Terms and Conditions - Gary Kuo
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”.
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.
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 firstname.lastname@example.org, 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.
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.
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 email@example.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 Darren M. Richard, Esq., 2018 Bedford Rd., Columbus, OH 43212, Attn: Gary Kuo Website.