The English version of the License
(Note that the Legalese version is the OFFICIAL license – this paragraph is merely a summary in plain English, and does not override the Official Legalese Version in any way, shape, form or manner. In caseof a conflict, the official legalese version takes precedence).
The license basically states (in legalese, of course!) that you will have permission to use the tracks purchased here on a royalty-free basis for a limited number of uses. These uses will include broadcasting on a Government-Access and Public-Access cable channel, and for use in programming for such channels. The music is to be used in a SECONDARY (i.e. background) manner. If you’d like to use one of our tracks as a Theme song, you’ll need to contact us – we have a different license for that.
We protect your privacy, and will not give out any information about you or your account to anyone….well, unless a valid US court orders us to do so.
If you have a question, then contact us!
We do offer some special deals for educational use, since we are both teachers. Just ask!
GOV ACCESS MUSIC TERMS OF SERVICE
These Terms of Service are a legal agreement (“the Agreement”) between you and Gov Access Music, Inc. (“Gov Access Music”) stating the terms that govern your use of Gov Access Music Downloads (the “Service”). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.
Gov Access Music may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Music Cart License section) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.
Although Gov Access Music uses commercially reasonable efforts to protect the security of your information, Gov Access Music cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
2. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Gov Access Music may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Gov Access Music in its sole discretion. You agree that Gov Access Music may store and use the Registration Data you provide (including credit card information) for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card.
3. User Account and Service Security.
Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Gov Access Music of any unauthorized use of your Account or any other breach of security. Gov Access Music shall not be responsible for any losses arising out of unauthorized use of your Account.
Gov Access Music will obtain your consent before allowing the download of any software from the Gov Access Music Site, and Gov Access Music will not automatically download any software to your computer system. Once you consent to the initial download of any software, if any, you may receive automatic updates or patches pertaining to such software. You understand and agree that any material, including but not limited to downloaded software, required or automated updates, modifications, reinstallations, or software otherwise obtained through the use of the Gov Access Music website is done at your own discretion and risk and that you will be solely responsible for
any damages to your computer system or loss of data that may result from any such material.
Security. You understand that the Service, and products purchased through the Service, such as music, images, artwork, text, software and other copyrightable materials (“Products”), may include a security framework using technology that protects digital information and imposes usage rules established by Gov Access Music and its licensors (“Usage Rules”), set forth below. You agree that your purchase of Products constitutes your agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may result in civil or criminal liability. Gov Access Music reserves the right to modify the Usage Rules at any time. Your compliance with the Usage Rules may be monitored by Gov Access Music, and Gov Access Music reserves
the right to enforce the Usage Rules with or without notice to you.
4. Technical Requirements.
Product and Service Requirements. You acknowledge that use of Products requires other hardware and software tools (e.g., for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software is your sole responsibility. Once a Product is downloaded, and you receive it, Gov Access Music shall be without liability to you in the event of its loss, destruction, or damage. Gov Access Music reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Products.
5. Usage Rules.
You are entitled to download, export, burn or copy Products solely for use in accordance with the terms of this Agreement as follows: a non exclusive right to broadcast the Products on public access and government access channels for background uses only, in conjunction with third-party content, and no other usage. If you intend to use the Products for a theme song or other more prominent use than background, you must contact Gov Access Music directly to negotiate a separate synchronization license.
Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by Gov Access Music or its licensors and you have only a limited, nontransferable, nonexclusive, revocable,
nonsublicensable right to use the Products in accordance with the terms of this Agreement.
You may not reproduce, publish, transmit, distribute, display, broadcast (except as noted above), re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use a free or purchased track as a musical “ringer” in connection with phone calls. You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms “sell,” “purchase,” “order,” or “buy” on the Service or in this Agreement.
WITHOUT LIMITING ANY PROVISION HEREIN, GOV ACCESS MUSIC MAKES NO WARRANTY THAT ANY PARTICULAR DISC BURNER OR VIDEO DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY DISC BURNED USING THE SERVICE WILL FUNCTION IN ALL DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
6. Order Acceptance Policy; Changes to the Service; Other Restrictions.
Changes to the Service. Gov Access Music and/or the owners of the Content, may from time to time, remove Content from the Service without notice.
