Terms and Conditions - Gary Kuo

In order to use this website, you must read, understand and agree to the following terms and conditions. Your use of this Site (as defined below) constitutes your agreement to these Terms of Use.

This website known as www.garykuo.com, the content and services of www.garykuo.com, together with any other successor sites and excluding any Third Party Services (as defined below) (the “Site”) is operated by Gary Kuo and Sonic Chrome Music (“Kuo”). For purposes of this agreement and protection against liability, Kuo’s artists, affiliates, related companies, officers, shareholders, directors, employees, representatives, and agents shall be known as “Kuo Affiliates”.

This Terms of Use Agreement is between you and Kuo (“Agreement”) and your use of the Site is governed by this Agreement regardless of the method used by you to access the Site. Kuo may make changes to this Agreement at any time and from time to time without notice to you. Your continued use of the Site following changes made to this Agreement constitutes your acceptance of those changes. Kuo may also, at any time, discontinue, change, and/or modify all or any part of the Site, as well as charge, change, modify, or waive fees on the Site, or offer opportunities to some or all users of the Site.

Kuo makes no representation or warranty that any material, images, or files obtained from or through this Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses. Kuo makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material or content available on this Site. You agree to use this Site at your own risk.

Your use of this Site is restricted. The transmission of any material or data to this Site which is harmful, contains corrupt computer code, contains a virus, or is otherwise malicious or harmful to Kuo, or attempts to corrupt or change the material, images, notices, or files of this Site is strictly prohibited. You may not use this Site to send or post any material which is obscene, pornographic, offensive, defamatory, unlawful or otherwise harmful or detrimental to Kuo or this Site. You may not interfere with or inhibit any other person’s use of the Site. You may not use this Site in connection with any fraudulent or unlawful purpose, nor may you impersonate any person or entity or misrepresent your affiliation with any person or entity in using the Site. You agree that all information you provide to Kuo is true, accurate, and complete, and you will maintain and regularly update such information. Kuo reserves the right to disclose or use aspects of the information which you provide, in the normal course of its business, as governed by the Privacy Policy. Kuo is not responsible for the information collection, usage, and disclosure practices of third parties or Third Party Services (as defined below). If you choose to make any of your personally identifiable information or other information publicly available on the Site, you do so at your own risk.

The music, digital files, sheet music, other material, and images contained on this Site are protected by the copyright and/or trademark laws of the United States and foreign jurisdictions; unauthorized or improper use of the material, images, content, and files on this Site may result in violation of those laws. Kuo hereby grants to you a nonexclusive, limited and nontransferable license to use the material and images of this Site solely for the purpose of viewing said material and images on your personal computer while on the Site, to purchase music, Merchandise (as defined below), or other products from the Site of which the purpose of said purchase(s) shall be for personal use only, unless a specific license is purchased through www.garykuo.com or Broadcast Music, Inc. (“BMI”), as applicable. Reproduction, distribution, and or digital transfer of any material on this Site is strictly prohibited without an express license to do so and ownership of said material shall at all times remain with the stated copyright and/or trademark owners.

Any material purchased through the Site, including but not limited to sound recordings, digital files, sheet music, PDF files, photographs, apparel, etc. (individually and collectively, the “Merchandise”) are for personal and noncommercial use by you and you may not reproduce, distribute, publish, transmit, display, broadcast, re-broadcast, modify, create derivative works from, sell, or participate in any sale, exploit in any way, or use the Merchandise in any manner aside from personal use without an express license to do so. If purchasing sheet music parts, you must purchase the number of parts for the number of musicians that will be using said parts. For the avoidance of doubt, you may not buy one part and make copies of said part(s) for all musicians using said part(s). You agree to report all performance(s) of music by Kuo to Broadcast Music, Inc. (“BMI”) and are required to purchase an additional license through www.garykuo.com for any Merchandise you purchase through the site that will be performed in a venue without a performance license through BMI. If you will be performing music by Kuo in a venue without a performance license through BMI and you have already purchased a performance license through BMI covering said performance(s) of Kuo’s music, then you must provide proof of said performance license to Kuo or otherwise purchase a license through the Site, if applicable. Licenses for other uses including but not limited to synchronization or master use must be obtained through Kuo’s legal representative. For licensing questions or to purchase a license for music or other content, please contact legal@garykuo.com, Subject: Gary Kuo License Request.

You may not use Kuo’s trade names, trademarks, and service marks in connection with any product or service that is not Kuo’s, or in any manner that is likely to cause confusion. Nothing contained on the site should be construed as granting any license or right to use any trade names, trademarks, or service marks without express prior written consent of the owner. All trademarks and service marks on the site not owned by Kuo are the property of their respective owners.

Please note that unauthorized use of any service or product, including, without limitation, any software used by the services on the Site, may subject you to civil and criminal penalties, (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.

