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TERMS AND CONDITIONS OF USE

The Cape Digital Music LLC ("CDM") website at www.capedigitalmusic.com (the "Website") provides information regarding CDM and its affiliates ("Affiliates") and parties unrelated to CDM ("Third Parties"). We make this Website available to the public subject to the following terms, policies and guidelines. By visiting the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully.

USAGE REGULATIONS

CDM grants licenses to use the music downloaded from the Website (the "Music"). When you choose to use the Website, you, the purchaser of the recorded works, are granted a non-exclusive and non-transferable, worldwide, right to synchronize the Music into your production pursuant to the terms and conditions set forth herein. The license granted is for one company or person to use the Music within your own media. CDM represents the copyright owns of the music and no additional fee will be required to use the Music.

What you may do with the Music:

  1. You may use the Music in any production whether it is for commercial or non-commercial use.
  2. There is no limit on the number of copies that can be made of your production.
  3. You may use the Music in as many different productions as you desire without paying any further fees.
  4. You may make unlimited copies of your production that includes the Music.
  5. The license granted covers you for broadcast and theatrical usage.
  6. No further fees to pay for Music on hold/in-store usage.
  7. The territory of use of the Music is worldwide.
  8. The license last indefinitely.
  9. You may chop, re-arrange, add to or effect the Music to fit the required length of your production.
  10. You may use the Music as background music and add your voice over the Music in products such as healing, meditation, self-help or audiobooks.
  11. You may use the Music in videos or on social network sites.

What you may not do with the Music:

  1. You may not re-sell the Music as a music only product or include the Music in a physical product where only the music is played. There must be a scripted voice over or synced with visual element where the main focus is on the production.
  2. You may not claim any intellectual property rights to the Music even if you rearrange, chop or effect the Music. No intellectual property rights are transferred to you via this license.
  3. You may not create derived works of the Music. This means that you may not buy the Music, add your own voice or instruments and then treat that music as your own.
You may display, reformat and print information from the Website (other than the Music) only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of CDM, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.

THIRD-PARTY CONTENT AND LINKS

The Website may include hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither CDM nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. NEITHER THE PUBLICATION OF CONTENT OR ADVERTISEMENTS OF THIRD PARTIES ON THE WEBSITE NOR LINKS TO WEBSITES OF THIRD PARTIES CONSTITUTES AN ENDORSEMENT OF THIRD PARTIES OR THEIRS PRODUCTS OR SERVICES BY CDM, AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AGENTS.

PRIVACY

Please review our Privacy Policy for information about our use of information collected through the Website.

REFUND POLICY

CDM has a no refunds policy. It is up to you to determine that the Music you choose to purchase is appropriate for your purpose. No refunds will be issued after you purchase the Music. When you purchase Music from our Website, the Music will be available for download for a period of five (5) days from the time of purchase. You must download the Music within the 5-day period or the Music will no longer be available for download. If you do not download the Music within the time frame allowed, no refunds will be issued.

COPYRIGHT AND TRADEMARKS

All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively "Content") and Music, the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of CDM, Affiliates, or Third Parties that have licensed Music, Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. All Music, Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the Website including, but not limited to, Cape Digital Musicâ„¢ are registered or unregistered trademarks of CDM, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms and Conditions of Use are reserved.

LINKING AND FRAMING

Without the prior written permission of CDM, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of CDM or any of their licensors into another website or other service. Without the prior written permission of CDM, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website.

REPRESENTATIONS

CDM represents that it is the owner of copyright in the Music or that it is the lawful licensor of the Music and that CDM has full right and authority to enter into this license and to grant you all of the rights and licenses granted herein.

LIABILITY

The Website is made available "AS IS." Neither CDM, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Music, Website, Content or other information and materials included on the Website.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CDM, AFFILIATES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR FREE.

In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, CDM, Affiliates, Third Parties and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.

DISCLAIMER

UNDER NO CIRCUMSTANCES WILL CDM, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES, CONSEQUENTIAL OR INCIDENTAL, IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE, ANY MUSIC OR CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

MODIFICATION; WAIVER

The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.

No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of CDM.

FLORIDA LAW

This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Florida and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred. Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction.

ENTIRE AGREEMENT

These Terms and Conditions of Use and Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

CONTACTING US

You may contact us at music@capedigitalmusic.com.