Terms and Conditions of Use
1.1 These terms and conditions shall govern your use of ifnessfreemusic.com, hereafter referred to as "our website". Our website is a website owned and operated by Justin Allan Arnold (referred to in this document as either "the Company", "We", "Us" or "Our").
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created in part by using a template from SEQ Legal at seqlegal.com .
3. Copyright notice
3.1 Copyright (c) 2022 Justin Allan Arnold.
3.2 Subject to the express provisions of these terms and conditions:
(a) Justin Allan Arnold owns and controls all the copyright and other intellectual property rights in our website and the material on our website, except where specifically noted and acknowledged otherwise; and
(b) all the copyright and other intellectual property rights in our website and the material on our website, except where specifically noted and acknowledged otherwise, are reserved.
4. License to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream our available original audio files;
(e) download our available original free mp3 audio files; and
(f) use ifnessfreemusic.com by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 The downloadable audio files, material, data, and information on our website (collectively known as "Content") on our website is provided "as is". You acknowledge that we do not make any claims, representations or guarantees about the Content, including, but not limited to, the data files, text, computer software, code, music, other sounds, videos, photographs, or other images which you may have access to through the use of our website.
4.3 Under no circumstances is Justin Allan Arnold liable in any way for any Content on our website or for the Content's subsequent use if downloaded. This includes, but is not limited to: any inadvertently infringing Content on our website, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the use of our website.
4.4 By using the our website, you understand and acknowledge that you may be exposed to Content that might be deemed by some persons to be offensive, indecent, or objectionable.
4.5 If you download Content from our website, you agree that you are solely responsible for your reuse of the said Content. Be sure, if you use Content made available on our website, that you review the terms of the Content's applicable license. The license will inform you as to what you will and will not be allowed to do with the Content.
4.6 Our available original free audio files are subject to a separate music license agreement between you and Justin Allan Arnold. The separate music license agreement between you and Justin Allan Arnold is, in the case of the attributed use of our audio file, the CREATIVE COMMONS CC-BY 4.0 license, or, in the case of an unattributed use of our audio file, a required license purchased, which permits the unattributed use of our audio file, from Justin Allan Arnold (through a third-party vendor named Payhip) .
4.7 All purchases of Content produced by Justin Allan Arnold will be handled by a third-party, specifically Payhip. All purchases will be subject to the Terms and Conditions set forth by Payhip, and its own third-party entities, such as Paypal and Stripe, and their Terms and Conditions.
4.8 No purchases are made, or payment information collected, on our website, ifnessfreemusic.com .
4.9 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
6. Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
7. Limitations and exclusions of liability
7.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
7.3 To the extent that our website and the information, downloadable content and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8. Optional Tools
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.
8.3 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. Third-Party Links
9.1 Certain content, products and services available via our Service may include materials from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
9.4 Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) permanently prohibit you from accessing our website; and/or
(c) commence legal action against you, whether for breach of contract or otherwise.
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Montana.
16.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of the State of Montana and the United States of America.