In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service. The Service is available only for individuals who are at least eighteen (18) years of age. Gov Access Music is relying on your representation that you are at least 18 years of age; Gov Access Music would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. Gov Access Music does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.
Territory. Purchases from Gov Access Music Downloads are available only in the United States and are not available in any other location. You agree not to use or attempt to use the service from outside of the available territory. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
Usage Rules. You must use the Product(s) in accordance with the Usage Rules set forth in Section 5 above.
Download within 90 days. You must download the Product within 90 days of purchase. After 90 days, the Product will no longer be available for you to download. There is no refund for Products that are not downloaded within 90 days.
First play within 120 days. You must play the Product for the first time within 120 days of purchase. After 120 days, if you have not yet played the Product, the license file that is required to play the Product will no longer be available. There is no refund for Products that are not played for the first time within 120 days.
7. Agreement to Pay.
Payment for Products. You agree to pay for all Products you purchase through the Service, and that Gov Access Music is authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Gov Access Music with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the registration process. If you want to designate a different payment method or if there is a change in your credit or debit card status, you must change your credit or debit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Gov Access Music can verify the validity of the new credit or debit card information.)
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications.
Payment Methods. Gov Access Music currently accepts major credit cards, Visa or MasterCard branded debit cards, and checks as a form of payment. If you are using a credit or debit card, Gov Access Music obtains a pre-approval from the issuing bank at the time your order is placed. Your credit or debit card will be billed when the Product is “shipped”. For purposes of the Service, an order will be deemed “shipped” when the link for the Product download is presented to you. Gov Access Music may bill your chosen payment method after each individual Product is shipped, or may aggregate multiple purchases you make through the Service into a single charge to your account. We are unable to accept credit or debit cards issued by banks outside of the United States. Debit
cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card or check.
Sales Tax. Gov Access Music purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the Product is purchased, the new tax rate in effect at the time of purchase will apply. We will only charge tax in states and localities where music downloads are taxable.
Prices. Gov Access Music reserves the right to change prices for Products offered at Gov Access Music Downloads at any time.
Customer Service. For assistance with billing questions or other order inquiries, you can contact us via telephone at 478-742-7956, or via email at firstname.lastname@example.org
8. Delivery of Product.
Gov Access Music Downloads makes every effort to provide a broad music offering. For this reason, Gov Access Music reserves the right to change music options without notice.
On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Gov Access Music.
9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Gov Access Music and/or its licensors, and are protected by applicable intellectual property and other laws, including but not
limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service will be limited by copyright law and you agree to make no use of the Service that would infringe on the copyright in the elements thereof. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY
THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Trademarks. Gov Access Music, affiliated logos, and other Gov Access Music trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Gov Access Music, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Gov Access Music, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising a part of the Service. Gov Access Music will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. Gov Access Music further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with our without notice, for any or no reason. In particular, if you fail, or Gov Access Music suspects that you have failed, to comply with any of the provisions of
this Agreement, including but not limited to failure to make payment of fees due, failure to provide Gov Access Music with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, Gov Access Music, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
Survival. The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and 18 will survive termination of this Agreement.
11. General Compliance with Laws.
The Service is controlled and operated by Gov Access Music from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
12. Enforcement of These Terms of Service.
Gov Access Music reserves the right to takes steps Gov Access Music believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gov Access Music’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Gov Access Music has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Gov Access Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gov Access Music’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party
claim that your use of the Service and/or Products is unlawful and/or infringes such third
13. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Gov Access Music may provide links to certain third-party web sites. You acknowledge and agree that Gov Access Music is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Gov Access Music does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
14. Disclaimer of Warranties; Limitation of Liability.
Gov Access Music does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time Gov Access Music may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Gov Access Music does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Gov Access Music disclaims any liability relating thereto. You are responsible for backing up your own system.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and services delivered to you through the Service are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, all of which are expressly disclaimed to the full extent permissible under applicable law. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Gov Access Music or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental, punitive, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, including, without limitation, any errors or omissions in any content, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Gov Access Music has been advised of or should have known of the possibility of such damages. In no event
will Gov Access Music be liable for any damages in excess of the greater of (1) the fees paid by you in connection with your use of the Service during the six month period preceding the date on which the claim arose or (2) $100US.
