MICHAEL MARTIN MURPHEY
Effective Date: September 7, 2019
- COVENANT TO READ AGREEMENT
User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
- COMPANY’S CONTROL OVER WEBSITE
- The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
- The Company reserves the right at all times to disclose any information (including information about the Users) as necessary to satisfy any law, regolation or government request.
- The Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
- The Company may also impose limits on certain features and services or restrict User’s access to parts or the entire Website without notice or liability.
- INTELLECTUAL PROPERTY RIGHTS
- The Website is protected by the intellectual property laws of the United States of America, including trademark and copyright laws and international conventions. The Website and its Contents are owned or licensed by Company. Any trademarks, logos, slogans, and/or other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition. “Michael Martin Murphey,” “WestFest,” “American WestFest,” “Cowboy Christmas Ball,” “Cowboy Christmas,” “Cowboy Christmas Concert,” and “Michael Martin Murphey’s West Fest” are all federally registered trademarks that are owned solely and exclusively by Michael Martin Murphey, an individual. Company’s commercial use of such trademarks on this Website have been expressly authorized and licensed by Mr. Murphey. User represents and agrees not to make any commercial or infringing uses of such trademark without the prior written and express permission of Michael Martin Murphey.
- All materials contained within the Website (the “Content”), including but not limited to all photography and video content, are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all intellectual property notices, including copyright notices, information, or restrictions contained in any Content on the Website.
- User MAY NOT download and make copies of the Content and other downloadable items displayed on the Website for any use. Copying or storing of any Content is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content’s copyright notice.
- PRIVACY AND DISCLAIMERS
- USER’S COVENANTS
By accessing and using the Website, User represents warrants and covenants that:
- User is at least eighteen (18) years of age;
- User shall not upload post or transmit to or distribute or otherwise publish through the Website, including but not limited to, any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawfol, threatening, harassing, abusive, libelous, defamatory, obscene, volgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that woold constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmfol components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (vi) contain any information, software or other material of a commercial nature, (vii) Contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements.
- User shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User shall not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail, known as “Spamming”).
- User shall not disclose to or share User’s Member or Account number or password with any third parties or use the password for any unauthorized purposes.
- User shall not link to the Website in any manner that woold bypass the Website’s home page. User shall not “frame” the Website or any portion thereof.
- USER’S ACKNOWLEDGMENTS
- User acknowledges that transmissions to and from this Website are not confidential and any of User’s communications may be read or intercepted by others.
- User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User’s own risk.
- User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the resolt of the purchase of products/services from within it.
- The Website may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party resources, or their contents. Company has no control, input or influence over how any third-party website is operated.
- The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
- No third-party user content shall be permitted on the Website and the Company is not responsible nor liable for any user content.
- The Company disclaims any and all responsibility for content contained in any third-party materials provided through links on the Website.
- The Company shall not be liable for any problems caused by User supplying faolty information (such as the wrong email address or wrong delivery address) or due to User’s failure to make any particular specification with regard to a delivery address.
- No statements made in these terms or on this Web Site shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.
- Every effort is made by the Company to ensure that the Website is correct. In the event of any errors on the Website, the Company will endeavor to address and correct same as quickly as possible from the time of being made aware of the situation.
- PURCHASE OF PRODUCTS THROUGH THE WEBSITE
- How to Order Products and Services. Users (a.k.a. “Customers’) may purchase and order products on the Website by placing the desired product(s) in the virtual shopping cart and proceeding to checkout. Prior to placing an order, the User shoold make sure that the email address that the User has provided is correct and in foll working order. Once payment has been processed, the Website will also automatically generate an Order Confirmation page with the Order Number (if any). The Company will confirm acceptance of any order by email to the email address supplied by the User. The sending of this email, whether or not the same is received by the User, is confirmation of the details of the order and of the contract between the User and the Company for the purchase of the product or service. The Company recommends that the User print and save a copy of the Order Confirmation page for future reference.
- Customer Service. Every effort is made by the Company to ensure that orders placed through the Website are handled correctly. In the case of errors, Company will endeavor to remedy, replace, or refund goods as quickly as possible from the time of being made aware of the situation.
