Terms & Conditions
(Contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. PLEASE READ THIS CAREFULLY!)
This Internet website is the property of Ironhorse Music Group LLC. References to “Ironhorse Music Group”, or “Ironhorse Music Group LLC” or “this website” shall also be deemed to be references to Ironhorse Music Group LLC.
IRONHORSE MUSIC GROUP LLC PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE “IRONHORSE MUSIC GROUP LLC”) SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND IRONHORSE MUSIC GROUP (“AGREEMENT”) THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND IRONHORSE MUSIC GROUP WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE IRONHORSE MUSIC GROUP SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Ironhorse Music Group and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Ironhorse Music Group in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern and/or apply to your use of the Ironhorse Music Group Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Ironhorse Music Group, its labels, or any person or property associated with Ironhorse Music Group, the Ironhorse Music Group Online Services, this website, or any other website in the Ironhorse Music Group family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the Ironhorse Music Group Online Services, that: (1) you will not use this website or any of the Ironhorse Music Group Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Ironhorse Music Group Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Ironhorse Music Group Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Ironhorse Music Group Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Ironhorse Music Group Online Services.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Ironhorse Music Group and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Ironhorse Music Group websites and any related Ironhorse Music Group Online Services (including bulletin boards and chat rooms).
IRONHORSE MUSIC GROUP HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER SONY BMG, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE IRONHORSE MUSIC GROUP ONLINE SERVICES.
IRONHORSE MUSIC GROUP, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE IRONHORSE MUSIC GROUP ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE IRONHORSE MUSIC GROUP ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. IRONHORSE MUSIC GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE IRONHORSE MUSIC GROUP ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IRONHORSE MUSIC GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE IRONHORSE MUSIC GROUP ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT IRONHORSE MUSIC GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, IRONHORSE MUSIC GROUP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Ironhorse Music Group reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
LICENSE TO IRONHORSE MUSIC GROUP
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Ironhorse Music Group a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
RINGTONES/RINGBACKS/OTHER MOBILE PHONE SERVICES & PRODUCTS
Certain mobile phone handsets and carriers offer “sonymusicbox” service, which may enable consumers to select and purchase directly through their phone various digital mobile products. These offerings and products may enable the consumer to customize their phone or phone service (for example with ringtones or ringbacks), or allow the consumer to select certain music videos or audio files that can be viewed or listened to whenever the consumer chooses. Both the “sonymusicbox” service, and the individual offerings on it, may not be available on or compatible with all handsets. In addition, not all mobile phone services or carriers are compatible with the sonymusicbox service, and even if compatible with the service, may not be able to transmit or make available all the advertised offerings. As a result, consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services by making use of a handset may result in carrier charges being separately billed to your mobile phone account for SMS messaging or other communications to the sonymusicbox service. In addition, the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download.
You agree to indemnify, defend, and hold harmless Ironhorse Music Group and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions. Ironhorse Music Group reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Ironhorse Music Group may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.