You acknowledge and agree that your submission of information is at your sole risk, and Gov Access Music hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Gov Access Music makes no warranty that any particular software, equipment or other device or system will be compatible with the Products or the Service or that any software, equipment or other device or system using the Service will function in any manner. It is your sole responsibility to ensure that your software, equipment and other devices and system(s) will function correctly with the Products and the Service.
15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold Gov Access Music, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by Gov Access Music as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from Gov Access Music, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Gov Access Music’s conclusion that a violation of this Agreement has occurred.
Gov Access Music reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
17. Governing Law; Remedies.
The laws of the State of Georgia, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Gov Access Music or relating in any way to your use of the Service resides in the courts of the State of Georgia.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to Gov Access Music and/or its affiliates or licensors for which money damages would be inadequate, and in such event Gov Access Music, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Gov Access Music, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for
intellectual property infringement.
This Site is provided by Gov Access Music (referred to throughout this Site as “Gov Access Music”) as a service to our customers.
Use of this Site
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely as follows: a non exclusive right for you to broadcast the Products on public access and government access channels for background uses only, in conjunction with third-party content, and no other usage. If you intend to use the Products for a theme song or other more prominent use than background, you must contact Gov Access Music directly to negotiate a separate synchronization license.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit (except as noted above), distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Gov Access Music or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission (except as noted above), republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Gov Access Music’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Gov Access Music is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. Gov Access Music will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Gov Access Music on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing and Content Information
While Gov Access Music strives to provide accurate pricing information, pricing or typographical errors may occur. Gov Access Music cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Gov Access Music shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Gov Access Music may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Merchandise Content: Gov Access Music attempts to be as accurate as possible in its product descriptions. However, Gov Access Music does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Gov Access Music and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
You acknowledge that the purchased goods licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gov Access Music, one of its affiliates or by third parties who have licensed their materials to Gov Access Music and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Gov Access Music and is also protected by U.S. and international copyright laws.
Gov Access Music and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Gov Access Music’s or any third party’s intellectual property rights.
The Gov Access Music names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Gov Access Music, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gov Access Music on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Gov Access Music’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gov Access Music of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Gov Access Music will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gov Access Music will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Gov Access Music is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Gov Access Music does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Gov Access Music the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Gov Access Music and its affiliates for all claims resulting from any Comments you submit. Gov Access Music and its affiliates take no
responsibility and assume no liability for any Comments submitted by you or any third party.
You agree to defend, indemnify and hold harmless Gov Access Music and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
This site is provided by Gov Access Music on an “as is” and “as available” basis. Gov Access Music makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or Products included on this site. To the full extent permissible by applicable law, Gov Access Music disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Gov Access Music disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Gov Access Music web site, that your use of the site is at your sole risk. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
Limitation of liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Gov Access Music or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Gov Access Music web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Gov Access Music has been advised of or should have known of the possibility of such damages. In no event will Gov Access Music be liable for any damages in excess of the fees paid by you in connection with your use of the site during
the six month period preceding the date on which the claim arose.
proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Georgia and you consent to the exclusive personal jurisdiction of such courts.
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Gov Access Music to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Gov Access Music’s Designated Agent. If you believe that your
copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Gov Access Music’s Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Gov Access Music’s Designated Agent that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gov Access Music to locate the material;
4. Information reasonably sufficient to permit Gov Access Music to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Gov Access Music’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
PO Box 13526
Macon, GA 31208-3526
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of a valid notification of alleged copyright infringement by a third party, Gov Access Music shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material. You should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Gov Access Music, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter
notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Gov Access Music’s Designated Agent that includes the following:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Gov Access Music receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Gov Access Music has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Gov Access Music’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Gov Access Music, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
What Personal Information We Collect
As set forth in more detail below, GovAccessMusic.com, Inc. (“Gov Access Music” or “We”) collects personal information that you provide when using the Gov Access Music website (“Site”). This information includes your first and last name, email address and a password when you create your Gov Access Music account.
