Terms and Conditions

These terms and conditions (the “Terms”) outline the rules and regulations for the use of Austin Gelber Music (the “Company”) websites. By accessing this website (the “Site”), we assume you accept these terms and conditions in full. Do not continue to use Austin Gelber Music website if you do not accept all of the terms and conditions stated on this page. The Site is provided to you for streaming, music purchases, other music information, and other products and/or services that may be available from time to time (the “Services”).

The following terminology applies to these Terms and Conditions: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Austin Gelber Music”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both you and the Company, or either you or ourselves.

Privacy

Your use of the Site is subject to Gelber Production’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Austin Gelber Music constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Third Party Links

The Site may contain links to other websites. These linked sites are not under the control of Austin Gelber Music and Austin Gelber Music is not responsible for the contents of any linked site including without limitation any link contained in a linked site, or any changes or updates to a linked site.

Austin Gelber Music provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Austin Gelber Music of the Site or any association with its operators.

Certain products and services made available via the Site are delivered by third party sites and organizations.

By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Austin Gelber Music may share such information and data with any third party with whom Austin Gelber Music has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.

As a condition of your use of the Site, you warrant to Austin Gelber Music that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree that our Services and Site contain proprietary information and material that is owned by us, and that is protected by applicable intellectual property and other laws, including but not limited to patent, trademark and copyright, and that you will not use such proprietary information or material in any way whatsoever except for use of the Services and Website in compliance with the Terms and Conditions, and Privacy Policy.

All content included as part of the Service, such as recordings, sound, compositions, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Austin Gelber Music and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Austin Gelber Music content is not for resale.

All copyrights in and to the Site and Products are owned by us and/or our licensors.

All of our trademarks, service marks, graphics, and logos used in connection with the Services and Site are trademarks or registered trademarks of Austin Gelber Music in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks, unless otherwise stated herein.

Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Austin Gelber Music and the copyright owner.

You agree that you do not acquire any ownership rights in any protected content.

We do not grant you any licenses, express or implied, to the intellectual property of Austin Gelber Music or our licensors except as expressly authorized by these Terms.

The Services provided are for individual use only. For commercial use, you must obtain written consent from Austin Gelber Music prior to any commercial use.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site or notify any users of any modifications made. You agree that it is your responsibility to monitor changes to our Site.

Errors, Inaccuracies, Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.

International Users

The Service is controlled, operated, and administered by Austin Gelber Music from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

You agree that you will not use the Austin Gelber Music content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Austin Gelber Music, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Austin Gelber Music reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Austin Gelber Music in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AUSTIN GELBER MUSIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AUSTIN GELBER MUSIC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUSTIN GELBER MUSIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUSTIN GELBER MUSIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUSTIN GELBER MUSIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. We are not responsible for any interrupted usage of third-party products, such as cloud storage.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and Services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Termination/Access Restriction

Austin Gelber Music reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Austin Gelber Music as a result of this agreement or use of the Site.

Austin Gelber Music’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Austin Gelber Music’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Austin Gelber Music with respect to such use.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Agreement to Arbitrate

In the event of a dispute between you and us arising under or relating to our website or the products or services, you hereby acknowledge and agree that by using the website, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to any services constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of Texas.

Cancellation/Refund Policy

If you need to cancel your order, you can do so by e-mailing Austin Gelber Music via our Contact page.

Changes to Terms

Austin Gelber Music reserves the right, in its sole discretion, to change the Terms under which the Site is offered.

The most current version of the Terms will supersede all previous versions. Austin Gelber Music encourages you to periodically review the Terms to stay informed of our updates.

For more information on Austin Gelber Music Terms & Conditions, contact us by visiting our Contact Us page.

Effective as of December 13, 2023.