Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE EZ EDIT MUSIC WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND IMAGINARY NOTES MUSIC, INC.
By accessing any service or part thereof under the this domain, you agree to be bound by the terms of this Agreement. Imaginary Notes Music, Inc. (aka "EZ Edit Music") reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
This Site is owned and operated by Imaginary Notes Music, Inc. All content on this web site is owned by Imaginary Notes Music, Inc. or its partners/contributors and is protected by International copyright laws. Imaginary Notes Music, Inc. retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Imaginary Notes Music, Inc. (aka "EZ Edit Music"), if you fail to comply with any provision of this agreement. Imaginary Notes Music, Inc. reserves the right to terminate this site without notice.
2. AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Imaginary Notes Music, Inc. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the Imaginary Notes Music, Inc. License Agreement (requiring your digital signature upon purchase - at checkout) and any other relevant Licensing Agreements.
3. LINKS TO THIRD PARTY SITES
EZ Edit Music provides links to third-party sites as a convenience to you. Imaginary Notes Music, Inc. (aka "EZ Edit Music") does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Imaginary Notes Music, Inc. (aka "EZ Edit Music") of such sites. Imaginary Notes Music, Inc. (aka "EZ Edit Music") is not responsible for the content of any linked sites.
4. LIMITED WARRANTY
Imaginary Notes Music, Inc. (aka "EZ Edit Music") represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
YOU REPRESENT, WARRANT AND COVENANT THAT:
You are at least 18 years of age and have the right to enter into this Agreement;
You will not use the content in any way that is not permitted by this Agreement or any other relevant Licensing Agreements;
Your use of the content will not violate any applicable law or regulation of any country, state, or other governmental entity;
The information you provide to EZ Edit Music is accurate and true, including without limitation all credit card information;
You agree that all passwords to your EZ Edit Music account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to terminate this Agreement immediately with notice to you, retain all unpaid payments pursuant to this Agreement and seek any legal or equitable remedies.
5. LIMITATION OF REMEDIES
Cancellation/Expiration: In the event this Agreement is not terminated but the download period for prior-licensed music tracks has been canceled or has expired, you may continue to use the product that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
No Monetary Damages: Under no circumstances whatsoever will Imaginary Notes Music, Inc. (aka "EZ Edit Music") be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the content even if Imaginary Notes Music, Inc. (aka "EZ Edit Music") or a distributor authorized by EZ Edit Music has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Imaginary Notes Music, Inc. (aka "EZ Edit Music") harmless from, and against, all claims, expenses or liability asserted against Imaginary Notes Music, Inc. (aka "EZ Edit Music") arising out of or in connection with any breach of any of the terms of this Agreement.
EZ Edit Music will provide all valid account-holders access to download licensed music tracks beyond the date of purchase; however, EZ Edit Music reserves the right to limit the period of time that prior-licensed purchases remain available for download. We will notify you by e-mail before terminating access to prior-licensed, purchased product. If for any reason the EZ Edit Music server is inaccessible for an unreasonable period of time, we will make arrangements to deliver your product to you by other means, if necessary.
This Agreement constitutes the entire agreement between you and Imaginary Notes Music, Inc. (aka "EZ Edit Music") regarding our Terms And Conditions. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision of the Licensing Agreement, which you must read, agree to, and digitally sign/accept before completing a purchase; and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Imaginary Notes Music, Inc. (aka "EZ Edit Music") to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
9. LEGAL FEES
If Imaginary Notes Music, Inc. (aka "EZ Edit Music") is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Imaginary Notes Music, Inc. (aka "EZ Edit Music") for its legal fees, costs, and disbursements if Imaginary Notes Music, Inc. (aka "EZ Edit Music") is successful.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without prior written consent from Imaginary Notes Music, Inc. (aka "EZ Edit Music").
11. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE BETWEEN YOU AND IMAGINARY NOTES MUSIC, INC. (AKA "EZ EDIT MUSIC"), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND IMAGINARY NOTES MUSIC, INC. (AKA "EZ EDIT MUSIC") RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN THE EZ EDIT MUSIC WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT. THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND WAS SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF SUBSEQUENT TRANSLATIONS CANNOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.