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TERMS OF USE

Published 28th day of August 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY.

BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE LEAVE THIS SITE IMMEDIATELY AND DISCARD OF ANY ASSOCIATED PAGES OR MATERIALS WHICH YOU MAY HAVE STORED.

This website is operated by Island Vibrations Music LLC for Island Vibrations Music LLC and Artist Don Grant. All pages, data, pictures, music, materials and information contained on this website are the property of the Operator and Artist or used under license.

The Operator reserves the right in it’s sole discretion to change, modify, add or remove any portion of the information on this website or these (“TERMS OF USE”) in whole or in part at any time for any reason.

CHANGES TO THIS POLICY

Changes to these TERMS OF USE become effective when they are posted on the website. By accessing this website herein after you will be considered as accepting those changes. These TERMS OF USE govern your use of this website. In the event that you do not comply with these TERMS OF USE. The Operator at it’s sole discretion and without notice may block or restrict your access to this website in addition to pursuing legal action against you where granted by governing law.

PERMITTED USE

Any person is hereby authorized to view the information available on this website for informational, educational and communication purposes only. Permission to use documents and related graphics available from this website is granted providing the following terms are met:

• Copyright notice and website link appears in all copies and that both the copyright notice and this permission notice appear.

• Use of documentation and /or related graphics available from this website are for informational and non-commercial or personal  use      only and

• Documentation and/or related graphics available from this server are not modified in any way.

• If you have questions regarding the use of the materials on this website, please contact us here

 

LINKING TO THIS WEBSITE

By linking to this website you indicate acceptance to these TERMS OF USE and it’s legal restrictions.

If you do not accept or intend not to abide by these guidelines do not link to this website. By linking to this website you agree to the following terms:

• You will not frame or otherwise create a browser or border environment around this website’s content.

• You will not imply that the Operator and/or the Artist is endorsing you, your company or business, your        

    website or it’s contents, your products or your services.

• You will not misrepresent you or your website’s relationship with the Operator and or the Artist.

• You will not present false, misleading or inaccurate information about the Operator or the Artist

• You will not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial.

• You will include on your website only content that is appropriate for all age groups.

LIMITED LICENSE

The Operator grants you a non-exclusive, non-transferable, limited right to access, use and display of this website and the materials thereon; provided that you comply with these TERMS OF USE.

• You agree not to disrupt, interrupt or attempt to interrupt the operation of the website in any way.

• You agree not to change or delete any proprietary notice from materials download from the website.

• You agree to comply with all trademark, copyright and other laws worldwide in your use of this website

    and to prevent any unauthorized copying of the materials and information contained on this website.   

    Except as expressly provided herein, the operator and/or the Artist does not grant any express or

    implied right to you under any patents, trademarks, copyrights or trade secret information.

DISCLAIMER AND INDEMNITY/LIMITATION OF DAMAGES

You agree to indemnify, defend and hold harmless the Operator, the Artist, it’s officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website against any and all losses, expenses, damages and costs, including reasonable attorney’s fees incurred in relation to, arising from the use of this website (including a breach of these TERMS OF USE), the content, materials, submissions and functions of this site, even if the Operator and/or the Artist expressly advised of the possibility of such damages. The Operator and/or the Artist cannot and does not guarantee or warrant that any of the materials available for downloading through this website will be free of infection of viruses, worms, Trojan horses or other code that has an intent other than what the description of the content indicates. You are responsible for implementing adequate safeguards and procedures to meet your requirements for the security and safety of your systems. By accessing this website you assume total responsibility and risk for the use of the materials on this website.

INCORRECT INFORMATION

The materials and information contained on this website may contain inaccuracies and /or typographical errors. The Artist and/or the Operator does not warrant the accuracy or completeness of the materials or other information displayed or distributed through the website. You acknowledge that any reliance on this information shall be your sole risk. The Operator and/or The Artist shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

COPYRIGHT VIOLATIONS

The Artist and Operator requires users to respect our copyrights and those of our affiliates and partners. We respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our website without authorization in a way that constitutes copyright infringement we ask that you contact us here. Any personal information you provide in your email will be used only for purposes related to your email and only in accordance with the terms of our Privacy Policy. A copy of which can be found here.

LINKS TO THIRD PARTY SITES

Some of the links on this website will take you to third party sites. Where possible the Operator has taken care to provide you notice that you are leaving the website. If you decide to visit any third-party site you do so at your own risk and take full responsibility for taking protective measures to guard against malicious content on the third-party site. The Artist and/or the Operator do not control these linked sites and are not responsible for their contents. We make no warranty or representation regarding the information contained on third-party sites. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the website by the Artist and/or the Operator.

FORCE MAJEURE

Neither party shall be liable to the other 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, uprising, earthquake, flood or any other natural or man made eventuality outside of our control 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 endeavours to comply with the terms and conditions of any agreement contained herein.

 

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.

GOVERNING LAW

This website is operated and administered from with The United States of America. Use of this site shall be governed by all applicable Federal laws of The United States of America in addition to the laws of the State of Texas, without giving effect to it’s conflict of laws provision. You agree to submit to the jurisdiction of the courts located in the State of Texas for the resolution of all disputes arising from or related to these TERMS OF USE and /or your use of this website.

COPYRIGHT

The materials on this website are protected by Copyright and Trademark Laws of the United States of America and other countries and are owned by or licensed to the Operator and /or the Artist. Except as set out herein, all content of this website is owned or controlled by the Operator and/or Artist. You may download content only for your personal use or for non-commercial purposes but no modifications or further reproduction of the content is permitted. The contents of the website, including any images, text, binary programs or information, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted or otherwise used except as outlined in the Permitted Use Section.

We are happy to hear from you. Please note, if you send us suggestions, ideas, pictures, emails, electronic posts, letters or other information or data (collectively, “Submissions”), we may not return the Submissions to you. Once submitted, the Operator shall be entitled to unrestricted unlimited use of the submissions for any purpose whatsoever without compensation to you. You confirm that you waive all moral rights related to the submissions. You warrant that you are able to grant the rights expressed above.

© (p) The Artist and The Operator All Rights Reserved

OTHER COUNTRIES/TERRITORIES

We operate and control this website from our location in the United States of America. We do not represent that material on this site is appropriate or available for use in other locations. Individuals who choose to access the site from outside the United States of America do so at their own risk and are responsible for compliance with the laws of that territory.

 

JURISDICTION AND APPLICABLE LAWS

The Texas courts will have non-exclusive jurisdiction over any claim arising from, or related to a visit to this website. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Texas.

STATUE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site, the services, or this Agreement (or any other agreement incorporated herein) must be filed within (1) year after such claim or cause of action or forever be barred.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page to take notice of any changes that have been made as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by terms or notices publishes elsewhere on our site.

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