**EL CEIBO FOLKLORE - WEBSITE TERMS OF SERVICE/USE**
**Last Updated:** April 20, 2025
**1. Acceptance of Terms**
By accessing and using the El Ceibo Folklore website (the "Website"), you agree to be bound by these Terms of Service/Use (the "Terms"). If you do not agree to these Terms, please do not use the Website.
**2. Intellectual Property**
* **Our Content:** All text, graphics, user interfaces, visual interfaces, photographs (owned by the band), trademarks, logos (owned by the band), artwork, and computer code (collectively, "Our Content"), including the design, structure, selection, coordination, expression, "look and feel," and arrangement of Our Content, contained on the Website is owned, controlled, or licensed by or to El Ceibo Folklore, and is protected by copyright, trademark, and other intellectual property laws.
* **Master Recordings:** El Ceibo Folklore owns the master recordings of its musical performances available for sale on this Website. These recordings are protected by copyright.
* **Song Compositions:** Please note that El Ceibo Folklore does not own the copyrights to the underlying musical compositions and lyrics of the songs performed, which are owned by the respective songwriters and publishers. Your purchase of our master recordings grants you a license for personal, non-commercial use only, consistent with applicable copyright law.
* **Use of Our Content:** Except as expressly provided in these Terms, no part of the Website or Our Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including mirroring) to any other computer, server, website, or other medium for any commercial purpose or for distribution without El Ceibo Folklore’s express prior written consent.
**3. User Conduct**
You agree not to:
* Use the Website in any manner that violates any applicable federal, state, local, or international law or regulation.
* Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by El Ceibo Folklore, may harm El Ceibo Folklore or users of the Website or expose them to liability.
* Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
* Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website.
**4. Purchases of Music and Merchandise**
* **Pricing and Availability:** All prices for music and merchandise are listed in [Specify Currency] and are subject to change without notice. Availability of items is not guaranteed.
* **Payment Processing:** Payments for purchases made through the Website will be processed by third-party payment processors such as Stripe or PayPal. You agree to abide by the terms and conditions of these payment processors. El Ceibo Folklore is not responsible for the security or functionality of these third-party payment processors.
* **Shipping and Handling:** If applicable, shipping and handling charges will be clearly displayed during the checkout process.
* **Returns and Refunds:** Our policy on returns and refunds for music and merchandise is outlined on our [Link to your Returns/Refunds Policy Page, if you have one]. Please refer to that page for details.
* **License for Music:** Purchase of digital music files grants you a non-exclusive, non-transferable license for your personal, non-commercial listening purposes only. You may not copy, distribute, or otherwise exploit the files except for your own private use.
**5. Disclaimer of Warranties**
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EL CEIBO FOLKLORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. EL CEIBO FOLKLORE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
**6. Limitation of Liability**
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EL CEIBO FOLKLORE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE PURCHASE OF ANY MUSIC OR MERCHANDISE.
**7. Governing Law**
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
**8. Modifications to These Terms**
El Ceibo Folklore reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
**9. Contact Us**
If you have any questions about these Terms, please contact us at: [Your Band's Email Address]
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**Formatting Suggestions:**
* Use clear headings and subheadings to make the document easy to read and navigate.
* Use bold text for key terms and section titles.
* Consider using bullet points or numbered lists for clarity, as I have done.
* Provide a "Last Updated" date so users know if the terms have changed recently.
* Ensure the link to your Returns/Refunds Policy Page (if you have one) is clearly visible in Section 4.
**Next Steps:**
1. **Review Carefully:** Read through these terms thoroughly.
2. **Consult a Lawyer:** It is crucial to have these terms reviewed and potentially customized by a legal professional who understands your specific situation and the relevant laws in your jurisdiction.
3. **Create a Dedicated Page:** Create a separate page on your website for these Terms of Service/Use.
4. **Link in Footer:** Add a clear link to this page in your website footer.
This draft provides a starting point, but legal consultation is essential for comprehensive protection.
