The following terms and conditions govern and control all use of our Site and all music, content, information and products available through this Site. Your use of our Site and our services and products constitute your acceptance without modification of all of the terms and conditions which are set forth below; and should you elect to become a customer or licensee using our products, the terms and conditions contained in our separate license agreement shall also be applicable and shall govern your use of our Site and content.
Please note that you must be at least 13 years of age to use this Site.
Should you wish to become a customer of NLM and license the use of our music products (the “Content”), you agree to execute our separate license agreement governing such use (the “License Agreement”).
2. Intellectual Property to the Content.
(a) This Agreement does not transfer any ownership of our Content to you or any other person or entity affiliated with you. NLM reserves and owns all right, title and interest, including the exclusive worldwide copyright in and to the Content. For the purpose of the Site, the term “Content” shall also be deemed to include our tradename, trademarks and logos. Your use and access of this Site does not grant to you or convey a right or license to reproduce our name, trademarks or logos without our prior written consent.
(b) You also agree not to modify, reproduce, create derivative works from, change, license to others or use our Content except as expressly provided in the License Agreement.
(c) You agree not to use in any way or induce a third party to use in any way, our Content or business model used on or available through this Site, either for your own or a third party’s commercial benefit, and specifically including not offering cheer industry customized music mixes.
3. Right to Terminate.
NLM hereby disclaims all warranties, whether express or implied, of merchantability and fitness of the Site or the Content for a particular purpose. Neither NLM or its Site Vendors make any warranty that the Site will be error free or that access to our Site will be uninterrupted. You acknowledge that your use of our Site and Content will be at your sole risk and responsibility, except that we do warrant that our Content does not infringe upon the rights of any third party.
5. Limitation of Liability and Indemnification.
(a) Under no circumstances will NLM or its affiliates, principals, officers or employees be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including lost profits) that arise out of or are related to the use of this Site or the unauthorized use of our Content.
(b) You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against NLM arising out of its services and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these terms have “failed of their essential purpose”.
(c) You agree to defend, indemnify and hold NLM and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these terms or of the License Agreement.
(d) NLM respects the intellectual property rights of others and required that its Site visitors and licensees do the same. If you believe that any Content on the Site or other activity taking place on the site constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
New Level Music, L.L.C.
1425 Market Boulevard, Suite 530-262
Roswell, Georgia 30076
Attn: Compliance Department