We may ask you to confirm your personal information when you contact our Customer Service department. This will allow us to protect your confidentiality by verifying your identity.
When you make a purchase from Gov Access Music, we (or our authorized payment collector) collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address and phone number of the intended recipient(s).
Services Account Information
We collect personal information from customers who wish to use any of the Gov Access Music services. In order to use these services, you must provide your email address and password or create an account at Gov Access Music.
Contacting Gov Access Music
We will use your email address, or phone number in some instances, to respond to your questions, suggestions and/or requests for assistance in using this Site.
We will never sell or rent such information to any third parties.
How We Use Your Personal Information
Information we collect on Gov Access Music may be used to enhance your shopping experience in the following ways:
* Deliver merchandise and services that you purchase online
* Register you as a member of Gov Access Music
* Prevent fraud and bill you for your purchases
* Confirm your orders
* Respond to your customer service inquiries or requests
* Communicate great values and featured items to you
* Find and stock the products you want
* Customize your shopping experience
* Comply with valid legal procedures, requirements, regulations or statutes
When and With Whom We Share Your Personal Information
We never sell or rent your personal information to any third parties under any circumstances. We will share personal customer information and/or purchase history only with our agents, representatives, service providers and contractors for limited purposes, including but not limited to, fulfilling customer orders; offering certain products and services in connection with this Site; communicating to customers; providing customer service; enhancing and improving customers’ shopping experience; administering or facilitating surveys; enabling access to our partners’ websites; providing a personalized shopping experience; preventing fraud; and completing payment method processing.
Aside from the purposes described above, we will never share your personal information
with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required to prevent harm or injury (such as product recalls, fraud, claims or other liability), or to comply with valid legal processes (subpoenas, warrants) as required by law.
How You Can Control the Use of Your Personal Information
You can modify or delete your personal information anytime. Do not share your Gov Access Music password with anyone. Other than on this Site, Gov Access Music will never ask you for your password.
How We Protect the Security of Your Personal Information
The security of your personal information is very important to us. Any financial related information is encypted using industry-standard SSL (Secure Socets Layer) technology, through the Paypal service. This guarantees the security of sensitive financial information.
Ultimately, your personal information is protected by the password you created when you signed up for an account at Gov Access Music (or another password you chose after changing a previous password). Please keep this password confidential. No Customer Service Associate or any other representative of Gov Access Music will ever ask you for your password.
The confidentiality of your password is yours to protect. You may change it anytime by going to My Account. Log in with your email address and password, then click “Change Name, Email & Password” and enter a new password.
How We Protect the Privacy of Children
To protect children’s personal information and to meet the standards of the Children’s Online Privacy Protection Act (COPPA), we do not collect any personal information from children under 13 that can be used to specifically identify them. Gov Access Music is a general audience website not geared toward children. Children under the age of 13 may browse this Site, but they may not create a Gov Access Music account, or make a purchase.
More About Your Privacy
We realize that making purchases at Gov Access Music, or any other web site, requires trust on your part. We value your trust very highly, and pledge to you, our customer, that we will work to protect the security and privacy of any personal information you provide to us and that your personal information will only be used as set forth in this Policy. This includes your name, address, phone number, email address, and credit card or checking account information, in addition to any other personal information that can be linked to you, personally.
We believe that you have a right to know, before shopping at Gov Access Music or at any other time, exactly what information we might collect from you, why we collect it and how we use it.
We do not and will not sell or rent your personal information to anyone. You have the right to control your personal information as you see fit. If you have an account at Gov Access Music and you want to change, modify or delete any of your personal information, you can do so anytime.