Use of the Site
You represent that You have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with these Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.
The works of authorship contained in the Site, whether separate or compiled, including but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by PW, its affiliates and/or its third-party information providers, and are protected by United States and international intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. PW does not convey, through allowing access to the Site, any ownership rights in the Site or in any content displayed on or accessible from the Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Content.
The trademarks Primary Wave, Primary Wave Music Publishing, Primary Wave Talent Management, and Primary Wave are the proprietary rights of PW or its affiliates, and all rights are reserved. All other trademarks and service marks and other rights appearing in this Site are the property of their respective owners, including, in some instances, PW or third parties.
Third Party Content and Websites
Data and other materials appearing on this Site that are provided by third parties are believed by PW to have been obtained from reliable sources, but PW cannot guarantee and is not responsible for the accuracy, timeliness, completeness, or suitability for use of such materials. PW is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. Neither PW nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third party content, nor its merchantability of fitness for any particular purpose. The fact that PW has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by PW with respect to such website, its owners, providers, or services. Although PW takes all precautions to ensure links meet its standards when selected, PW cannot guarantee that the websites have not subsequently changed, and that they continue to meet its standards. Your use of these websites or their products or services is at Your own risk. PW expressly disclaims all liabilities associated with these third party websites and product or services.
Timeliness of Content
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons.
PW may discontinue or suspend the Site at any time without notice, and PW may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that PW shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
You may not link to the Site unless You comply with these linking conditions (“Linking Conditions”). PW grants You a limited, revocable, nonexclusive right to create a hyperlink to the Site (“Link”), provided You comply at all times with the following conditions:
- The Link must resolve to PW’s portal page at www.primarywave.com, unaltered in any way;
- The text of the Link must read “Primary Wave,” “Primary Wave Music Publishing”, “Primary Wave Talent Management” or “www.primarywave.com.” You may not use any PW logo or graphic, or any other PW trademark, as part of the Link without PW’s express written permission; and
- The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and PW, including suggestions of affiliation, endorsement, or sponsorship; (b) portray PW or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver content and materials in a framed environment or alter the layout, content, look, or feel of the Site. If You have created a Link that conforms to these Linking Conditions, then You also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Site
E-mail messages may not be secure and may be intercepted by third parties. If You send us an e-mail containing confidential information about You, You agree that You do so at Your own risk and to hold PW harmless from any loss that You may suffer as a result.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PW, ITS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE SITE, (ii) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE, (iii) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES, AND (iv) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PW IN THESE TERMS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
FURTHER, PW AND ITS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF PW AND ITS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to defend, indemnify and hold harmless PW, its affiliates, licensors, partners, suppliers and third party information providers and vendors, and their respective officers, directors, employees, agents and representatives, from any and all claims, demands, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or related to Your improper access to or use of the Site, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.
You acknowledge and agree that Your access and use of the Site does not create any agency, partnership or joint venture relationship between the You and PW.