Terms of Service

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Quarry Music, a service provided by Quarry Music, LLC (“Quarry Music,” “we” or “our”).

These Terms of Use govern your use of our website, accessible via Quarrymusic.fm (the “Site”) and its mobile application (the “App” and together with the Site, the “Platform”). For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any audio files, text, images, videos, graphics, comments, software, source code, applications, specifications and other content, data or information available through the Platform; and “Your Content” means: any audio files, text, images, videos, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform.

These Terms of Use, together with our Privacy Policy and any other terms specifically referred to in the Terms of Use and/or Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you and us in relation to your use of the Platform.

Please read these Terms of Use and our Privacy Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Platform. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any Content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and Privacy Policy, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.

You agree that we may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. All revisions will be posted to the Site and/or to the App. We urge you to review these Terms of Use frequently for changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. and/or the App Your continued use of the Site and/or the App means that you accept those changes.

These Terms of Use are effective as of May 18, 2015.

REGISTRATION

In order to make full use of the various functions of the Site and in order to download the App you must log in with Facebook Login. Your email address as provided to Facebook, your Facebook ID and other information you permit us to have access to, will be treated in accordance with our Privacy Policy. However, if you choose to contribute Content to the Platform, your Facebook ID will appear on the Platform and will be visible to other users, alongside any Content you provide. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the Terms of Use. You are responsible for maintaining the confidentiality of the password to your Facebook account, and are responsible for all activities that occur using your Facebook ID and password, whether or not expressly authorized by you. Quarry Music will not be responsible for any damages resulting from the unauthorized use of your Facebook ID or password. You agree to notify us immediately of any such unauthorized use or any other breach of security. Access and use of the Platform is not authorized by any other person or entity using your Facebook ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privileges to use the Platform have previously been terminated by Quarry Music may not register for the Platform and, nor may you designate any of those individuals to use your user id on your behalf.

USE OF PLATFORM

Subject to your strict compliance with these Terms of Use, we hereby grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Site, to listen to audio Content streamed from the Platform and to submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Site and/or the App from time to time

Unless otherwise specified, the Site and the App are for your personal use. You may not: modify, copy, rip, capture, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; other than for your use of the Site and/or the App as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site and/or the App is hosted, modify or alter the Site and/or the App in any way; use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering; employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content; employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content, or to misrepresent your activity on the Platform; alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content); deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person; use or attempt to use another person's account, password, or other information, unless you have express permission from that other person; use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available to the public: any commercial Content; any Content that is abusive, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or which may constitute or encourage a criminal offense; any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of any party including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; any Content that violates, breaches or is contrary to any law, rule, regulation, court order, gives rise to liability or is otherwise illegal, unlawful or otherwise objectionable in our reasonable opinion; any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation. use the Platform to solicit others to join or become members of any other commercial online service or other organization; or violate, circumvent or attempt to violate or circumvent any data security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without derogating from any of our other rights or remedies under these Terms of Use, we reserve the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

COPYRIGHTS

Other than as provided below with respect to Your Content and Content uploaded by other users of the Platform, the Content and the Site and/or the App, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of Quarry Music and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Quarry Music’s express written consent. Other than as necessary for your use of the Site and/or the App in accordance with these Terms of Use, Quarry Music grants no other privileges or rights in the Content to you. Any Content owned by Quarry Music’s licensors may be subject to additional restrictions.

TRADEMARKS

All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear on the Site and/or the App are proprietary to Quarry Music or other respective owners that have granted Quarry Music the right and license to use such Marks. Other than with respect to your own Marks, you may not display or reproduce the Marks other than with the prior written consent of Quarry Music or the owner of the relevant Mark, and you may not remove or otherwise modify any trademark notices from any Content.

YOUR CONTENT

Your Content is generated, owned and controlled solely by you, and not by us and Your Content remains your sole responsibility. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights.

From time to time the Platform will afford you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and we shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

GRANT OF LICENSE

By uploading or posting Your Content to the Platform, you hereby grant Quarry Music a worldwide, non-exclusive, royalty-free,fully paid sublicenseable and transferable license to transcode and store Your Content on its servers and to use, reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of, make available and communicate Your Content to the public on the Platform, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats through any media channels.

By uploading Your Content to the Platform, you also grant a worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared, to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public. Removal of audio Content from your account will result in the deletion of the relevant files from Quarry Music’s systems and servers.

You are granting the licenses set forth above separately with respect to each item of Your Content that you upload to the Platform. The licenses pertaining to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. The licenses pertaining to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Any Content other than Your Content is the property of the relevant party who uploaded such Content, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. You may not download, reproduce, distribute, transmit, re-upload, republish, publicly display, publicly perform, create derivative works of, sell, license, make available or otherwise communicate to the public or exploit for any purposes, other than through ordinary use of the Platform in accordance with these Terms of Use or with the express written consent of the party who uploaded such Content.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to Quarry Music as follows:

(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and to authorize Quarry Music to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, create derivatives works of, make available and otherwise communicate Your Content to the public, and each and every part thereof, on, through or via the Platform.

(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform.

(iv) Your Content, including any comments that you may post on the Platform, is not and will not be unlawful, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

We reserve the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quarry Music without restriction.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Quarry Music respects the intellectual property of others, and we ask our users and visitors to do the same. Quarry Music will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Quarry Music will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Quarry Music with the following information. Please be advised that to be effective, the notification must include ALL of the following: a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site and/or the App; your address, telephone number, and email address and all other information reasonably sufficient to permit Quarry Music to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement (“DMCA Notice”) should be directed to: Quarry Music, LLC, 1632 S. Juniper Street, Philadelphia, PA 19148 or Contact@quarrymusic.fm.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING QUARRY MUSIC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

If you discover Content that infringes any or violates any of your rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, or applicable law, please report this to us at Contact@quarrymusic.fm.

