These terms and conditions apply to any transaction that occurs on or through the GarthBrooks.com site.
Parties. GarthBrooks.com is operated by Idea Den, LLC on behalf of G.COM, LLC. Throughout this document, we use the pronouns 'us', 'we', 'our' and other similar pronouns to refer to or reference Idea Den, LLC and G.COM, LLC.
Copyright, Trademarks. The content, music, layout, design, graphics, digital conversion and other matters related to GarthBrooks.com and Garth Brooks are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the site. The posting of materials the site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the site are the trademarks and servicemarks of their respective owners. Specifically, the names Garth Brooks, Garth and the "Circle G" logo are registered servicemarks and trademarks.
Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit, modify, add to, or delete any documents, information, or other content appearing on the site.
Indemnification. You agree to indemnify and hold us and our employees, agents, artists, directors, attorneys, staff, and affiliates (including, but not limited to G.Com, LLC, Idea Den, LLC, Blue Rose, Inc., Pearl Records, Inc.) harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of any term or any condition of this Agreement or your use of GarthBrooks.com.
Nontransferable. Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer. THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. You acknowledge and agree that use of the internet or any site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances including negligence will be equal to the purchase price you pay for any goods or services.
Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links To Other Web Sites. The site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on site does not imply approval or endorsement of the linked web site by us. If you decide to leave the site and access these third party sites, you do so at your own risk.
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content. You have the right to cancel Your Account at any time. You may cancel Your Account by following the instructions on GarthBrooks.com.
Fees That You May Pay. Some of the services of GarthBrooks.com might require you to pay a fee, the details of which are available in various areas of GarthBrooks.com that allow you to purchase products, features or services. If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information. We may revise the pricing for products, services or features offered at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees, or products or services provided by, us. Your Account may be closed and Your User Information may be disabled without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMAITON, INCLUDING ANY UNAUTHROIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting on GarthBrooks.com.
Submissions. We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, we cannot accept or consider creative ideas, suggestions, or materials other than those that are specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, songs, musical pieces, photographs or any original artwork.
From time to time certain features of GarthBrooks.com may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites ("Your Content"). Do not post, upload, transmit or submit to GarthBrooks.com any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to GarthBrooks.com a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that GarthBrooks.com may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iv) agree to indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of GarthBrooks.com, Your Content or its posting on, or submission to, GarthBrooks.com, and/or your violation of these terms and conditions. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from GarthBrooks.com at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted by you, or through our services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms or applicable law. We may also impose limits on certain features on GarthBrooks.com or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these terms or applicable law, or for any other reason, all without notice or liability. We will not be required to treat any of Your Content as confidential, and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use Your Content for any commercial or other purpose whatsoever, including posting other sites, without compensation or credit to you or any other person. We reserve the right to communicate with registered users at any time through e-mail.
Miscellaneous. This Agreement shall be treated as though it were executed and performed in the City of Nashville, Davidson County, Tennessee and shall be governed by and construed in accordance with the laws of the United States of America and the State of Tennessee (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Davidson County, Tennessee. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Procedure for Making and Responding to Claims of Copyright Infringement
It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Our Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party 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 complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Russell A. Jones, Jr.
49 Music Square West
Nashville, TN 37203
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, we shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by us, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to our Designated Agent that includes the following:
- A physical or electronic signature;
- 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;
- 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 and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If we receive a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that we have not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by New Rose, Inc., if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
You acknowledge and agree that you will refrain from the following:
a. Attempting to circumvent user authentication or security of any host, network or account. This includes but is not limited to accessing data that is not intended for the customer, or logging into a server or account the customer is not expressly permitted to access.
b. Attempting to force a denial of service of a host or network. This includes, but is not limited to email bombing, packet spoofing and ping flooding.
c. Performing any kind of network monitoring without explicit permission. This includes, but is not limited to probing the security of networks, or attempting to intercept data intended for another (i.e., packet sniffing).
Acceptable Use Policy
You shall at all times adhere to our policies contained herein, as amended from time to time and effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, we may immediately take corrective action, including disconnection or discontinuance of any and all services, or terminate this Agreement in the event of notice of possible violation by you of the Acceptable Use Policy. In the event we take corrective action due to a violation of the Acceptable Use Policy, we shall not refund to you any fees paid in advance of such corrective action. Connectivity is provided for you only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited.
Garthbrooks.com may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to Garthbrooks.com must comply with the rules appropriate for that other network and with Garthbrooks.com rules. Use of Garthbrooks.com itself may be for any lawful purpose.
Is it sometimes difficult to determine whether postings/emails are innocent, inadvertent or intentional. We reserve the right of judgment. You acknowledge and agree that you will refrain from the following:
Chain letters and ponzi schemes
Commercial postings of any kind
Excessive cross posting. Excessive cross posting occurs when a message (usually an advertisement) is posted to many unrelated newsgroups.
Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on user attitudes toward Garthbrooks.com, but also because it can overload the network and can disrupt service. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Garthbrooks.com has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. We are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of users who commit repeat violations of copyright laws.
Obscene Speech or Materials. Using the site to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.
Defamatory or Abusive Language. Using Garthbrooks.com as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of other users to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this Policy. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities. Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations, reputation, goodwill, or customer relations, including but not limited to:
- Impersonation of any person or entity or misrepresentation of your affiliation with any other person or entity, whether actual or fictitious, including anyone otherwise affiliated with us;
- Use of an inappropriate username or screen name;
- Insertion of your own or a third party's advertising, branding or other promotional content into any GarthBrooks.com content;
- Obtaining or attempting to gain unauthorized access to other computer systems, materials, information or any services available on or through Garth Brooks.com through any means, including through means not intentionally made publicly available or provided through GarthBrooks.com;
- Engaging in any automatic or unauthorized means of accessing, logging-in or registering on Garth Brooks.com, or obtaining lists of users or their information from or through GarthBrooks.com including, without limitation, any information residing on any server or database connected to GarthBrooks.com;
- Use of GarthBrooks.com or any of its features and services in any manner that could interrupt, damage, disable, overburden or impair GarthBrooks.com or interfere with any other party's use and enjoyment of GarthBrooks.com, including, without limitation, sending mass unsolicited messages or "flooding" servers;
- Use of GarthBrooks.com or any of it's services in violation of any applicable law;
- Attempting (or encouraging or supporting anyone else's attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with GarthBrooks.com
Internet Relay Chat & Online Chat Rooms
Use of IRC bots (Idle connections) on the site is prohibited. Flooding, cloning, spoofing, harassment or otherwise hindering the ability of others to use IRC properly is prohibited. Impersonating anyone other than yourself is prohibited. Any illegal activities are prohibited and may be reported to the proper authorities.
Enforcement and Violations
Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities. We will address violations of Internet etiquette as stated in this acceptable use policy, as may be amended from time to time, on a case-by-case basis.
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