Website Terms of Use

 

Last Modified: May 6, 2021

 

Acceptance of the Terms of Use

 

Tresóna Multimedia, LLC (“Company,” “Tresóna,” “we,” or “us”) develops and maintains this website, www.TresonaMusic.com (the “Website”) for access and use by the general public and the industries that Tresóna serves including the songwriters, copyright owners, and music publishers that we represent, licensing customers, and the music industry in general. These Applicable Terms of Use are generally applicable across all portions of the Website and related services we provide. However, individual services may have additional and/or modified terms and conditions of use that are specific to that service. If there is a conflict between any provision under these Applicable Terms of Use and any additional or modified provision that is specific to a Tresóna service, the additional or modified provision governs.

 

These Terms of Use are entered into by and between You and Tresóna. The following terms and conditions, together with any documents they expressly incorporate by reference and any additional and/or modified terms and conditions of use for any specific Tresóna service (collectively, “Applicable Terms of Use”), govern your access to and use of www.TresonaMusic.com, including any content, functionality and services offered on or through www.TresonaMusic.com (the “Website”), whether as a guest or a registered user.

 

Please read the Applicable Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Applicable Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Applicable Terms of Use and our Privacy Policy, found at https://tresonamusic.com/pages/privacy-statement.php, incorporated herein by reference. If you do not want to agree to these Applicable Terms of Use or the Privacy Policy, you must not access or use the Website.

 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Changes to the Applicable Terms of Use

 

We may revise and update these Applicable Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

 

Your continued use of the Website following the posting of revised Applicable Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Tresóna will also notify you when any changes are made and will require you to agree and accept the revised Applicable Terms of Use.

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for both:

 

• Making all arrangements necessary for you to have access to the Website.

 

• Ensuring that all persons who access the Website through your internet connection are aware of these Applicable Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Applicable Terms of Use.

 

Account

 

In order to use certain features of the Website (for example, to apply and pay for music copyright licenses or, if you are a music publisher, to review and approve license requests as well as access information related to your licensing activities), you must create an account (“Account”) and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may deactivate your account at any time, for any reason, by contacting info@tresonamultimedia.com.

 

Online Licensing, Licensing Services, and License Agreements

 

Tresóna is a music copyright licensing service that issues, or enables third parties to issue, music copyright licenses on behalf of copyright owners and/or administrators to you, the licensee. All licenses issued by the Company are governed by a separate license and work made for hire agreement (a “License Agreement”) which you, or the relevant party identified in the License Agreement, must execute. License Agreements are used for all licenses we issue, including but not limited to custom arrangement, synchronization, remix, and dramatic licenses, as well as for licenses accompanying any sheet music obtained through the Tresóna Custom Arrangement Re-License Library (or “TCARL”).

 

As a licensee, you may submit a license request to obtain a license for a music copyright license via your Account on the Website, including but not limited to print (e.g., custom arrangement and symphonic use), synchronization, adaptive/dramatic, and remix licenses, as well as any licenses for the reproduction and distribution of sheet music listed on TCARL. Tresóna does not charge you to submit license requests. If the license request is approved, you may be required to (a) execute a License Agreement, (b) pay a license (royalty) fee, and (c) complete such other acts as contemplated by the License Agreement (e.g., uploading a copy of the licensed sheet to your Account).

 

As part of our licensing services, we agree to assist you in requesting a music copyright license. However, we do not guarantee that (a) your license request will be approved or (b) that the relevant copyright owner(s), their agents or assigns, of the copyrighted musical works in your license request will be located and/or contacted for the purpose of obtaining a music copyright license, or will respond to us when we do contact them. All license requests are subject to the approval of the copyright owner(s), their agents or assigns, of the musical work(s) listed in the license request you submit. Copyright owner(s) and Tresóna reserve the right to approve or deny any license request you submit for any or no reason whatsoever. Failure by Tresóna to issue a music copyright license, to identify the copyright owner(s) of the musical work(s) in a license request, and/or to contact the copyright owner(s), their agents or assigns, of the musical work(s) in a license request for the purposes of obtaining a music copyright license shall not be a breach of our obligations under the Applicable Terms of Use. Past approval of a license request is not an indicator of future approval.

 

Additional terms and conditions may also apply to specific portions, services or features of the Website, for example any License Agreement(s) entered into between you and Tresóna. All such additional terms and conditions are hereby incorporated by this reference into these Applicable Terms of Use.

