Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND CUSTOM BACKING TRACKS. BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THIS DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Custom Backing Tracks RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

Ownership

This Site is owned and operated by Custom Backing Tracks. All content on this web site is owned by Custom Backing Tracks or its partners/contributors and are protected by International copyright laws. Custom Backing Tracks retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Custom Backing Tracks, if you fail to comply with any provision of this agreement. Custom Backing Tracks reserves the right to terminate this site without notice.

Authorised use

Any Content downloaded by you from this site, including, without limitation, any files incorporated in or generated by the software, and data accompanying the software is licensed to you by Custom Backing Tracks. Your use of the content or any intellectual property rights therein, is dependent upon your acceptance of the Custom Backing Tracks End User License Agreement (EULA) and any relevant Licensing Agreements. You may not assign or transfer to anyone else the rights granted to you in this Agreement, without prior written consent.

Copyrights and Trademarks

All content of this website is subject to the appropriate copyright, trademark and intellectual property laws. You may use the track you purchase for live use and band/artist recording or personal use. You must keep intact all copyright, trademark or other proprietary notices or marks. You may not copy or reproduce any content obtained from www.Custom Backing Tracks. YOU AGREE NOT TO PUBLISH, DISTRIBUTE, SELL, BROADCAST, TRANSMIT, ANY WORKS PURCHASED FROM www.Custom Backing Tracks AS BACKING TRACKS OR RESELL TO OTHER BACKING TRACK COMPANIES. Any copyright infringement will result in termination of service and possible legal action. www.Custom Backing Tracks retains all rights to distribute and resell tracks created for clients.

Third party site links

Custom Backing Tracks may provide links to third-party sites for your convenience. Custom Backing Tracks does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Custom Backing Tracks of such sites. Custom Backing Tracks is not responsible for the content of any linked sites.

Limited Warranty

Custom Backing Tracks represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.

You represent, warrant and covenant that:

  • You are at least 18 years of age and have the right to enter into this Agreement;
  • You will not use the content in any way that is not permitted by this Agreement or any other relevant Licensing Agreements;
  • Your use of the content will not violate any applicable law or regulation of any country, state, or other governmental entity;
  • The information you provide to Custom Backing Tracks is accurate and true;
  • You agree that all passwords to your Custom Backing Tracks account if available are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein.
  • If you breach any provision of this section, we shall be entitled to terminate this Agreement immediately and seek any legal or equitable remedies.

Usage

All the material on this web site which includes words, pictures, photographs, moving images, sound and software and other things ('Content'), is owned by Custom Backing Tracks, its licensors and content providers. You may not copy any material on the web site without our permission and all Content and the appearance and structure of the site remain our property.

Jurisdiction

This Agreement constitutes the entire agreement between you and Custom Backing Tracks regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision and the remainder of this Agreement will remain intact. Failure by Custom Backing Tracks to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.

Legal fees

If Custom Backing Tracks is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Custom Backing Tracks for its legal fees, costs, and disbursements if Custom Backing Tracks is successful.

Pricing

Custom Backing Tracks can, at any time, alter its pricing scheme and policy to reflect variable costs in regards to session musicians and production times. Free, no obligation to buy previews are offered at the discretion of Custom Backing Tracks and are dependant on the clients request and history.

Disclaimers and Indemnification

Under no circumstances whatsoever will Custom Backing Tracks be liable to you for any damages of any kind including; lost profits or revenues, lost savings, punitive damages, compensatory, consequential, exemplary, or other special, incidental or consequential damages arising out of the use or inability to use the Custom Backing Tracks website. This also covers damages concerning the client's inability to use the website, the performance of the Custom Backing Tracks website and the content whether or not we have been advised of the possibility of such damages.

Custom Backing Tracks uses as much effort as possible to ensure the validity, reliability and accuracy of the content, but we make no representations or warranties as to the content's validity, accuracy, or reliability.

Entire contract

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Custom Backing Tracks WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Custom Backing Tracks RELATING TO THE SUBJECT OF THIS AGREEMENT.