PLEASE READ THESE TERMS & CONDITIONS OF USE BEFORE USING THIS SITE.
From time to time we may supplement these Terms with additional Terms relevant to specific content or events (“Additional Terms”). These Additional Terms may be placed on this site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
Current Additional Terms:
Tell Me How You Really Feel campaign
By submitting your message to this site for the Tell Me How You Really Feel campaign you agree for it to be used as part of Courtney Barnett’s marketing and advertising activity managed by Courtney Barnett, Marathon Artists, Mom+Pop, Milk! Records.
If you would like to opt out of this, please email email@example.com with your contact details and the message you have submitted.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Marathon Artists and Courtney Barnett (referred to as “Marathon Artists and Courtney Barnett” “we,” “us,” or “our” herein). No material from this website may be copied, reproduced, republished, amended, modified, revised, edited, changed, added to, deleted, uploaded, posted, transmitted, or distributed in any way, without our express written permission. You may download one copy of the materials displayed on the site for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Marathon Artists and Courtney Barnett’s copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to Marathon Artists and Courtney Barnett are to be kept intact.
In the event you download any material from the site, the material, including any software, files, images, graphics or text are licensed to you by Marathon Artists and Courtney Barnett. Marathon Artists and Courtney Barnett do not transfer title to such material to you. You own the medium on which the material is recorded, but Marathon Artists and Courtney Barnett retains full and complete title to the material at all times, and all intellectual property rights therein. You may not add, delete, distort, or otherwise modify the contents on the sites. Any unauthorised attempts to modify any Online Material, to defeat or circumvent our security features, or to utilise the site for anything other than its intended purpose is prohibited.
Any communication or material, which is transmitted by you to the site by electronic mail or otherwise, will be treated as non-confidential and non-proprietary. Accordingly, anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or events using such information.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These Terms will terminate immediately without notice from Marathon Artists and Courtney Barnett if in Marathon Artists and Courtney Barnett’s sole discretion you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under these Terms or otherwise.
From time to time we will make available to you links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. You also agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator and you hereby waive any claim you might have against us with respect to such sites. You agree that we are not liable in any way for and you agree to indemnify us in the manner referred to below in these Terms in relation to such dealings. Any arrangements made between you and any third party named on the site are at your sole risk and responsibility.
From time to time third parties may link to our site without our express consent or knowledge. Marathon Artists and Courtney Barnett is not responsible in any way for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to Marathon Artists and Courtney Barnett or our users please let us know.
LIMITATION OF LIABILITY
You expressly agree that your use of and browsing of the site are at your own risk. Neither Marathon Artists and Courtney Barnett nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Marathon Artists and Courtney Barnett has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Marathon Artists and Courtney Barnett total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
You agree to indemnify, keep indemnified, defend and hold Marathon Artists and Courtney Barnett and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the site or any breach by you of these Terms. Marathon Artists and Courtney Barnett reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the product and associated products, events and services of Marathon Artists and Courtney Barnett. This site is controlled and operated by Marathon Artists and Courtney Barnett from its offices within the UK. Marathon Artists and Courtney Barnett makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
In the event that any provision of these Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
If you have questions about these Terms and Conditions or have questions or comments regarding this website or our products please contact us at: firstname.lastname@example.org.
LAST UPDATED: 03rd May 2018