Terms & Conditions
Thank you for visiting a Main Street Crossing website. This document sets forth the terms and conditions that apply to your use of the Main Street Crossing website. If you do not accept these terms and conditions, do not use this web site.
The Web Platforms are owned by Main Street Music, Inc. and Main Street Crossing (the “Company”, “we”, “us” and “our”, as applicable). The Company and its affiliates, provide the Web Platforms and related services to you (together, the “user”, “you”, and “your”, as applicable), the user of the Web Platforms, only for your personal use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using the Web Platforms and/or the services associated therewith. Your use of the Web Platforms and the associated services confirms your unconditional acceptance of these terms and conditions.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Web Platforms. Your continued use of the Web Platforms and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Web Platforms if you do not agree to be bound by the revised terms and conditions.
General Use and Web Platforms License
3. The Web Platforms and the related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use the Web Platforms without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of the Web Platforms by children, minors and others under your care, and you agree to be responsible for their use of the Web Platforms. Any use of the Web Platforms by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of the Web Platforms and/or any affiliated services.
4. We grant you a limited, nonexclusive and revocable license to make use of the Web Platforms and related services, including on any mobile devices you may own. You may view, copy, download or print materials from the Web Platforms for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use the Web Platforms only for lawful purposes and in accordance with the terms and conditions contained herein.
5.Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Web Platforms or any of the content on the Web Platforms, including but not limited to the trademarks and copyrights of the Company and its affiliates, or to make derivative use of the Web Platforms or the contents thereof; (b) to use the Web Platforms or any of their contents for commercial solicitation purposes; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Web Platforms; (d) to reverse engineer, decompile or disassemble the Web Platforms, or to convert into human readable form any of the contents of the Web Platforms not intended to be so read, including but not limited to using or directly viewing the underlying code for the Web Platforms except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Web Platforms; (f) to violate or attempt to violate the security of the Web Platforms, (g) to interfere with or attempt to interfere with the proper working of the Web Platforms or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Platforms, or which, as determined by us, may harm the Company or users of the Web Platforms or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Web Platforms; (i) to attempt to gain unauthorized access to any portion of the Web Platforms or any systems or networks connected to the Web Platforms through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Web Platforms to feed any downstream product, application or website.
6. You agree not to use the Web Platforms for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Web Platforms, or to engage in any other activity which infringes the rights of the Company or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Platforms or any systems or networks connected to the Sit Web Platforms e.
7. You acknowledge that your use of the Web Platforms is at our sole discretion, and your license to use the Web Platforms may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Web Platforms, to terminate any user’s account, and to alter or delete any material submitted to the Web Platforms through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
8. Unless otherwise noted, all content included on the Web Platforms, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of the Company or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on the Web Platforms is either the property of the Company or is used by us with the permission of its owner. The compilation of the Web Platforms is the exclusive property of the Company and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with the Company’s ownership of the Web Platforms and their content.
9. The trademarks, logos, and service marks displayed on the Web Platforms are owned by the Company and other third parties, and the Web Platforms’ trade dress is owned by the Company. All trademarks not owned by the Company are the property of their respective owners, and, where used by the Company, are used with permission. Nothing contained on the Web Platforms may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. The Company’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with the Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Web Platforms.
10. Any unauthorized use of any content or materials on the Web Platforms is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
11. Before you can make use of certain services associated with the Web Platforms, you may be required to register with the Web Platforms and create a user or employer account. Payment for purchases on the Web Platforms will be processed through the applicable third party payment provider as we may designate from time to time. You acknowledge and agree that we are not responsible for these financial transactions and the security of your financial data with respect to these transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through the Web Platforms, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
12.You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
13. By creating an account with the Web Platforms, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Web Platforms, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
14. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Submission of Content and User Activity
15. You understand that by using the Web Platforms, you may be exposed to information, communications, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”) and materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non User Content”) that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Web Platforms.
16. We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of the Web Platforms. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of Content or Non-User Content, even when we are advised of the possibility of such damages.
Web Platforms Promotion
17. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on the Web Platforms. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Web Platforms. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
18. The Web Platforms may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
19. The Company provides the Web Platforms and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify the Company, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
20. THE WEB PLATFORMS, THEIR CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB PLATFORMS, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEB PLATFORMS, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PLATFORMS AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE WEB PLATFORMS. THE COMPANY DOES NOT WARRANT THAT THE WEB PLATFORMS WILL OPERATE ERROR-FREE OR THAT THE WEB PLATFORMS AND THE SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEB PLATFORMS AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
21. BY USING THE WEB PLATFORMS, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEB PLATFORMS, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEB PLATFORMS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT WEB PLATFORMS, SERVERS OR EMAILS SENT BY OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB PLATFORMS, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR BETWEEN YOU AND ANY OTHER USER OF THE WEB PLATFORMS, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
22. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB PLATFORMS OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THE WEB PLATFORMS, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEB PLATFORMS, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON THE COMPANY’S COMPUTERS AND/OR SERVERS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE COMPANY’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THE WEB PLATFORMS EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS ITS SERVICES AND/OR WEB PLATFORMS WITHIN THE PRECEDING THREE MONTHS.
23. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of the Web Platforms and the services provided in connection with the Web Platforms, or your breach of any provision of this Agreement or any warranty provided hereunder.
25. You agree that if you are dissatisfied with the Web Platforms or any services offered in connection with the Web Platforms, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against the Company with respect to this Agreement or the Web Platforms, your sole and exclusive remedy is to discontinue using the Web Platforms and any services offered in connection with the Web Platforms.
26. The Web Platforms is created and maintained by the Company in the State of Texas. You agree that the laws of the State of Texas, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and the Company or its affiliates.
27. Regardless of where you access the Web Platforms, you agree that any action or proceeding arising out of this Agreement or your use of the Web Platforms and/or services, whether at law or in equity, must be brought in the state or federal courts located in Houston, Texas and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
28. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
29. This Agreement represents the entire understanding between the parties regarding your use of the Web Platforms, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of the Company. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. The Company’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
30. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
31. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
Main Street Crossing
111 West Main Street, Tomball, Texas, 77375