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Terms of Use

Introduction

These Terms and Conditions contained herein on this webpage, shall govern your use of the Excelcia Music Publishing, LLC website (www.excelciamusic.com), including all pages within this website(collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms and Conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms and Conditions.

Intellectual Property Rights

All content on this Website is protected under the copyright laws of the United States of America and in other countries. Unless otherwise specified, no one has permission to copy or republish, in any form, any content found on the Website. Removing or changing any copyright notices on this content is prohibited.

Restrictions

You are expressly restricted from all of the following:

  • publishing any Website material in any media without permission;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Excelcia Music Publishing, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Eligibility

If you are under the age of 18, you are permitted to use this Website only with the consent of your parent or legal guardian. You are not permitted to create an account or to purchase music from this Website, even with parental consent. If you are a parent or guardian permitting a minor under the Minimum Age (a “minor”) to use the Website, you agree to: (i) supervise the minor’s use of the Website; (ii) assume all risks associated with the minor’s use of the same, including the transmission of content to and from third parties via the Internet; (iii) and assume any liability resulting from the minor’s use of the Website; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Website.

Usernames & Passwords

If you chose, you can create an account with us to make your purchasing experience better. Please refer to our Privacy Policy for more information on setting up and account. If you chose to create an account, it is highly recommended that good usernames and strong passwords are used by all individuals that create accounts for this Website. This is essential to keep the security and integrity of the Website and to better protect your personal information. Users will hold harmless Excelcia Music Publishing, LLC from any damage that is caused to the user’s personal information if these protocols are not followed. Do not share usernames or passwords with anyone. Failure to abide by these terms could result in having your Cadenza account terminated.

Third-Party Websites

As part of the services offered to you on this Website, you may be redirected to a third-party website to receive purchased content. We will attempt to notify you when you sent to a third-party website by opening a new browser window or otherwise notifying you that you are leaving our Website. However, we shall incur no liability if we do not so notify you.It is your responsibility to review the terms and conditions for using the third-party websites.

No Warranties

This Website is provided “as is,” with all faults, and Excelcia Music Publishing, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of Liability

In no event shall Excelcia Music Publishing, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of theis Website, whether such liability is under contract, tort or otherwise, and Excelcia Music Publishing, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Excelcia Music Publishing, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Excelcia Music Publishing, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

Excelcia Music Publishing, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Excelcia Music Publishing, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.

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