 

Where any provision of our Applicable Terms of Use, Privacy Policy, and/or any and all License Agreements entered into between you and the Company now or in the future conflict with one another, the provision(s) contained in the License Agreement(s) shall govern.

 

License Fee Payments

 

License fees for licenses may be paid online by credit card via your Account, or by sending a check to the Company using the address and information provided to you on the invoice we issue to you. When paying online, you will be required to provide certain information to establish a valid electronic payment method (“Payment Method”). Online credit card payment processing may be handled by a third-party payment processor.

 

Tresóna does not currently accept Purchase Orders in lieu of actual payment. We might be able to accommodate payment by ACH or wire transfer. If you wish to make a payment by ACH or wire transfer, please contact info@tresonamultimedia.com to assess your eligibility.

 

Authorization to Charge Your Payment Method

 

By paying license fees online using your credit card, you expressly agree that Tresóna Multimedia, LLC is authorized, and may authorize its third-party payment processor, to charge you the stated license fee as listed on the invoice (including any credit card processing fees) for the license using your selected Payment Method at the time of submitting your payment.

 

Refunds/Returns/Payment Transfers

 

Requests for refunds must be submitted to Tresóna Multimedia, LLC by email to info@tresonamultimedia.com. Refunds can only be processed under the following conditions:

 

• You have confirmed, in writing, that the copyrighted musical work for which the license request was submitted has not been used in the manner described by the License Agreement. For print licenses (e.g., custom arrangement and symphonic use licenses), you must also confirm, in writing, that no sheet music was created and distributed to third parties; and

 

• Tresóna has not distributed royalty fees to the relevant copyright owner(s) and/or administrator(s).

 

If these conditions are not met, no refund can be provided.

 

Notwithstanding the foregoing, due to the nature of digital sheet music, we cannot refund digital downloads of sheet music from TCARL after the license fee has been paid. If there is a problem accessing your file, please contact info@tresonamultimedia.com.

 

Tresóna may be able to transfer a license fee payment you make from one license request to another under certain circumstances. Please submit your payment transfer request to info@tresonamultimedia.com and confirm, in writing, that the copyrighted musical work for which the license fee was originally paid has not been used in the manner described by the License Agreement. For print licenses (e.g., custom arrangement and symphonic use licenses), you must also confirm, in writing, that no sheet music was created and distributed to third parties. Tresóna cannot transfer a payment if it has distributed royalty fees to the relevant copyright owner(s) and/or administrator(s) of the copyrighted musical work for which the license fee was originally paid.

 

License Request Cancellation

 

Tresóna does not charge you to submit license requests. An unpaid license request may be cancelled by contacting info@tresonamultimedia.com or by using any cancellation features we might make available to you via your Account. In order to cancel a license request, you must confirm, in writing, that the copyrighted musical work for which the license fee was originally paid has not been used in the manner described by the License Agreement. For print licenses (e.g., custom arrangement and symphonic use licenses), you must also confirm, in writing, that no sheet music was created and distributed to third parties.

 

If you are trying to cancel a license request for which you have already paid the license fee, please see the Refunds/Returns/Payment Transfers section above.

 

Intellectual Property Rights

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Applicable Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

• If we provide (Invalid hyperlink URL) with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

• Modify copies of any materials from this site.

 

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@tresonamultimedia.com.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Applicable Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Applicable Terms of Use is a breach of these Applicable Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks

 

The Company name, the terms Tresona/Tresóna, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Applicable Terms of Use. You agree not to use the Website:

 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

 

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

 

• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

 

• Copy, reproduce, republish, upload, post, transmit or distribute all or any portion of the Website and services for any commercial purpose, including but not limited to, text, images, audio, video, software, applications, or source code, in any way.

 

• “Mirror,” “frame,” or otherwise display or make available any of the contents of the Company Sites and Services on or through any other site or service, other than as may be permitted through an RSS feed or Company API or similar service.

 

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

 

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Applicable Terms of Use, without our prior written consent.

 

• Use any device, software or routine that interferes with the proper working of the Website.

 

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

 

• Circumvent any technical measures designed to restrict access, or otherwise attempt to gain access, to any Company Sites and Services that are not open to the public, as these Website and related services may contain information that is proprietary, confidential, or is otherwise specifically intended for a particular individual or entity.

 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

• Otherwise attempt to interfere with the proper working of the Website.

 

Additional Use Parameters and Restrictions

 

All materials contained on the Website and services, which include, among other things, images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, services and written and other materials that are part of a Company Site or Service, are the intellectual property of Company or its partners or affiliates. Except as expressly authorized under the Applicable Terms of Use, you may not use all or any portion of the contents of Company Sites and Services without prior written permission from Company.

