Welcome to strumbowing.com, owned and operated by Silverman Musical Enterprises LLC ("Company," "we," or "us"). These Terms of Service govern your access to and use of our website, including any content, functionality, and services offered on or through the website (collectively, the "Services").
Please read these Terms of Service carefully before using the Services. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Services.
User Eligibility and Account Registration
You must be at least 18 years old and capable of entering into a binding contract to use the Services. If you are under 18, you may only use the Services with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
In order to access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Content
All content available on or through the Services, including without limitation text, graphics, photos, videos, and other materials (collectively, "Content") is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content without the prior written consent of the Company or the respective owners of such Content.
Use of the Services
You agree to use the Services only for lawful purposes and in accordance with these Terms of Service. You will not use the Services to:
Engage in any illegal or fraudulent activity;
Upload, post, or otherwise transmit any Content that is obscene, defamatory, harassing, or otherwise objectionable;
Infringe upon any intellectual property rights or proprietary rights of any third party;
Introduce any viruses, Trojan horses, worms, or other malicious or harmful code;
Collect or store personal information about other users without their consent; or
Interfere with or disrupt the Services or servers or networks connected to the Services.
Disclaimers and Limitations of Liability
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORTÂ (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers 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 use of the Services or any Content you upload, post, or transmit to or through the Services, your violation of these Terms of Service, or your violation of any rights of another.
Modifications to the Services and Terms of Service
We reserve the right to modify, discontinue, or restrict access to the Services or any Content at any time without notice. We also reserve the right to modify these Terms of Service at any time by posting the amended terms on the website. Your continued use of the Services after any such modifications shall constitute your acceptance of the modified Terms of Service.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms of Service or your use of the Services shall be resolved exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to the jurisdiction of such courts.
Miscellaneous
These Terms of Service constitute the entire agreement between you and Company regarding your use of the Services and supersede all prior or contemporaneous communications, whether oral or written. If any provision of these Terms of Service is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Company's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision. You may not assign these Terms of Service or any rights or obligations hereunder without Company's prior written consent. Company may assign these Terms of Service or any rights or obligations hereunder without your consent.
If you have any questions about these Terms of Service or the Services, please contact us at info@tracysilverman.com.
By using our website, you agree to these terms and conditions.