Terms & Conditions

 

Terms and Conditions
This web page represents a legal agreement between Users, Buyers and website eMusicRelease. By using eMusicRelease website you agree to all of the terms and conditions.
The following terms and conditions apply to users and customers. Please review our terms and conditions for use of website and terms related to our products and 
services. 

Rights to your music
At no time does eMusicRelease claim anyrights to your music or publishing of anykind.

Prohibited Uses

You may use eMusicRelease only for lawful purposes and in accordance with these website Term

You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.


To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below in these Terms of Use.


To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.


To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).


To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.


Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.


Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful to the Company or others.


Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer, or database connected to the Website. Copy, mirror or otherwise attempt to replicate or reproduce the Website.


Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to,your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Acceptance of Agreement

This Agreement is between you and eMusicRelease

THIS AGREEMENT CONTAINS ABSOLUTE PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS  CAREFULLY AND IN THEIR COMPLETE ENTIRETY, 
BY READING THESE TERMS OR USING THE SITE IN ANY CAPACITY OR SIGNING UP FOR OUR SERVICES YOU ABSOLUTELY AGREE TO ALL OUR TERMS AND CONDITIONS WHERE BOUND BY LAW.
IF ANY PART OF THE AGREEMENT IS NOT BOUND BY STATE OR COUNTRY LAW IT WILL NEGATE THE AGREEMENT AS A WHOLE ONLY ANY PART NO BOUND BY LAW.

Except as otherwise noted, this Agreement constitutes between you and eMusicRelease, this agreement supersedes all other Agreements, understandings, advertisements, affiliate marketing, previous website, representations, hearsay, warranties and understandings with respect to anything on eMusicRelease related to
Services, Press Release, Podcasts and any and all subject matter contained within the website. Any such representations on this website in regards to products and servcies will also be bound in this agreement.


Right of Refusal

eMusicRelease reserves the right to refuse to promote music that promotes hate, racism, violence, bigotry, or anything extreme. If right of refusal is executed customer will receive a full refund and services will not be rendered.

Our Intellectual Property
eMusicRelease may contain our logos, text, or trademarks as well as those of our affiliates or other vendors, in the form of words, logos, pictures, titles,and graphics. Your use of any kind with eMusicRelease does not constitute any right whatsoever or license for you to use our logos, text, graphics, or trademarks, without the priorwritten consent. Our Press Releases, words text or anything found within eMusicRelease, is protected under copyrights foreign and domestic. The copying, redistribution, of press releases, interviews, podcasts, website text of any and all such Content, is strictly prohibited by Copyright all. All text within published or written by eMusicRelease is owned by eMusicRelease.   Use of our Products, Services, payment does not grant ownership or rights to restribute content without written consent

All written materials here within are fully subject to copyright law eMusicRelase 2020


Limited use and License

 eMusicRelease grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services in strict accordance with the following terms No part of this website either printed, online, in graphic format or through text message or email maybe used in litigation, discovery, court, arbitration, whatsoever in
any circumstances.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.


Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful to the Company or others.


Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
Copy, mirror or otherwise attempt to replicate or reproduce the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The music, press releases, opionions on eMusicRelease may not reflect the values or opionions of eMusicRelease 


eMusicReleases 

Website Errors, Misspellings, Corrections, Changes

We may make changes to products, services UI, press releases, functionality or content on eMusicRelease at any time. We reserve the right in our sole discretion to edit or remove services, information, products,or other content. If we deem content inappropriate for whatever that doesn't fit in line with the standards or eMusicRelease we can remove at any time without notice especially content that is hateful or bigoted toward one group, hate speech, racism, and/or violence.

Celebrity and Third Party Inclusion
eMusicRelease may incorperate Celebrities, Vendors, advertisers and other sponsors. We do not endorse any statements, claims made by vendors, celebrities, sponsors or affilates that's not consistant with the values of
eMusicRelease. 

eMusicRelease.com is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, Our Website or Hosting may be temporarily unavailable from time to time 
for maintenance or other reasons. eMusicRelease.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure,

Under no circumstances will eMusicRelease.com be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

eMusicRelease.com reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). eMusicRelease AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. eMusicRelease.com, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. eMusicRelease.com CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. eMusicRelease.com DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


Client agrees to indemnify and save harmless the Consultant, its officers, directors, shareholders and/or agents from all losses, damage, injury or expense, including costs of investigation, attorney's fees and costs (whether or not suit is filed), arising out of any act or failure to act on the part of the Client under this Agreement, or out of the failure of either party to comply with any provisions of this Agreement. Client agrees to indemnify and save harmless the Consultant from any and all claims, suits, losses, fines and/or expenses arising out of, based upon, or incurred because of damages claimed by, suffered by, or alleged by any person or entity or claimed injuries to any person or persons (including death resulting therefrom or damage to the property sustained), or which may be alleged to have been sustained by reason of such failure, or through the negligence or alleged negligence, or through the acts of the Consultant or its employees or agents.

In the event it is necessary to enforce this Agreement or to seek damages or indemnify for failure to comply with its provisions, the Consultant shall be entitled to recover from the Client its reasonable attorneys' fees and costs, and expenses whether or not suit is filed, and irrespective of whether it is for negotiation, consultation, bankruptcy, and actions, proceedings, appellate proceedings or post-judgment proceedings to enforce or collect judgment.

Any controversy or claim arising out of, or relating to, this Agreement or the making, performance or interpretation thereof, shall be settled by arbitration in Fort Lauderdale, Florida in accordance with the Rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Nothing herein shall preclude the Consultant from seeking injunctive relief in any court for any breach of this Agreement that might result in material irremediable harm to the Consultant without such injunctive relief. This Agreement shall be governed by the laws of the State of Florida.

This Agreement and any provision hereof may not be waived, changed, modified or discharged orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.

Except as otherwise expressly provided herein, no waiver of any covenant, condition or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any part of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.

This Agreement contains the entire Agreement and all understanding between the parties hereto and supersedes all prior agreements and understandings.

This Agreement may be executed simultaneously in one or more counterparts, each of that shall be deemed an original, but all of which together shall constitute one and the same instrument.

PLEASE NOTE OUR POLICY ON CHARGEBACKS:

User understands that ePressRelease does not tolerate fraudulent chargebacks and will proceed to collect by any means necessary.

User is responsible for attorney's fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.

If User charges back fraudulently, client will owe $500 plus chargeback fees plus amount owed.

Company will report any outstanding balances to the three main credit bureaus.

Company will have the incident reported to anti-fraud databases, which will attempt to prevent any further purchases on the Internet.

Company has a chargeback legal department and will file suit if necessary.