 

1. Access to and use of Company Sites and Services that are open to the public and do not require the creation of an Account: For purposes of the Applicable Terms and Conditions, the Website and related services are considered open to the public if you do not need an account, a username and password, or some other special relationship with Company in order to gain access to the Company’s Website or service. With respect to the Website and related services that are open to the public, business tools that may be made available publicly, such as affiliation applications and other forms, can be used for the purposes for which they are intended.

 

2. Additional terms applicable to the Company’s open to the public, and non-public, searchable song title database: The searchable song title database provides access to certain song title registration information on musical works. The information is generally (although not necessarily) updated every day. The information related to those musical works can change, musical works can be added or removed from the database, musical works that are listed as pre-approved for licensing can lose their pre-approved status (and vice versa), and/or the estimated time for approval and licensing price can change. Just because a musical work is listed in the database does not mean that Tresóna can issue a license for that musical work. All license requests are subject to the approval of the copyright owner(s), their agents or assigns, of the musical work(s) listed in the license request you submit. Copyright owner(s) and Tresóna reserve the right to approve or deny any license request you submit for any or no reason whatsoever.

 

As a licensee, if you cannot find the desired musical work listed in the database you may add the musical work to the database in the portion of the Website that is not open to the public by clicking the “Add Composition” button once a search is performed as part of a license request and providing the title of the musical work and either or both (a) the artist who performs the musical work or (b) the author/songwriter/composer of the musical work. Tresóna’s licensing department will review the information you provide and update the database accordingly so that your license request can be processed.

 

Company is the owner of all rights in the searchable song title database under all applicable international, federal, and state laws. The database is intended for research and information purposes in the form presented. The information contained in the database has been provided to Company from a variety of sources, and Company makes no warranties or representations whatsoever with respect to its accuracy or completeness of the information. Company specifically disclaims any and all liability for any loss or damages which may be incurred, directly or indirectly, as a result of the use of the information in this database for any purpose, or for any omissions or errors contained in the database and all use of the Company Site is solely at the risk of the user.

 

By starting a query against Company’s searchable song title database, you are indicating that you understand these limitations and you waive any and all claims of any kind and nature against Company, its officers, employees, affiliates or licensees, with respect to your use of this database or the information provided.

 

You also agree that you will not copy, distribute, download, publish, modify, reformat, reconfigure, extract, incorporate into other software, databases or online material, or otherwise appropriate, the database in any way. You may not create, generate, or compile any source code version of the database or any part thereof, and you will not assist others in doing so. You will only run manual queries through the interface that Company provides. You will not decompile or reverse engineer the application(s) that provide access to the database or circumvent or attempt to circumvent any applications or processes that Company may employ to track or limit access to the database. You will not create any direct links to query results from any other site or service. You will not develop or run scripts to automatically query the database, and you will not capture, scrape, download or otherwise copy and/or store any query results for any purpose whatsoever.

 

If you breach any of these additional terms and conditions, any license or right to access and use the searchable song title database is immediately terminated and/or revoked. Upon termination or revocation, you will immediately cease accessing and/or using the searchable song title database and will immediately destroy any downloaded and/or printed materials.

 

3. Additional terms applicable to the portions of the ­Website and services that are not open to the public: For purposes of the Applicable Terms and Conditions, the Website and related services are not considered open to the public if you need an account, a username and password, or some other special relationship with Company in order to gain access to the Website or service. With respect to the Website and services that are not open to the public, when Company grants you access by assigning you a username and password or otherwise establishing access to the Company Website or service for you, and provided you comply with the Applicable Terms of Use, Company is granting you a non-exclusive, non-transferable limited license to enter, display, and use any the Website or service. This limited license is granted solely for the purpose for which access was provided. For example, if Company grants you access to an online service or tool that provides information relating to your account as a songwriter, copyright owner or music publisher, or as a licensee, the purpose for providing access is to facilitate the exchange of information relating to your account between you and Company.

 

By accessing and using the non-public Website or service, you are consenting to the electronic exchange of information between you and Company. You will not knowingly provide false or misleading information to Company on or through the Company Website or service.

 

If you breach any of these additional terms and conditions, Company may terminate your privileges with respect to accessing and using a non-public Website or services without notice to you, and you agree that Company’s termination of your privileges does not excuse any separate obligations you may have to Company (e.g., making license fee payment or reporting under the terms of a license). Upon termination or revocation, you will immediately cease accessing and/or using the non-public Company Site of Service.