- Limitation of Liability. The Customer’s sole remedy in any action at law against the Company related to the purchase and/or use of any goods or services offered through the Website, whether offered by the Company or a third party, is limited only to the recovery of the original purchase price.
- Shipment & Delivery of Ordered Goods. The Company wants to deliver Customers’ purchased goods from the Website as soon as possible!
All tangible products sold on the Website will be shipped to Customer’s shipping address within seven (7) business days. The Company will send the Customer an email confirming the shipment date and the tracking number for the applicable order within seven (7) business days of the tangible product’s shipment. All tangible products sold on the Website are shipped from the United States of America. Customer acknowledges and accepts that the delivery of any international orders, shipped outside the United States of America, may be further delayed, anywhere from six (6) weeks to four (4) months, by a foreign country’s boarder and customs department.
- Return, Refund, and Exchange Policies.
- ALL REFUNDS AND EXCHANGES WILL BE ISSUED ON A CASE BY CASE BASIS. Refunds and exchanges are only available for tangible products that have been returned to the Company or services that have not been rendered by the Company. Customers have up to thirty (30) days after the purchase and delivery of the applicable product or service to request a refund or exchange from Company. Customers must return the purchased product to Company before a refund or exchange will be considered. Customers are responsible for all shipping and handing costs to return the product to Company.
- Intangible products such as digital downloads may not be returned. Tangible products can be returned to the Company for a refund or exchange if the tangible product is damaged upon Customer’s receipt, or, in the case of a CD/DVD/Vinyl record purchase, such physical recordings does not function or play properly. However, no refunds or returns will be issued or accepted for personalized, autographed products, which are sold “as is.”
- Once a purchased product has been returned to the Company, the Company will determine if a refund or exchange will be issued. Any refund or exchange will occur within five (5) business days of Company’s receipt of the returned product. All refunds will be credited solely to the payment method used in the original transaction.
- DISCLAIMER OF WARRANTY
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD-PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD-PARTY RESOURCES, OR THEIR CONTENTS.
To the extent permitted by applicable law, User agrees to indemnify and hold harmless, and upon Company’s request, defend, Company, its directors, officers, employees, independent contractors and agents (each a “Company Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorney’s fees and court costs (collectively, “Losses”), incurred by a Company Indemnified Party and arising from or related to any of the following: (i) the User’s breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that the User has violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that the User provided to the Company under this Agreement; or (iii) the User’s use of the Company’s Website or services.
- DISPUTE RESOLUTION AND CHOICE OF LAW
This Agreement shall be governed by the procedural and substantive laws of the United States and the State of Texas, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Roles of the American Arbitration Association. The place of any mediation or arbitration shall be Dallas, Texas. The prevailing party in any arbitration shall be entitled to reasonable attorney’s fees and expenses.
- EQUITABLE RELIEF
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which coold give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company’s rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
- UNENFORCABILITY OF PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in foll force and effect.
- CONTACTING COMPANY.
- DOCUMENTS COMPRISING THE AGREEMENT
- NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE “DIGITAL MILLENNIUM COPYRIGHT ACT” (DMCA)
The Company does not permit Users to upload photographs, video or other content to the Website and the Company does not tolerate copyright infringing activities on the Website. However, if a person or entity is a copyright owner or an agent for such owner and believe that any Content on the Website infringes upon such person or entity’s copyright, such person or entity may notify the Company by providing the following information in writing (sent to the address set forth below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit the Company to locate the same;
- Information reasonably sufficient to permit the Company to contact the person or entity reporting the claim, including an address, telephone number, and an email address;
- A statement that the person or entity reporting the claim has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the person or entity reporting the claim is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
The Company’s agent for notice of claims of copyright infringement can be reached as follows:
Wildfire Productions, Inc.
General Counsel's Office
c/o LanCarte Law, PLLC
2817 West End Ave., Suite 126-276
Nashville, TN 37203
If the person or entity reporting the claim fails to comply with all of the requirements above, such notice may not be valid.