITAR SUITES website; however, these other websites are not controlled by INTIMATE GUITAR SUITES and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against INTIMATE GUITAR SUITES regarding the inclusion of links to outside websites or your use of those websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
9. LEGAL
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the state of Oregon, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts located in Portland, Oregon and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, INTIMATE GUITAR SUITES will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of INTIMATE GUITAR SUITES, such action is necessary or desirable. (include binding arbitration clause)
Waiver or Amendment
No action of INTIMATE GUITAR SUITES, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect.
We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.
These Terms set out the entire agreement between INTIMATE GUITAR SUITES and you relating to your use of this website.
To agree to and sign this license agreement, please create an account. If you have an account, you have already agreed to the terms of this license.
Please download a copy of this Intimate Guitar Suites Licensing Store TOU Agreement for your records.