Privacy Policy

Terms and Conditions of Use

Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Dave Simon, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, “User” or “Users” means any third party that accesses the Website and is not either (i) employed by Dave Simon and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Dave Simon and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

1. All Content included on the Website, unless uploaded by Users, is the property of Dave Simon, our affiliates, or other relevant third parties. “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
   a. retrieve, display, and view the Content on a computer screen
   b. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
   c. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Dave Simon.
4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute, or otherwise publish through the Website any Content that:
   (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable;
   (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law;
   (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Dave Simon for all claims resulting from Content you supply.

Prohibited Use
6. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order
c. making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner

Links to Other Websites
7. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Dave Simon or that of our affiliates.
8. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
9. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy
10. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please visit: https://davesimonsmusic.com/privacy-policy

Availability of the Website and Disclaimers
11. Any online facilities, tools, services, or information that Dave Simon makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.
12. While Dave Simon uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard, and all Users take responsibility for their own security.
13. Dave Simon accepts no liability for any disruption or non-availability of the Website.
14. Dave Simon reserves the right to alter, suspend, or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available.

Limitation of Liability
15. Nothing in these terms and conditions will:
a. limit or exclude our or your liability for death or personal injury resulting from our or your negligence
b. limit or exclude our or your liability for fraud or fraudulent misrepresentation
c. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law

16. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
17. To the maximum extent permitted by law, Dave Simon accepts no liability for:
    a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities
    b. loss or corruption of any data, database, or software
    c. any special, indirect, or consequential loss or damage

General
18. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
19. These terms and conditions may be varied by us from time to time.
20. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.
22. If any provision is found invalid or unenforceable, it will be deleted without affecting the remaining terms.
23. No delay or omission by a party in exercising any right or remedy will be deemed a waiver.
24. This Agreement shall be governed by and interpreted according to the laws of England and Wales. All disputes shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Dave Simon Contact Details
25. Dave Simon of 14356 Cedar Rd #110 Cleveland, OH 44121 operates the Website https://davesimonsmusic.com.
You can contact Dave Simon by email at: dave@davesimonsmusic.com

Attribution
26. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

SMS Messaging
We do not share your mobile number with third parties.
By providing your phone number, you agree to receive recurring promotional text messages from Dave Simon Music. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP.