Terms and Conditions
These Watershed Music Group Terms & Conditions (“Terms”) are a legal agreement between you and Watershed Music Group, LLC (“WMG”) that governs your access to and use of websites and services offered through this site (“Services”). References to “you” and “your” mean any person or legal entity that visits, accesses, or uses the Services.
By accessing or using the services provided on this website, you agree to be bound by these terms. IF YOU ACCESS OR USE THE SERVICES ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN YOU HEREBY REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS, AND THE TERM “YOU” INCLUDES THAT COMPANY, ORGANIZATION, OR ENTITY.
Eligibility. You represent that you are at least 18 years old or the age of legal majority in your jurisdiction. If you are under age 18, you may not use or access the Services.
Additional Terms. Prior to access and use of certain Services available through our site, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms, including (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. If you are an individual accessing or using the Services on behalf of a company, organization, or entity (such as your employer), you acknowledge and agree that your access and use of the Services may be governed by Additional Terms entered into by that company, organization, or entity. To the extent of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
Service Use. You agree that when using the Services, you will not engage in or attempt to engage in any improper uses. Improper uses include violating these Terms, as well as any applicable law or regulation.
All Sales Final. You agree that all sales and payments provided in exchange for our services are final and nonrefundable.
Changes To These Terms. WMG reserves the right to change these Terms at any time upon notice. WMG may give notice by making the updated Terms available through the Services, sending you an e-mail, or by any other reasonable means. Use of the Services after the update of any Terms date will constitute your acceptance of the updated Terms.
Disclaimer of Warranties. To the maximum extent permitted by applicable law our services are provided “AS-IS”, “WITH ALL FAULTS” and “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WMG does NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT. IN PARTICULAR, WMG MAKES NO WARRANTY: (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SERVICES ACCESSED IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WMG BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT, EVEN IF WMG OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Exclusive Remedy. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, WMG’s AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WMG WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. WMG HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, WMG’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, and hold WMG and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your material (including anything you submit to us) or your use of the Services; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. WMG reserves the right to assume, at its sole expense, the exclusive defense, and control of any matter subject to indemnification by you, in which event you will fully cooperate with WMG in asserting any available defenses.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of New York without reference to its conflict of laws provisions. Subject to the Arbitration Provision, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in the State of New York for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
General. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely”. WMG’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on WMG if it is in a written document signed by WMG. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants, and restrictions will remain in full force and effect. You and WMG intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and WMG agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. WMG may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of WMG ’s successors and assigns. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and WMG with respect to the Services. Both you and WMG warrant to each other that, in entering this agreement, neither WMG nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you or WMG, and WMG’s successors and assigns, will have any right to enforce these Terms.
Contact Information. WMG may give you all notices (including legal process) that WMG is required to give by any lawful method, including by making such notice available through the Services or on WMG’s website located at and found via www.watershedmusicgroup.com or by sending it to any e-mail or mailing address that you provide to WMG. You acknowledge that if you do not provide WMG with current and accurate contact information, WMG may not be able to contact you. You agree to send WMG notice by mailing it to the following address:
WATERSHED MUSIC GROUP
PO Box 6370
McKinney, TX 75071
Notices of Claims of Copyright Violations and Agent For Notice. If you are a copyright owner and have a good faith belief that any material available on the Services infringes upon your copyrights, you may submit a copyright infringement notification to WMG pursuant to the Digital Millennium Copyright Act by providing WMG with the following information in writing: (1) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material you claim is infringing is located on the Services, with enough detail that WMG may find it on the Services; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WMG’s agent for notice of claims of copyright infringement can be reached as follows:
WATERSHED MUSIC GROUP
Attention: Legal Department
PO Box 6370
McKinney, TX 75071
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material infringes your copyright, you should contact an attorney prior to sending notice.