PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES, AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the website of Clay Shelburn Music (“Company”), located at www.clayshelburn.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
Company is committed to ensuring that your privacy is protected and may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 22, 2016.
If you submit information via a contact us form, email, via a comment on a post, or place a product order via the Site’s Web Store, Company collects the information you submit.
Company collects any information that Google Analytics collects and/or SEO Analytics collects regarding your visit to the Site. Company uses this information to provide you with better service by using the information for: Internal record keeping; improving our products and services; periodically sending promotional emails about our services or topics of interests to the email address you provided; customizing the Site.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze Web traffic or lets you know when you visit a particular site. Cookies allow Web applications to respond to you as an individual. The Web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Company uses traffic log cookies to identify which pages are being used. Overall, cookies help Company provide you with a better Site. You can choose to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.
Company honors do no track signals and does not track, plant cookies, or use advertising when a do not track browser mechanism is in place.
You can view much of the content and use many of the services offered by the Site without providing any personal information to Company. Users who would like to purchase products from the Web Store, will need to disclose certain personally identifiable information.
The Site is not directed to children under the age of 13. If you are under the age of 13, you may not provide any personal information via the Site or Web Store.
2. Copyright and Limited
License: Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, license to access and use the Site but other than that, please don’t copy our stuff or the stuff belonging to third parties.
3. Copyright Complaints:
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Tiffany Shelburn
Full Address of Designated Agent to Which Notification Should be Sent: 8108 Tanner Ave Fort Worth, TX 76116
Email of Designated Agent: firstname.lastname@example.org
CLAY SHELBURN and the CLAY SHELBURN with guitar design are trademarks of Company. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, 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 on the Site are the property of their respective owners. Again, don’t use our stuff or anybody else’s stuff without permission.
5. Process of Payments and Third Party Sites:
6. Advertisements and Promotions:
Company may run advertisements and promotions from third parties on the Site. You are responsible for your dealings with third parties and third party sites. Company is not.
7. Disclaimers and Acknowledgements Regarding Use of Site Information:
The Site, the Site materials, and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. Company does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components.
8. Limitation of Liability:
In no event shall Company or its officers, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, the outcome of legal matters, 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 related to or connected with any use of the site, the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, 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’s records, programs or services.
You agree to defend, indemnify and hold harmless Company, its directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any user content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
10. Applicable Law and Venue:
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Collin County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
13. Affiliate Links:
Posts on this Site may contain affiliate links. If you click on a third-party link and make a purchase, Company may receive either an in-kind benefit or cash.