Entertainment Consultants, LLC
Songside Records is an affiliate of Entertainment Consultants, LLC. All references to either or to the website songsiderecords.com as part of the Terms and Agreements herein shall be considered to be one and the same.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the services, and that Songside Records may charge your payment method for any products purchased and for any additional amounts (including any taxes, shipping, and/or fees as applicable) that may be accrued from your purchase.
All sales of products, including digital downloads, physical products, or any other products and/or services offered for sale are final. Prices for products offered via the services may change at any time, and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Songside Records.
GIFT CERTIFICATES AND DISCOUNT COUPONS
Gift Certificates and discount coupons are issued and managed by Songside Records (“Issuer”). Gift Certificates, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase additional gift certificates.
Neither Issuer nor Songside Records is responsible for lost or stolen Gift Certificates, Content Codes, or Allowances. No refunds will be given in the event of a loss.
SONGSIDE RECORDS, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, CONTENT CODES, AND/OR PRODUCT PURCHASES,
SONGSIDE RECORDS, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
By pre-ordering products, you are authorizing Songside Records to automatically charge your account. The product and/or digital content will be shipped or offered for download when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
REQUIREMENTS FOR USE OF THE SONGSIDE RECORDS SERVICE
This Songside Records service is only available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and agree to it.
The term “service” refers to the Songside Records service, including any and all services provided and any products offered for sale by Songside Records and/or the website songsiderecords.com. You agree that the Songside Records Service, “service,” including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Songside Records and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Songside Records service in compliance with this Agreement. No portion of the Songside Records Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Songside Records Service in any manner, and you shall not exploit the Songside Records service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Songside Records and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Songside Records service at any time without notice. In no event will Songside Records be liable for making these changes. Songside Records may also impose limits on the use of or access to certain features or portions of the Songside Records Service, in any case and without notice or liability.
All copyrights in and to the Songside Records Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Songside Records and/or its licensors, who reserve all their rights in law and equity.
THE USE OF THE SOFTWARE OR ANY PART OF THE SONGSIDE RECORDS SERVICE, EXCEPT FOR USE OF THE SONGSIDE RECORDS SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Songside Records, the Songside Records logo, other trademarks, service marks, graphics, and logos used in connection with the service are trademarks or registered trademarks of Songside Records. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the service may be 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.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. Only your name and email may be shared with the artist whose CD and/or digital download you have purchased.
Payments are processed through Paypal and are subject to the protections and privacy policies provided by their service. Songside Records has no control over Paypal services, policies, protections, and otherwise, and assumes no responsibility for the same. For information about Paypal, their policies and services, visit www.paypal.com.
Songside Records reserves the right to modify, suspend, or discontinue the service (or any part or content thereof) at any time with or without notice to you, and Songside Records will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
SONGSIDE RECORDS 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 SONGSIDE RECORDS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
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 (EXCEPT AS EXPRESSLY STATED BY SONGSIDE RECORDS) 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SONGSIDE RECORDS, ENTERTAINMENT CONSULTANTS, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SONGSIDE RECORDS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SONGSIDE RECORDS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SONGSIDE RECORDS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SONGSIDE RECORDS DOES NOT REPRESENT OR GUARANTEE THAT THE SONSIDE RECORDS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGSIDE RECORDS DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SONGSIDE RECORDS PRODUCTS PURCHASED.
WAIVER AND INDEMNITY
BY USING THE SONGSIDE RECORDS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SONGSIDE RECORDS, 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 SONGSIDE RECORDS 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. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SONGSIDE RECORDS AND ENTERTAINMENT CONSULTANTS, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SONGSIDE RECORDS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SONGSIDE RECORD’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Songside Records reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Songside Records and governs your use of the Songside Records Service, superseding any prior agreements between you and Songside Records. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Songside Records’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Songside Records will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Songside Records service is operated 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 Songside Records Service. All transactions on the service are governed by Maryland law, without giving effect to its conflict of law provisions. Your use of the service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Songside Records or relating in any way to your use of the service resides in the courts in the State of Maryland. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Maryland upon electronic transmission to the recipient. No Songside Records employee or agent has the authority to vary this Agreement.
Last Updated: February 5, 2014