If you believe that the material reported in the DMCA Notice you received was misidentified or removed in error, you should file a counter-notice, containing the following information:

A physical or electronic signature (typing your full name will suffice); Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA Notice will suffice); A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Quarry Music may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.

BLOCKING OR REMOVING CONTENT

While we have no legal obligation to monitor the Content on the Platform, we reserve the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, or applicable law, or is otherwise unacceptable to us.

Please also note that individual users who upload Content have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Quarry Music shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Quarry Music or the relevant user.

REPEAT INFRINGERS

We will suspend or terminate your access to the Platform if we determine, in our reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.

THIRD-PARTY WEBSITES

In an attempt to provide increased value to our visitors and users, the Site and/or the App may contain links to other websites on the Internet that are owned and operated by third parties other than Quarry Music (the “External Sites”). However, even if the third party is affiliated with Quarry Music, Quarry Music has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Quarry Music. Quarry Music has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by the third parties owning and operating them. Links do not imply that Quarry Music sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Quarry Music seeks to protect the integrity of the Site and the App and the links placed upon them and therefore requests any feedback on not only the Site and the App, but for the External Sites as well (including if a specific link does not work). You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

TERM; TERMINATION

If you want to terminate your legal Agreement with Quarry Music, you may do so by: notifying Quarry Music at Contact@quarrymusic.fm or closing your account by going to quarrymusic.fm, user profile account, and selecting “delete account”.

We will suspend or terminate your account without warning (i) if we have determined, in our sole discretion, that you: (a) are a repeat infringer, as set forth above; (b) have breached any provision of these Terms of Use, and/or (c) have engaged in conduct, which we consider to be unacceptable, in our sole direction; (ii) if we are ordered to do so by a court or otherwise required by law to do so; (iii) if we elect at our discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, and/or (iv) in other appropriate circumstances, as determined by us in our sole discretion.

Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Quarry Music, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as we assume no liability for any material that is irretrievably deleted following any termination of your account. We are not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Site for as long as your account is active.

If you access the Platform via a mobile app, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Site.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your Content, Grant of License, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination Applicable Laws, and General.

LIABILITY FOR CONTENT

We do not and cannot review all communications and materials posted to or created by users accessing the Platform and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated Content on the Platform, Quarry Music is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Contents or activities on the Platform. However, Quarry Music reserves the right to block or remove communications or materials that it determines to be (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or; other intellectual property right of another or (iv) violates any law or regulation or (v) offensive or otherwise unacceptable to Quarry Music at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Quarry Music in accordance with the Quarry Music’s Privacy Policy.

DISCLAIMER

Quarry Music makes no warranties or representations about the accuracy or completeness of the consent of the Platform or External Site. Quarry Music does not filter advertisements or other Content that children may view through our sites or “hot-linked” sites, and they could receive Content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND/OR THE APP AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE AND/OR THE APP, INCLUDING LINKS, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUARRY MUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. QUARRY MUSIC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE APP OR THE SERVER THAT MAKES THE SITE AND/OR THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUARRY MUSIC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE AND/OR THE APP IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE AND/OR THE APP, YOU WARRANT TO QUARRY MUSIC THAT YOU WILL NOT USE THE SITE AND/OR THE APP FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL QUARRY MUSIC, OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF QUARRY MUSIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;

(B) ANY CHANGES THAT QUARRY MUSIC MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT;

(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY QUARRY MUSIC OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;

(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT, ANY INFORMATION RELATING TO CONTENT OR ANY VIRUS OR MALICIOUS CODE;

(E) YOUR FAILURE TO PROVIDE QUARRY MUSIC WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;

(F) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR

(G) ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF QUARRY MUSIC BREACHING THESE TERMS OF USE.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO QUARRY MUSIC AS SOON AS POSSIBLE.

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUARRY MUSIC’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM EXCEED TEN DOLLARS ($10 USD).

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Quarry Music its successors, assigns, affiliates, agents, directors, members, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: (i) any violation by you of these Terms of Use; (ii) any third party claim of infringement of copyright or other intellectual property rights, violation of the right of publicity or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content; or (iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Quarry Music.

Data Protection, Privacy and Cookies

All personal information that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by us in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is also explained in our Privacy Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy.

APPLICABLE LAWS

Your use of the Platform shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Platform shall be exclusively in the state or federal courts located in the Commonwealth of Pennsylvania. Any cause of action or claim you may have with respect to the Platform must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Quarry Music may assign its rights and duties under this Agreement to any party at any time without notice to you.

Quarry Music makes no representation that materials in the Platform are appropriate or available for use in other locations, and access to them from territories where their Content is illegal is prohibited. Those who choose to access this Site and/or the App from locations outside Pennsylvania do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania. No Class Actions

You may only resolve disputes with Quarry Music on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

GENERAL

To the extent purchases of products from the Site and/or the App are possible, they would be subject to separate purchase terms, which would be presented at the time of purchase. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quarry Music as a result of these Terms of Use, our Privacy Policy or any use of the Site and/or the App. Quarry Music’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy is in derogation of Quarry Music’s right to comply with law enforcement requests or requirements relating to your use of the Site and/or the App or information provided to or gathered by Quarry Music with respect to such use. These Terms of Use, and our Privacy Policy constitute the entire agreement between you and Quarry Music with respect to the Site and/or the App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Quarry Music with respect to the Site and/or the App. We may provide notice to you hereunder by posting announcements to the Site and/or the App.

NOTICES

Please send all notices by mail to: Quarry Music, LLC, 1632 S. Juniper Street, Philadelphia, PA 19148 or by email at Contact@quarrymusic.fm.