Notwithstanding the foregoing, you may reproduce promotional images and information from the Site solely for the purposes of promoting Kuo, the Site and it’s content, provided you do not receive any financial or other profit from doing so. Any such promotional uses must be accompanied by a link to www.garykuo.com. Examples of said promotional uses may include sharing a photo, video, or song sample from the website on your social media page; or writing a post on your blog promoting the content or artist(s) on www.garykuo.com and including a photo from the Site in said blog post. Notwithstanding the foregoing, any uses of the images, information, photographs, or content from the Site that may be offensive, derogatory, disparaging, or harmful in any way to Kuo or Kuo Affiliates are strictly prohibited.

The Site may include or be used in connection with certain Third Party Services, which are defined as third party software applications and services or links thereto (hereinafter “Third Party Services”). Kuo does not control Third Party Services and therefore Kuo is not responsible or liable for any Third Party Services, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Services or their use. Kuo has no obligation to monitor Third Party Services, and may remove or restrict access to any Third Party Services (in whole or part) from the Site at any time. The availability of Third Party Services on the Site does not imply Kuo’s endorsement of, or affiliation with any such Third Party Services or their developers or providers. Further, your use of Third Party Services may be governed by additional terms and conditions that are not set forth in this Agreement or this Site’s Privacy Policy. Nothing in this Agreement shall be deemed to be a representation or warranty by Kuo with respect to any Third Party Service. Your access to or use of such Third Party Services may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Services.

Kuo reserves the right to terminate your use of this Site at any time and for any reason, without notice. All restrictions, rights granted by you and all disclaimers and limitations of liability by Kuo will survive termination. You agree to discontinue use of this Site immediately upon your disagreement with or breach of any of these terms and conditions, as they may be amended from time to time.

You may need to register to use any part(s) of the Site. Kuo may reject, or require that you change, any user name, password or other information that you provide to Kuo in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify Kuo of any confidentiality breach or unauthorized use of your user name and password, or your Site account.

If you wish to purchase any Merchandise made available through the Site (each purchase shall be known as a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number, your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant Kuo the right to use such information in accordance with the Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Except to the extent prohibited by applicable law, Kuo reserves the right, with or without prior notice, to change descriptions, images, and references of any Merchandise; to limit the available quantity of any Merchandise; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Merchandise. Price and availability of any Merchandise offered through the Site are subject to change without notice. In the event that Merchandise is listed at an incorrect price or with other incorrect information, Kuo has the right to refuse or cancel any Transaction(s) for such Merchandise. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. Kuo, Kuo Affiliates, or Kuo’s third party designees may automatically process charges against your selected payment method on the receipt page or when Kuo provides you with a “Download Now” link. Kuo, Kuo Affiliates, or Kuo’s third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

You hereby waive, discharge, release and relinquish any and all claims that you now have or may have against Kuo or Kuo Affiliates, and further agree to indemnify and hold Kuo and Kuo Affiliates harmless from any claim or demand, including all legal fees and court costs, made by any third party arising from your use of this Site, the violation of these terms and conditions by you, or the infringement by you, or other unauthorized user of this Site under your user name, of any intellectual property or other right of any person or entity. Any links visited through this Site are at your own risk.

KUO AND KUO AFFILIATES ACCEPT NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY RESULT FROM YOUR USE OF THIS SITE. KUO AND KUO AFFLIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE ON THIS SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. KUO OFFERS THIS SITE AS A COURTESY TO ITS CUSTOMERS AND RELATED INDUSTRY MEMBERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. KUO AND KUO AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM YOUR USE, OR INABILITY TO USE THIS SITE, NOR FOR DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER HARDWARE OR SOFTWARE, MODEM, TELEPHONE LINE, OTHER PROPERTY, BUSINESS, TIME, INCOME, OR OTHER INTANGIBLES AS A RESULT OF YOUR USE OF THIS SITE. KUO AND KUO AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM MESSAGES TRANSMITTED TO OR FROM THIS SITE, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON THIS SITE. FURTHER, KUO AND KUO AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING YOUR USE OF THE SITE OR FROM ANY THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. IN THE EVENT ANY PORTION OF THIS DISCLAIMER OR THIS AGREEMENT IS DEEMED UNENFORCEABLE OR INAPPLICABLE, KUO’S TOTAL, EXCLUSIVE, AND MAXIMUM LIABILITY WILL BE THE AMOUNT PAYED BY YOU TO ACCESS THE SITE AND ONLY THE SITE AND KUO AFFILIATES SHALL HAVE NO LIABILITY.

This Site is controlled and/or operated from the United States, and is not intended to subject Kuo or Kuo Affiliates to non-U.S. jurisdiction or laws. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.

You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, the Merchandise, or any related software or materials, or any Third Party Services, would result in irreparable injury to Kuo for which money damages would be inadequate, and in such event Kuo, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Kuo may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please feel free to contact Kuo’s legal representative via e-mail at legal@garykuo.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to Kuo. You may also contact Kuo’s legal representative by writing to Kuo at Erin M. Jacobson, Esq., 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210, Attn: Gary Kuo Website.

By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to legal@garykuo.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to Kuo. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kuo. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without Kuo’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that Kuo posts on the Site (including, without limitation, the Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and Kuo relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Kuo relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in Kuo’s discretion. Kuo may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that 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. Kuo and Kuo Affiliates will not be responsible for failure to fulfill any obligation due to causes beyond Kuo’s control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Kuo’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.