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PRODUCTION BACKGROUND MUSIC FOR ONLINE VIDEO AND WEBSITES

EZ Edit Music Terms and Conditions:




In using this website you are deemed to have read and agreed to the following terms and conditions:

Definitions

• “The Company” shall refer to “EZ Edit Music” or “Imaginary Notes Music, Inc.”
• “You” or “Your” shall refer to the user.

Disclaimer: Exclusions and Limitations

To the fullest extent of the law The Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or The Company’s literature and excludes all liabilities for damages arising out of or in connection with your use of this website. This includes, but is not limited to, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Payment

For simplicity and security, we use PayPal as a payment method. All monies shall be paid in full and received by Imaginary Notes Music, Inc. before you receive your license.

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by use and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements and terms and conditions of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Communication

We have several different email addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated mailing address:
Imaginary Notes Music, Inc.
3525 Del Mar Heights Rd., #763
San Diego, CA, 92130

Force Majeure

Neither party shall be liable to the other party for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made disaster outside of the control of either party, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable efforts to comply with the terms and conditions of any agreement.

DMCA Policy

The Company respects the intellectual property of others. While we only license our own original music, or music for which we have obtained the rights to license, it is possible that some may believe our material infringes on the intellectual property of others. If you believe that your copyrighted work has been used in way that constitutes copyright infringement and is accessible on this site, you may notify us, as set forth in the Digital Millennium Copyright Act of 1998. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
• A statement that the complaining party “in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”.
• A statement that the “information in the notification is accurate,” and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
The above information must be submitted as a written, mailed or emailed notification to the following address:

Email:
ezinfo [at] ezeditmusic [dot] com

Mail:
Imaginary Notes Music, Inc.
3525 Del Mar Heights Rd., #763
San Diego, CA, 92130

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Intellectual Property Notice

Copyrights, Trademarks and other relevant intellectual property rights exists on all pages relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company features on this web site are trademarked. All music presented on this website – either as licensed product or demonstration recordings shall not be copied, transferred, dubbed, or otherwise used outside of this website, except as provided in our licensing agreement for purchased items.  At times, other intellectual property owned by other entities may be hosted on this site. You agree that you are not to use any of this intellectual property without the express written consent of the intellectual property rights holder.

Waiver

Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.

General

This agreement shall be governed by the laws of the State of California and all disputes shall be governed and decided upon as such. You hereby consent to arbitration if any dispute is to arise. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining provisions shall remain in full force and effect. Failure of the Company to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any agreement or any part thereof, or the right thereafter to enforce each and every provision. These terms and condition shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by email or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the agreement between You and the Company. Your accessing of the website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full terms and conditions contained herein. Your statutory consumer rights are in no way affected by this agreement.

Account User Agreement

In this Agreement, “you” and “your” mean any person or entity that has opened an Account and is authorized to use it as provided in this Agreement, and “we,” “us,” “our,” mean “EZ Edit Music” or “Imaginary Notes Music, Inc”. and their successors and assigns.

Opening an Account: To open an Account, you must provide all requested information, including information requested to enable us to verify your identity. You agree: (i) to provide personal information during the registration process and thereafter that is accurate and complete (ii) to update your personal information, including current email address, as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.

If you do not have an existing EZ Edit Music account, you will be required to choose a password that you will need to use to make purchases using your Account, and access information regarding your Account, including available downloads and transaction history. If you do have an existing EZ Edit Music account, the username and password you created at that time will be used to access Account information. You are responsible for keeping this password safe and secure. Notify us immediately if you believe that the security of your Account or password has been compromised.
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Fees: There are no fees associated with opening, using, reloading, or closing your Account.
Statements and Records: We will not send you a paper statement regarding your Account and transactions. You can check your downloads and transaction history at any time by logging on to your Account. Your transaction history will show:

Information relating to each Account transaction which will enable it to be identified.
The amount of the transaction.

Address or Name Changes: You are responsible for notifying us of any change in your physical address, mailing address, e-mail address, phone number, or your name, no later than two weeks after the effective date of the change. Any such change may be made by updating your Account details on our website or by contacting EZ Edit Music. We will not be liable to you if your contact details have changed and you have not informed us of such.

Authorized Users: Your Account may only be used by you or any authorized additional Account user(s). You are responsible for all authorized transactions initiated by use of your Account. If you permit someone else to use your Account, we will treat this as if you authorized the person to use your Account and you will be responsible for any transactions initiated by such person with your Account, even if the amount of the transaction or number of transactions exceeds what you authorize.

