Terms & Conditions of Use

TERMS AND CONDITIONS OF USE

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND STEEL DAWN RECORDING STUDIO (“COMPANY”). BY ACCESSING THIS SITE, DOWNLOADING ANY CONTENT, OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

By using the website www.steeldawnrecordingstudio.com (“Site”), you represent that you are over eighteen (18) and have the authority and right to agree to these terms. If you are accessing this Site on behalf of any entity, you further represent and warrant that you are authorized to accept these terms on such entity's behalf, and that such entity agrees to indemnify Company for violations of these Site terms. Company reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. Your continued use of the Site constitutes your agreement to accept such modified terms, and your access and use of the Site is subject to the current Terms and Condition of Use. This Agreement is in addition to any License Agreement you may enter into with Company.

OWNERSHIP OF THIS SITE
This Site is owned and operated by Company. All elements of the site, including the text, images, graphics, illustrations, audio, video, clip-art, maps, keywords, specifications and other metadata, and foreign translations (“Content”) and the general design are owned by Company or its Content suppliers and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property.

Unless otherwise specifically stated, the Content remains the property of Company, the Content supplier, the copyright holder, or owner of such Content. Except where specifically stated elsewhere on the Site or as otherwise provided by Company, you do not acquire any right, title, or interest in or to any Content.

TRADEMARKS
You may not use Company’s or any of its content suppliers, trademarks or trade names, including “Steel Dawn Recording Studio”, “Steel Dawn Studio”, “Steel Dawn Entertainment” or “Steel Dawn Music Store”, without Company’s prior written consent. In addition, the look and feel of the Site, including all elements of the design is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Company.

USE OF THIS SITE AND CONTENTS
This site and its Contents are intended for use by Company’s customers. You may not use the Site for any purpose unrelated with your business with Company. In using the Site, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Prior to the use of any Content, you must obtain appropriate licenses from Company on behalf of the Content supplier and/or copyright owners. All rights not specifically granted to Licensee are reserved for the copyright supplier and the Content supplier.

PROHIBITED USE OF SITE AND CONTENT
The following uses are prohibited, therefore, you may not:

Remove, alter or change any copyright information or other notices or metadata associated with the Content;
Claim ownership or authorship of the Content;
Sell, give away or trade the Content to any other individual or party;
Use Content for any Commercial purpose whatsoever. This includes but is not limited to commercial Film, TV, Cable/Satellite, Radio, Webcasts, Internet Monetization (YouTube), Corporate Events and Live Performances. These licenses are available but must be handled directly and are beyond the scope of what we sell online.
Download, copy, or re-transmit any or all of the Site or the Content without, or in violation of, a written license or agreement with Company;
Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site Visitor’s or Company’s customers;
Manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
Circumvent any Site restrictions or measures to limit access to the Site;
Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so;
Disclose, sell or trade any password to restricted areas of the Site or allow any third party to have access to your password; and
Interfere in any manner, whether technological or otherwise with the function of the Site and/or services offered by Company.

PRIVACY POLICY

We collect certain information about you to enable us to do business with you, and to improve service to you on our website. We reserve the right to change our policy in the future, and the most current version will always be posted at https://www.steeldawnrecordingstudio.com/PrivacyPolicy.htm.

Information Collection & User Access

· When you register with us via the “Stay in Touch”, “Ask a Question” or “Artist submission” buttons your name, and email address are collected. You are given access to the store areas of our site as well as any free downloads contained within. By registering with us, you consent to the use of your Personal Information as indicated in this policy.

· You may update your Personal Information at any time by signing into the store and clicking the profile link.

· You may access any downloads you have purchased by signing into the store and clicking the orders link.

· You may also access the forum by signing into the store and clicking the forum link.

· We collect information about the use of our website. We analyze this data to determine what is of interest to our customers, and thereby improve our service.

· We collate a record of your orders, and other miscellaneous information.

· We do not collect credit card information. All sales are handled through PayPal for security purposes.

Email Correspondence

· If you opted in to emails, we will periodically notify you of special offers and other news. Some special offers can only be taken advantage of through the email you receive.

· “Artist Submissions” will be contacted about job leads or other issues related to their submission.

· Inquiries made through the “Ask a Question” form, will be contacted with information related to their question.

· You may log into your profile at any time and opt in/out or even delete your account. Thus you can control if and what we contact you about.

· Note that user triggered emails such as password reminders, log in details, and download links will be sent regardless of registration type or profile settings.

Information Sharing

· We do not share your information with any third party.

· We reserve the right to change this policy in the future. If you ever have any concerns about what our current policy is, you can always go to https://www.steeldawnrecordingstudio.com/PrivacyPolicy.htm to see the latest version.

Data Security

· We collect zero financial information, so even in the event of a security breach your exposure is minimal.

· We take reasonable precautions to keep the information you disclose to us secure, however, we are not responsible for any breach of security or for any actions of any third party that received the information.

REFUND POLICY

The Company does not provide refunds. Please listen through all Content and make sure that the cart correctly reflects your order before checking out. Once you have completed the transaction we have no way of taking back or removing the Content that you may or may not have downloaded. Consequently, all sales are considered to be final. If there is a problem on our end, we will work with you to resolve the problem. Please note that changing your mind is not grounds for a refund.

LINKS TO THIRD PARTY SITES

The linked sites are not under Company’s control and Company is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that Company provides the links to you only as a convenience and it does not endorse the linked sites or their use or Content.

INDEMNITY
You agree to indemnify and hold Company, its directors, employees, content providers, the copyright holder, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising out of or related to the use of Content, any breach of this Site agreement, or your violation of any rights of another.

GENERAL DISCLAIMERS
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE COMPANY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY AND QUALITY OF ANY DOWNLOADABLE CONTENT AND INFORMATION IS WITH YOU, THE USER. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONTENT SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE SITE.

UNAUTHORIZED USE FEE
Any use of Company or its Content Supplier’s Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Company to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Company other remedies under this Agreement, Company reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times Company’s normal license fee for use of the Content.

JURISDICTION AND ATTORNEY’S FEES
Any dispute regarding this Agreement shall be governed by the laws of the state of California and the federal laws of the United States of America applicable therein. The parties agree to accept the exclusive jurisdiction of the Courts in the state of California, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between Company and you, Company shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

MISCELLANEOUS
This Agreement (along with Company’s Privacy Policy and the End User License Agreement) constitutes the entire agreement between the parties with respect to the subject matter. No action of Company, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Company, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Company. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Company’s prior written consent.