 

4. Additional terms applicable to material submitted to the Website and services: Company does not assume any responsibility for any of the materials posted on the Websites and services by any third party, including the legality, originality, reliability or appropriateness of the materials. The Company may monitor or review any areas on the Website or service in which users transmit or post communications or communicate solely with each other for the purpose of promoting the efficiency, usefulness, appropriateness of use and compliance with the Applicable Terms of Use. However, Company does not undertake to monitor or review every posting or communication, and Company disclaims any liability related to the content of any such postings and communications.

 

If you submit material to the Website or service, you are granting to Company, on a non-exclusive, royalty-free basis, all rights necessary to publish, display, and/or make all or any portion of the material available to the public on or in connection with the applicable Website or service. You warrant and represent that you have all rights necessary to grant Company this license. You also warrant and represent that you are not infringing anyone else’s rights, and you will indemnify and hold Company harmless from and against any claims relating to the material you post.

 

You understand that the rights that you give to Company to publish, display and/or make the material available to the public do not impose any obligation on Company to do so. Company reserves the right to decide whether, when, and how to publish, display, and/or make the material available. Company also reserves the right to remove or disable access to any material at any time and for any reason without notice to you. You agree not post or submit to the Website or service any content which (a) is libelous, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates or infringes any person’s legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents; (c) violates any law; (d) advocates any unlawful activity; or (e) solicits funds for, or otherwise advocates for or against, any organization, goods or services.

 

If you breach any of these additional terms and conditions with respect to material you submit, Company may immediately terminate your right and/or ability to submit materials to the Website or service. Upon termination or revocation, you will immediately cease accessing and/or using the Website and service and will immediately destroy any downloaded and/or printed materials.

 

5. Additional terms regarding access to or use of software of the Website and services: The Website and services may contain or make available proprietary and/or third-party applications or software for your use in accessing and/or interacting with the Website or service. Company does not guarantee usability or compatibility with your system, and your use of the software is at your own risk. You acknowledge that the software may be accompanied by a license agreement, and you understand and accept that your use of the software will constitute your consent to all of the terms and conditions in the license agreement.

 

You are solely responsible for ensuring that your computer, printer, and related equipment are in good working condition and have the necessary connectivity to access the Website and services. Company will not be liable to you for any inability to print any documents or sheet music resulting from or relating to your computer, printer, or related equipment, or connectivity issues.

 

Monitoring and Enforcement; Termination

 

We have the right to:

 

• Remove or refuse to post any content, whether created by you, us, or others, for any or no reason in our sole discretion.

 

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Applicable Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Website Activities Restrictions

 

Your activities on the Website and any content you upload to the Website, including but not limited to uploading digital copies of sheet music, must in their entirety comply with all applicable federal, state, local and international laws and regulations and the terms of any applicable License Agreement. Without limiting the foregoing, your activities and content must not:

 

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

 

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

 

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

 

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Applicable Terms of Use and our Privacy Policy.

 

• Be likely to deceive any person.

 

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

 

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

 

•  Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

 

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

 

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

 

If you believe that any content on the Website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the Website

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Applicable Terms of Use or your use of the Website, including, but not limited to, your activities and uploaded content, any use of the Website's content, services and products other than as expressly authorized in these Applicable Terms of Use, or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and these Applicable Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Applicable Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa County, although we retain the right to bring any suit, action or proceeding against you for breach of these Applicable Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

 

At Company's sole discretion, it may require You to submit any disputes arising from these Applicable Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE APPLICABLE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver of by the Company of any term or condition set forth in these Applicable Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Applicable Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Applicable Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Applicable Terms of Use will continue in full force and effect.

 

Entire Agreement; Conflict Between Agreements

 

The Applicable Terms of Use, our Privacy Policy, Terms of Sale, any and all License Agreement(s) entered into between you and the Company now or in the future, and any other additional terms and conditions that may also apply to specific portions, services or features of the Website constitute the sole and entire agreement between you and Tresóna Multimedia, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Where any provision of our Applicable Terms of Use, Privacy Policy, other additional terms and conditions that may also apply to specific portions, services or features of the Website, and/or any and all License Agreements entered into between you and the Company now or in the future conflict with one another, the provision(s) contained in the License Agreement(s) shall govern.

 

Your Comments and Concerns

 

This website is operated by Tresóna Multimedia, LLC, 7349 N. Via Paseo Del Sur
Suite 515, Box 477, Scottsdale, Arizona 85258.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@tresonamultimedia.com.