Terms of service
Overview
This website is operated by Chiron Records LLC. Throughout the site, the terms ,”site”,”Kimera”, "Kimera Morrell," “we”, “us” and “our” refer to Chiron Records LLC. Chiron Records LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting and/or using our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The site is intended for users who are at least 16 years of age. All users who are minor in the jurisdiction in which they reside (generally under the age of 18) must have permission of, and be directly supervised by, their parent or legal gaurdian, to use the Site. If you are a minor, you must have your parent of guardian read and agree to these Terms using the Site.
General Terms
By agreeing to these Terms of Service, you represent that:
-You are not under the age of 16.
-You are not a minor in the jurisdiction in which you reside, or if a minor, you must have received parental permission to use the Site.
-You have the legal capacity and you agree to comply with these Terms of Use.
You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We are a service provider and make no representations as to the safety, effectiveness, accuracy, or legality of any of the information contained on the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied up and you agree to hold us harmless from any errors, omissions, or misrepresentations contain within the Site’s content.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Chiron Records LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Chiron Records LLC, Kimera Morrell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Buying Vocals
When you purchase vocal tracks, it will be under the conditions and limitations of the license terms stipulated by Kimera Morrell. These terms will be presented prior to completing the purchase of a vocal track. If you do not agree to those license terms, you must not purchase that vocal track. Any exploitation by a purchaser which is outside of the vocalist’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.
Refunds
There are no refunds on digital downloads at all once you have made your purchase and received the product.
For custom vocals or consulting, refunds are only available prior to the work being started or before the consulting call is scheduled if you need to change your mind. Once work has begun on custom songs, there are no refunds. We understand that music is subjective and if you are not satisfied with the song you may want a refund, but the time, resources, and effort that go into these songs is very great. Please see the revisions policy or speak with Kimera if you need further assistance.
All Vocal Download Sales are Final. They cannot be "returned" and they cannot be "deleted" for a refund.
We aim to deliver the best quality vocals that we possibly can, and our customer service philosophy is no different. We're 100% committed to doing what we can to make things right when things go wrong.
Your Account
By using the Site you represent that all registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary.
Links to Third Party Sites/Third Party Services
KimeraMorrell.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kimera and Kimera is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kimera is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kimera of the site or any association with its operators.
Certain services made available via kimeramorrell.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the kimeramorrell.com domain, you hereby acknowledge and consent that Kimera may share such information and data with any third party with whom Kimera has a contractual relationship to provide the requested product, service or functionality on behalf of kimeramorrell.com users and customers.
Use of Communication Services
The Site contains messaging functionality and/or other message or communication facilities designed to enable you to communicate with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Chiron Records LLC has no obligation to monitor the Communication Services. However, Chiron Records LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Chiron Records LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Chiron Records LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Chiron Records LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Chiron Records LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Chiron Records LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Chiron Records LLC spokespersons, and their views do not necessarily reflect those of Chiron Records LLC.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
International Users
The Service is controlled, operated and administered by Chiron Records LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Chiron Records LLC content accessed through kimeramorrell.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Terminiation
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
/[If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of S'{[-'-ervice, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of CA, United States.
Forum
We’re based in California, USA, so any legal action against Chiron Records LLC related to our Services must be filed and take place in California.
Contact Information
Questions about the Terms of Service should be sent to us at [email protected]
