Terms of Service

 

 

Welcome to Juan G. Garcia Music

Terms of Service

Welcome to the Juan G. Garcia Music website. We have established a few ground rules to help make this site helpful and safe for all our visitors. Please read these terms carefully before using this site.

This Web site is provided by Juan G. Garcia Music and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions and or the website Privacy Policy, do not use the site or download materials from the site.

Limited License

The content of this Web site, www.juangarciamusic.com (the “Site”), including but not limited to the text and images displayed herein and their arrangement (collectively, the “Materials”), are copyrighted by Juan G. Garcia Music. The Materials on this Site and any other website owned, operated or controlled by Juan G. Garcia Music or any of its related, affiliated or subsidiary companies may not be copied, modified, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Juan G. Garcia Music, except you may download one copy of the Materials onto your computer for your personal, non-commercial use, provided you do not delete or change any copyright, trademark or other proprietary notices contained in the Materials.

Modification or use of the Materials other than as permitted above is a violation of Juan G. Garcia Music’s intellectual property rights. No other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify the Materials, hyperlink other websites to this Site, or to use Juan G. Garcia Music trademarks, trade names or copyrighted materials for any reason.

You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Juan G. Garcia Music does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PRODUCT COLORS MAY NOT BE EXACTLY AS THEY APPEAR ON YOUR SCREEN. PRODUCTS PICTURED MAY NOT BE AVAILABLE FOR PURCHASE IN ALL GEOGRAPHIC AREAS. Juan G. Garcia Music DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE AVAILABILITY OF THE PRODUCTS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

Juan G. Garcia Music MAY, BUT SHALL NOT BE REQUIRED TO, UPDATE THE MATERIALS AND/OR CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Juan G. Garcia Music MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third-Party Sites

As a convenience to you, Juan G. Garcia Music may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Juan G. Garcia Music makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Juan G. Garcia Music or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Juan G. Garcia Music or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by Juan G. Garcia Music, except that Juan G. Garcia Music consents to links in which: (i) the link is a text-only link containing only the name “Juan G. Garcia Music”; (ii) the link “points” only to www.juangarciamusic.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Juan G. Garcia Music nor be such as to damage or dilute the goodwill associated with the name and trademarks of Juan G. Garcia Music or its Affiliates. Juan G. Garcia Music reserves the right to revoke this consent to link at any time in its sole discretion.

Information Provided By You

Any personally identifiable information you may provide to Juan G. Garcia Music via this Site is protected by the Privacy Policy associated with this Site.

Juan G. Garcia Music does not want you to, and you should not, send any confidential or proprietary information to Juan G. Garcia Music via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Juan G. Garcia Music will not be considered confidential or proprietary. By providing any such information or materials to Juan G. Garcia Music, you grant to Juan G. Garcia Music an unrestricted, irrevocable, worldwide, royalty-free license to use, modify, reproduce, display, publicly perform, transmit, distribute and create derivative works of such information and materials, and you further agree that Juan G. Garcia Music is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Juan G. Garcia Music. You further recognize that Juan G. Garcia Music does not want you to, and you warrant that you shall not, provide any information or materials to Juan G. Garcia Music that is libelous, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Submissions of Customized Content

You agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Limitation of Damages; Indemnity

IN NO EVENT SHALL Juan G. Garcia Music OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Juan G. Garcia Music IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold Juan G. Garcia Music harmless from and against any losses, liabilities, damages, demands, claims, causes of action and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or related to your use of the Materials and/or the Site, or your provision of information or materials to Juan G. Garcia Music.

Changes

Juan G. Garcia Music reserves the right, in its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time, without notice. Your continued use of the Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

Juan G. Garcia Music may terminate, change, suspend or discontinue any aspect of the Juan G. Garcia Music Site, including the availability of any features of the Site, at any time. Juan G. Garcia Music may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Juan G. Garcia Music may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials in your possession or under your control.

International Users and Choice of Law

This Site is controlled, operated and administered by Juan G. Garcia Music from its offices within the United States of America. Juan G. Garcia Music makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations.

If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. Any dispute arising out of or in connection with these terms and conditions or your use of the Site shall be adjudicated exclusively in the state or federal courts of the State of New York, and you hereby consent to the personal jurisdiction and venue of such courts.

These terms and conditions, together with the Privacy Policy and any other terms agreed to by you in the course of using the Website and related services, constitute the entire agreement between Juan G. Garcia Music and you with respect to your use of our Website. These terms and conditions may not be amended or waived without the prior written consent of Juan G. Garcia Music.

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

Copyright and Trademark Information

Juan G. Garcia Music, the Juan G. Garcia Music Logo and all other trademarks, unless otherwise noted, are owned or licensed by Juan G. Garcia Music. All other brand names, product names, or trademarks belong to their respective holders.

Images of people, places, products or personalities displayed on this Site are either the property of, or used with permission by, Juan G. Garcia Music. The use of any of these images by you, or anyone else authorized by or associated with you, is prohibited unless you obtain prior written permission from Juan G. Garcia Music. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity and/or communications laws and regulations and subject you to liability for damages.

Last Updated: May 2021