The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Windborne Music and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Accessing the Platform, Site Security and Data Storage
We reserve the right to withdraw or amend the Platform, this website, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to you.
You agree and acknowledge that you are responsible for both:
Making all arrangements necessary for you to have access to the Platform.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or other device so that others are not able to view or record your password or other personal information.
Windborne Music utilizes 128-bit encryption on the Platform
to protect your login and credit card information and Windborne Music does not store your secure information on our servers.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Windborne Music, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:
Your computer or other device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Company name, the terms Windborne Music, the Windborne Music logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Windborne Music or its affiliates or licensors. You must not use such marks without the prior written permission of the Windborne Music. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Windborne Music, an Windborne Music employee, another user, or any other person or entity including, without limitation, by using email addresses or user names associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Windborne Music or users of the Platform, or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, blogs and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Windborne Music, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement
Windborne Music has the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party, in compliance with applicable laws, who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS WINDBORNE MUSIC, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, MEMBERS, LICENSORS AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WINDBORNE MUSIC AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WINDBORNE MUSIC AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be intended or likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Windborne Music takes claims of copyright infringement seriously, and it is Windborne Music’s policy to terminate the user accounts of repeat infringers. Windborne Music will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature or that of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
PO Box 10166
Virginia Beach, VA 23450
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The Platform includes or may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Windborne Music, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Windborne Music. Windborne Music is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
Windborne Music may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions, Compliance With Laws
Windborne Music is based in the State of Virginia in the United States. We provide the Platform for use only by persons located in the United States. We make no claim or representation that the Platform or any of its content or any of the products and services available through the Platform are accessible, appropriate, in compliance with laws or regulations or legal for use outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform and/or purchase products or services from us or through third parties available or linked to this site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or content available in connection with the Platform is void where prohibited.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WINDBORNE MUSIC NOR ANY PERSON ASSOCIATED WITH WINDBORNE MUSIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WINDBORNE MUSIC NOR ANYONE ASSOCIATED WITH WINDBORNE MUSIC REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, FREE OF DEFECTS OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL SATISFY YOUR OPERATIONAL REQUIREMENTS OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WINDBORNE MUSIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
USE OF OR CONNECTION TO THE INTERNET OFFERS UNAUTHORIZED THIRD PARTIES THE CHANCE TO ELUDE SECURITY SAFEGUARDS AND ILLEGALLY GAIN ACCESS TO THE PLATFORM AND USER DATA. WINDBORNE MUSIC CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IF ANY SECURITY BREACH IS SUSPECTED, WINDBORNE MUSIC, IN ORDER TO PROTECT THE PLATFORM AND USER’S DATA, RESERVES THE RIGHT TO, AND MAY, SUSPEND USER’S USE OF THE PLATFORM AT ANY TIME, WITHOUT PRIOR NOTICE TO ANYONE, PENDING AN INVESTIGATION.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE AGGREGATE LIABILITY OF WINDBORNE MUSIC, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, MEMBERS, LICENSORS AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, SUCCESSORS AND ASSIGNS TO ANY PARTY FOR DAMAGES FROM ANY CAUSE OF ACTION (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO WINDBORNE MUSIC FOR THE PLATFORM SUBSCRIPTION FEE(S) OVER THE LAST MONTH OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Upon termination, your ability and right to use the Platform ceases immediately, and you agree and acknowledge Windborne Music may immediately deactivate or delete your account and/or prohibit any further access to the Platform or your data stored in connection with the Platform. Windborne Music shall not be liable to you (or any third party) for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid fees shall survive any termination.
Governing Law and Jurisdiction And Limitation on Time to File A Claim
Electronic Communications and Notices
When you use the Platform, or send email and other communications from your computer, mobile device or other device to Windborne Music, you may be communicating with Windborne Music electronically. You hereby consent to receive communications from Windborne Music electronically, such as e-mails, texts or notices/messages on the Platform. You can and should retain copies of said communications for your records. You hereby agree that all agreements, notices, disclosures, and/or other communications that Windborne Music provides to you electronically satisfy any legal requirement that such communications be in writing.
Notices sent by conventional mail shall be sent by overnight, registered or certified mail, return receipt requested, and the day of mailing of any such notice shall be deemed the date of the giving thereof (except notices of change of address, the date of which shall be the date of receipt by the receiving Party). Notice sent via email shall be deemed delivered on the delivery date if transmitted by electronically confirmed email.
Waiver and Severability
Your Comments and Concerns