Managing and Protecting Your Account: You are responsible for your Account and any security information, including your password, associated with your Account. You should not share your security information with anyone other than other authorized users of your Account. You must keep your security information secret and safe.
You will need Your Security Information to perform certain functions in relation to Your Account online such as:
Completing transactions.
Checking your transaction history and transaction details; and
Changing your contact and other personal information.
Changing your password or other security information.
If you lose or forget your password or other security information, please contact us.
If you believe someone else knows your security information, or has accessed your Account without your permission, you should contact us immediately. Failure to properly protect your security information, or to promptly notify us when you believe your security information may be compromised, may affect your ability to claim any losses should your Account be compromised.
Refunds for Purchases Made Using Your Account: If you request and are entitled to a refund (according to the terms of the specific purchase agreement) for a purchase which was paid for but not received, we will find a suitable method for delivery of your music track(s) to fulfill your purchase.

Error Resolution Procedures: In case of errors or questions about a transaction arising from the use of your Account, or if any records you see show transactions that you did not make, contact us immediately. You must contact us about any such transaction no later than 60 days after the transaction appeared on your transaction history report. In order to help you with your questions, we will need the following information:
Your name, e-mail address, and phone number.
A description of the error or transaction you are unsure about and why you believe there is an error or why you need more information; and the dollar amount of the suspected error.

We reserve the right to require a written statement from you and to conduct an investigation into the validity of any request. If required, such written statement must be provided within ten (10) business days, and you agree to provide us all information and assistance reasonably requested in order to timely make a complete investigation of the issue.

We may delay commencement of an investigation until we have received all requested information from you. We will inform you of the results after completing our investigation. If we determine an error has occurred, we will credit the transaction in error upon completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in our investigation may be obtained by contacting us.

Restricting Account Access: We may restrict access to your Account, temporarily or permanently, if we notice suspicious activity in connection with the Account or if we have reasonable grounds to believe that you are acting in breach of this Agreement, and we will notify you if we do so. We have no liability for restricting access to the Account because of suspected suspicious activity. Access will be reinstated if we determine that there has been no unauthorized use of the Account.

We reserve the right to suspend or cancel your Account (i) if attempted purchases with your Account are declined or dishonored repeatedly (ii) if you violate this Agreement, (iii) if there are potential fraud or security risks associated with your Account, as determined by us, or (iv) for any reason allowed by law. We may, in our sole discretion, decide not to exercise our right to suspend or cancel your Account upon the occurrence of an event described in the preceding sentence; but forbearing from exercising our right to suspend or cancel your Account (either once or repeatedly) will not constitute a waiver of or preclude the exercise of our right to do so in the future upon the occurrence of an event described in the preceding sentence.

Your ability to use or access your account or account information may occasionally be interrupted, for example, if we need to carry out maintenance on our systems or websites. Please contact us to notify us of any problems you are experiencing using your Account and we will endeavor to resolve any problem.

Account Closure: This Agreement will continue indefinitely unless terminated. You may cancel your Account at any time by contacting us. We reserve the right to investigate all requests for cancellation and refunds and to enable all Account transactions made prior to Account cancellation to post before processing a refund. Your closure of your Account and/or termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Disclosure of Information to Third Parties : We may disclose information to third parties about your Account in the following circumstances:
Where it is necessary for completing transactions
To our employees, auditors, affiliates, service providers, or attorneys as needed
To protect against potential fraud and other crimes
If you give us written permission
In order to comply with government agency, court order, or other legal or administrative reporting requirements, or when otherwise permitted by law; or
As otherwise necessary to fulfill our obligations under this Agreement

Amendment: We may change the terms and conditions of the Agreement at any time by notifying you by e-mail or posting the change on our website at least two months before the change is due to take effect. However, if the change is made for security purposes, we can implement such change without prior notice. The change will automatically take effect at the end of the two-month notice period, and you will be deemed to have accepted the notified change unless you inform us that you do not agree to the change. In that event, we will treat that notice as notification that you wish immediately to terminate your Account. Your continued use of your Account after the expiry of the two month notice period signifies your acceptance of such changes as specified in the notice.

Severance: If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Assignment and Waiver: We may assign this Agreement to a third party at any time without notice to you. However, if we assign this Agreement, the terms will remain substantially and materially the same unless you are notified otherwise. Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

Governing Law: This Agreement, and all questions about its legality, enforceability, and interpretation shall be governed by and construed under the laws of the State of California without regard to any conflict of law provision. This Agreement is performable in whole or in part in San Diego County, California, and the parties to this Agreement each agree that any litigation directly or indirectly relating to or arising out of this Agreement must be brought before and determined by a court of competent jurisdiction within San Diego County, California, and the parties hereby further agree to waive any rights to object, and hereby consent and agree to submit to the exclusive jurisdiction and venue of such courts.

Interpretation: In the event of a dispute hereunder, this Agreement shall be interpreted in accordance with its fair meaning and shall not be interpreted for or against a party hereto on the ground that such party drafted this Agreement or any part thereof.

Integration: This Agreement sets forth the entire agreement between the parties and supersedes any and all prior proposals, agreements or communications, written or oral, of the parties with respect to the subject matter herein.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND CONDITIONS OF THIS AGREEMENT.

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