“lynstanley.com” is a trade name and the domain of Lyn Stanley, an individual residing in California that owns and operates the website with the URL: www.lynstanley.com.
This site sells LOST IN ROMANCE, an Album of musical recordings, that may be purchased via check, money order/cashier’s check and/or Paypal.com. This Album features the voice of Lyn Stanley and are covers of songs previously recorded by other artists. The website also includes Lyn Stanley’s performance videos.
The terms “we,” “our,” “us,” and the “website” refer to lynstanley.com and Lyn Stanley. The terms “you” and “user” refer to all individuals and/or entities accessing this website for any reason. “Album” refers to the CD, LP and digital downloads.
We reserve the right to modify these Terms of Service (“Terms”) and any policies affecting the website. Any modification is effective as of the earlier of:
(a) The posting of the modifications or new Terms on the website; or
(b) The distribution via electronic mail of the modifications or new Terms. Your continued use of the website following the effective date of any modification to these Terms shall be conclusively deemed an acceptance of all such modification(s). We shall incur no legal liability for modifying or changing our Terms.
5. Proprietary Rights.
You further acknowledge that we are the copyright owners of the Album, videos, and the website itself (“proprietary material”). You may request permission for use of our proprietary material by emailing us at email@example.com.
You agree to the following:
(a) You will not reprint, republish, display, reproduce, distribute or create derivative works from, transmit, sell, distribute, or in any way exploit the website, the Album and/or videos without our express written permission;
(b) you will not share or upload our the Album (or any of its individual tracks) and/or videos via any peer-to-peer websites or other software that would facilitate infringement of our copyright in and to the Album and/or videos;
(c) you will not download the Album (or any of its individual tracks) without paying our website to purchase the digital download;
(d) you will not burn and distribute compact discs of the Album (or any of its individual tracks) and/or videos to any third parties;
(e) you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website;
(f) you will not use a robot, spider or other device or process to monitor the activity on or copy pages from the website, except in the operation or use of an internet "search engine", hit counters or similar technology;
(g) you will not interfere with the website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
(h) you will not copy or modify the underlying code;
(i) you will not use any meta tags, search terms, key terms, or the like that contain Lyn Stanley’s name, the website’s url, trademarks, or A.T. Music, LLC;
(j) You will not assist or encourage any third party in engaging in any activity prohibited by these Terms; and,
(k) You will comply with these Terms and Applicable Laws. 7. Age Restrictions/Credit Cards. You represent and warrant to us that you are at least eighteen (18) years old and that the checking account and/or Paypal.com account that you are using to make purchases on our website belongs to you.
(a) CD and LP orders are “Final Sale” unless they shipped and arrive damaged. In said case, please return the damaged CD or LP and the packaging to P.O. Box 73696, San Clemente, CA 91673. A replacement CD or LP will be shipped to you once your return is processed.
(b) Downloads are “Final Sale” unless they are damaged. Replacement downloads will be provided by emailing us at firstname.lastname@example.org.
8. Disclaimer of Warranties. Except as Expressly Set Forth Herein, the Material on this Website (Including All Content, the Album, Software, Videos, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided “As Is”, Without Warranties of Any Kind, Either Express or Implied, Including but Not Limited To, Warranties of Merchantability and Fitness for a Particular Purpose to the Fullest Extent Permissible by Law. We Make No Warranties and Shall Not Be Liable for the Use of the Site under Any Circumstances, Including but Not Limited to Negligence by Us. We Do Not Warrant That the Functions Contained in the Site or Services Will Be Uninterrupted or Error-free, That Defects Will Be Corrected, That the Site or Services Will Meet Any Particular Criteria of Performance or Quality, or That the Site or the Server(s) on Which the Site Is Operated, Are Free of Viruses or Other Harmful Components. Nevertheless, We Will Make Commercially Reasonable Efforts to Maintain the Site Free of Viruses, Worms, Trojan Horses, and Activex Malicious Code.
9. Limitation of Liability. You Assume Full Responsibility and Risk of Loss Resulting from Your Use of this Site and Any Information on this Site. Under No Circumstances Shall We or Any of Our Employees, Agents, Beneficiaries, Assigns or Representatives Be Liable for Any Indirect, Punitive, Special or Consequential Damages Even If We or Any of Our Employees or Representatives Have Been Advised of the Possibility of Such Damages. Our Total Liability in Any Event Is Limited to the Amount, If Any, Actually Paid by You for Any Defective Albums And/or Downloads and You Hereby Release Us and Our Employees, Agents, Beneficiaries, Assignees and Representatives from Any and All Obligations, Liabilities and Claims in Excess of this Limitation.
10. Links to Other Websites.
This website may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute our endorsement by any third-party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
You hereby agree to indemnify, defend and hold us, our employees, representatives, agents, affiliates, directors, officers, managers, beneficiaries, and shareholders harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. If you have to indemnify us under this Section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any matter or Claim without our express written permission.
12. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately.
You may not assign any of your rights hereunder.
14. Compliance With Law.
In using www.lynstanley.com you agree you will comply with all applicable laws.
15. Arbitration, Jurisdiction, Remedies, and Law.
This Agreement will be governed by the laws of the State of California.. The Parties hereby waive any and all rights and benefits which it may otherwise have or be entitled to under the law and to litigate any such dispute in court, it being the intention of both parties to arbitrate, according to the provisions hereof, all such disputes. Either party may commence arbitration proceedings by giving the other written notice and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association (hereinafter referred to as "AAA"). The AAA arbitration shall be conducted in Irvine, California and shall be governed by and subject to the laws of the State of California and the then prevailing rules of the American Arbitration Association. The AAA arbitration shall employ a single mutually approved arbitrator who may order discovery. The AAA arbitrator’s award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. This clause shall not apply where specific performance claims and injunctive relief are concerned, in said case, Stanley may file with the court of competent jurisdiction.
16. Injunctive Relief.
If there is a failure or omission by the website constituting a breach of its obligations under this Agreement you specifically recognize and agree that the damage caused to you by such breach is not irreparable or sufficient to entitle you to injunctive or other equitable relief, you therefore agree that your rights and remedies hereunder shall be limited to the right, if any, to obtain damages at law. Consequently, you shall have no right in such event to injunctive relief or to rescind this Agreement or any of the rights granted or assigned to the website hereunder.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) email. Notice may be sent to : If you give notice to use, you must use the following addresses: P.O. Box 73696, San Clemente, CA 91673 or email@example.com. We will use the contact information provided by you. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after mailing, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by email, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
18. Force Majeure.
We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
No amendment or other change of this Agreement shall be effective unless and until set forth in writing and agreed to on behalf of the parties except as otherwise provided in Clause 4 above.
23. Entire Agreement.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right.