Terms of Use
These Terms of Use were last updated on December 5, 2021.
These Terms of Use constitute a legally binding agreement between you and FarForeverSky LLC (we/us) concerning your access to, and use of, the website located at https://farforeversky.com (the ‘site’) as well as any related products and services provided by the site and FarForever Sky LLC.
By accessing https://farforeversky.com, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing this website or using any other services provided by FarForever Sky LLC and must terminate use of the site immediately.
We, FarForever Sky LLC, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Use will take effect immediately upon the date of their publication.
The site provides the following products and services:
We provide music tracks to accompany poems. We provide music tracks for films, videos, commercials, concerts, dance, and other applications. We provide narration and voice overs for poets and other creatives as well as for radio, television, video, internet, film, audio books, meditations, and other similar uses. We provide audio editing. We sell audio files of poetry and music. By accessing the site and/or using our products or services you acknowledge you have read, understand, and agree to be bound by these Terms of Use.
Our Privacy Policy, https://farforeversky.com/privacy-policy/, Cookie Policy, https://farforeversky.com/cookie-policy/, Acceptable Use Policy, https://farforeversky.com/acceptable-use/ and Store Policy https://farforeversky.com/shop-policy/are expressly incorporated herein by reference.
The content, products, information, and services contained on the site are not intended for distribution or use where such distribution or use is contrary to law or regulation or where registration is required.
The site is intended for users 18 years of age and older. Anyone less than 18 years old must obtain custodial consent before using the site, purchasing products, or contracting for services.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and/or software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or “mirror” the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service FarForever Sky LLC provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of FarForeverSky LLC or any third parties.
Intellectual Property
All intellectual property whatsoever in the materials and services contained in this website are owned by or licensed to FarForever Sky LLC and are protected by applicable copyright and trademark law. Provided you are eligible to access and use the site, when you purchase products from the site we grant you permission to download one copy thereof for personal, non-commercial use only as set forth below under Rights Granted Upon Purchase or Download.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use.
Rights Granted Upon Purchase or Download
When you purchase and/or download any mp3 or other audio file from our Store, or otherwise purchase or download any mp3 or other audio file from this site, you are granted a non-exclusive, non-transferable right to use those files for your personal, non-commercial use only.
You may not commercially exploit such mp3 or other audio files in any way by any means now or hereafter known, and we expressly retain all copyright and all other rights whatsoever in and to those files and to the music, poetry and other content embodied therein. The redistribution, assignment, transfer, transmission, sale, broadcast, editing, licensing, modification, and/or adaption of these audio files and/or the content therein in any way for any purpose whatsoever, is strictly prohibited. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for any mp3s or other audio files.
Restrictions on Copying
No part of the site or its contents may be copied, posted, transmitted, altered, reproduced, aggregated, displayed, or otherwise exploited for any commercial purpose without the express written consent of FarForeverSky LLC.
Restrictions on Access and Alteration
You are prohibited from attempting to gain unauthorized access to the site or its network or servers, or to make, for any purpose whatsoever, modifications of any kind to our site or to our content, including modifications to digital copies of content you may have downloaded with the exception of unique Poemtracks containing bespoke music tracks as defined on the Services Page https://farforeversky.com/services/ and exclusively licensed to you.
Reasonable Standard of Care
We shall employ a reasonable standard of care creating the site and will employ industry standard virus detection software to try to block the uploading of virus contaminated content. However, we cannot guarantee that the site, its products, and services will be free of viruses and other similar contaminants.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. However, this paragraph expressly does not apply to any copyright content you upload, post, share or otherwise transmit to use for the purpose of availing yourself of any of our services, for example, when you engage with us to provide music and/or a recording of a poem, story, letter, commercial or any other copyright work you share with us so that we may provide services you’ve contracted for. Content transmitted to us for such purposes shall only be used in ways consistent with fulfilling those services and no license of any other kind is granted to us from you.
The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
Liability
Our website and the materials, products and services on our website are provided on an ‘as is’ basis. You acknowledge that you use the site, its products, and services at your own risk. To the fullest extent permitted by applicable law, FarForever Sky LLC makes no warranties whatsoever of any kind, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or any other violation of rights.
We are not liable for any errors or omissions in content, unauthorized access to or use of our servers, and/or any personal information and/or financial information we may store, any interruption or transmission to or from our site, and, any bug, viruses, trojan horses etc. which may be transmitted to or through the site by third parties.
We neither exclude not limit our liability to you where that would be unlawful, but we will only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use.
With the exception of product purchases and contracting for our services, visitors to farforeversky.com are strictly limited to the non-commercial use of our site only. You agree not to use farforeversky.com for commercial purposes.
We are not liable to you for any loss of profit, business, or business opportunity or interruption, indirect or consequential loss or damage, goodwill or damage to reputation related in any way to your use of our site.
Notwithstanding anything to the contrary contained herein, our liability for any cause or cause of action will, at all times, be limited to actual damages suffered and shall not, in any case, total more than the amount you’ve paid us for the products and/or services giving rise to your cause of action.
In no event shall FarForever Sky LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if FarForever Sky LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. However, to the extent such limitations on implied warranties, and limitations of liability for consequential or incidental damages are allowed, they will be enforced.
Indemnification
You agree to indemnify, defend, and hold harmless the site, FarForeverSky LLC, and its officers and agents from any claims and liability whatsoever to any third parties that arises from your use of the site or its products or services.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. FarForever Sky LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
FarForever Sky LLC has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by FarForever Sky LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Electronic Communications
When communicating with farforeversky.com and FarForeverSky LLC, you will be using electronic forms of communication. Such forms include, but are not limited to, emails, agreements, notices, and disclosures. By using the site, you agree to receive such communications and that such communications satisfy any legal requirements that such communications be in writing.
You further agree to the use of electronic signatures, contracts, orders, and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by FarForeverSky LLC or via the site. You waive all rights or requirements pursuant to laws, statutes, or similar regulations requiring an original signature or delivery, or to payments by other than electronic means.
Right to Terminate
We may suspend or terminate your right to use our website and services and terminate these Terms of Use at our sole discretion without notice or liability immediately upon written notice to you for any breach whatsoever of these Terms of Use or of any applicable law or regulation. Further, we may delete at our sole discretion any content you may have posted.
In addition to terminating your use of the site pursuant to your breach of these Terms of Use, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive remedies.
Severability
Any part or parts of these Terms of Use which are wholly or partially void or unenforceable are severed to the extent that they are void or unenforceable and the remainder of these Terms of Use shall be enforced as if they did not contain the invalid, illegal, or unenforceable provisions.
Failure to Enforce
Any failure to exercise or enforce any of our rights herein shall not constitute a waiver of those rights.
Entire Agreement
This Terms of Use document, and the policies incorporated by reference herein, constitute the entire agreement between us, with the exception of terms supplemented or modified as required by contracts between us for specific services we agree to provide you, such as those listed on the “Services” page of our website.
Relationship of Parties
No joint venture, fiduciary relationship, employment relationship, agency, or partnership is created between us by these Terms of Use or your use of the site.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Michigan. In the event of any legal dispute between us, you irrevocably submit to the exclusive jurisdiction of Michigan courts.
Information and Complaint Resolution
To resolve a complaint or receive further information regarding these Terms of Use, please contact us at fa***********@gm***.com.