Terms and Conditions

Last updated: August 31, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.johnburland.net Website, operated by Ovation Music Services (“us”, “we”, or “our”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms.

These Terms apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Website.

Communications

By creating an Account on our Website, you have the option to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt-out of receiving any, or all of these communications from us by following the unsubscribe link or instructions provided in any email we send. You will still receive transactional emails when using our Website to purchase products.

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Website may employ the use of third-party services for the purpose of facilitating supply and/or payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Sale of Digital

Files All sales transacted via the Website are done so on a firm sale basis.

Owing to copyright restrictions and laws, no refunds will be issued after payment and delivery of digital files.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website. The information found on the Website may contain errors and may not be complete or current. Although every effort is made to provide accurate information, we cannot guarantee the accuracy or completeness of any information found on the Website.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, with our Website. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Termination

We may terminate or suspend your account without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate use of your account, you may simply discontinue using the Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Termination

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to ovationmusic@johnburland.net, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of Willow Publishing and its licensors.

Contests and Promotions

Any contests or promotions made available through the Website may be governed by rules that are separate from these Terms Conditions. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms and Conditions, the promotion rules will apply.

Links to Other Web Sites

Our Website may contain links to third-party websites or services that are not owned or controlled by Willow Publishing. Willow Publishing has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Willow Publishing 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 or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Ovation Music Services and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Website.

Limitation of Liability

In no event shall Ovation Music Services., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Communications

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Ovation Music Services, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components, or d) the results of using the Website will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Website.

Contact Us If you have any questions about these Terms, please contact us at ovationmusic@johnburland.net