By using GT Relentless, LLC’s (“GT Relentless,” “We,” “Us”) ghosttunes.com web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms”). We reserve the right to change the Terms by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms at the start of each use of the Site. If you do not agree to the Terms, you may not use the Site.
License and User Conduct
GT Relentless grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of GT Relentless. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GT Relentless. Any unauthorized use of the Site shall automatically terminate the license granted to you by GT Relentless for such use.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that GT Relentless may terminate your use of the Site in GT Relentless’ sole discretion for any reason. To use the Site, GT Relentless provides you with a username and password (your “GhostTunes Account”) during the registration process. Only you may use your GhostTunes Account. You agree to keep the login credentials for your GhostTunes Account confidential at all times and not authorize any third party to access or use the Site on your behalf. You are responsible for all activity that takes place within your GhostTunes Account. At any time, GT Relentless, in its sole discretion, may disable or delete any GhostTunes Account for any reason.
If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. GT Relentless reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by GT Relentless or are used with permission. All products, services, artist names and company names mentioned herein are the trademarks of their respective owners. If you submit comments, suggestions, ideas or other communications to GT Relentless (“Submissions”), your submission shall constitute an unrestricted worldwide license for GT Relentless to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
DMCA Takedown Requests
GT Relentless respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible via the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, such as the URL of the website where it is posted.
- Identification of the URL or other specific location on this site where the material that you claim is infringing is located (you must include enough information to allow us to locate the material). Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site can be reached through the address provided below in these Terms or at firstname.lastname@example.org.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. GT Relentless does not endorse, and GT Relentless is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. GT Relentless is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that GT Relentless shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. GT Relentless shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Correction of Errors and Inaccuracies; Limitations on Quantity; Risk of Loss; Return Policy
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. GT Relentless therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. GT Relentless also reserves the right to limit quantities (including after you have submitted your order). GT Relentless apologizes for any inconvenience this may cause you. The risk of loss and title to items purchased from GT Relentless pass to you upon GT Relentless’ delivery to the carrier.
Pricing Policy and Payment Terms
While GT Relentless strives to provide accurate product and pricing information, pricing or typographical errors may occur. GT Relentless cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, GT Relentless shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, GT Relentless may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. By placing an order on the Site, you authorize GT Relentless or its third party billing partner to collect payment from your credit card for all charges you incur. All sales or products are final.
On occasion, technical problems may delay or prevent delivery of products you purchase through the Site. You acknowledge that You understand that technological components in the delivery process such as Internet or wireless connectivity, Your hardware, Your software, the functionality of Your ISP or other Internet service providers and other components controlled by third parties, are not supervised or controlled by GT Relentless; any adverse effect such components may have on the functionality or success of the delivery of products your purchase through the Site is not GT Relentless’ responsibility. Your exclusive and sole remedy with respect to such purchased products that are not delivered within a reasonable period will be either replacement of such purchased products, or refund of the purchase price paid for such products, as determined by GT Relentless in its sole discretion.
The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site's listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on GT Relentless’ hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (4) engaging in or promoting any illegal activities; and (5) engaging in any activity that markets another business or attracts GT Relentless customers to a third party.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GT RELENTLESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND GT RELENTLESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
GT RELENTLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER GT RELENTLESS, NOR ANY OF GT RELENTLESS’ EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “GT RELENTLESS ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF GT RELENTLESS OR AN GT RELENTLESS ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH GT RELENTLESS IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT GT RELENTLESS’ LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GT RELENTLESS IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY GT RELENTLESS FROM ITS OFFICES WITHIN THE UNITED STATES. GT RELENTLESS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND GT RELENTLESS ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GT RELENTLESS AND THE GT RELENTLESS ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN GT RELENTLESS AND YOU.
You agree to defend, indemnify, and hold GT Relentless and all GT Relentless associates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Where required, GT Relentless may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to GT Relentless by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with GT Relentless, please e-mail or write to:
49 Music Square West, Suite 301
Nashville, TN 37203
GT Relentless welcomes your questions and comments.
The laws of the State of Tennessee shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Davidson County, Tennessee for any action arising out of these Terms. GT Relentless may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Site is for your personal and non-commercial use.
GT Relentless shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and GT Relentless regarding your relationship with GT Relentless and your use of the Site. These Terms supersede all previous written or oral agreements between you and GT Relentless with respect to such subject matter. Notwithstanding any provision of these Terms, GT Relentless has available all remedies at law or equity to enforce these Terms.