John T. Walsh

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Privacy Policy

Welcome to JTW Music & Publishing LLC!

JTW Music & Publishing deeply values your privacy and the protection of your personal data. This privacy policy details the information we collect, the methods we use to obtain it, the purposes for which we use it, the process by which we obtain your consent, the period for which we retain it in our databases and, if necessary, with whom we share it.

In this privacy policy, the word “website” refers to the JTW Music & Publishing LLC website, “we”, “us”, “our” and “JTW Music & Publishing”, refers to JTW Music & Publishing LLC, and “you”, “visitor” and “user” refer to you, the visitor of the JTW Music & Publishing LLC website.

By using the website, you are accepting the practices described in this privacy policy. Your use of the website is also subject to our terms and conditions. This privacy policy may change from time to time. Your continued use of the website after we make changes to this privacy policy will be deemed acceptance of those changes, so please check this policy periodically for updates. 

This privacy policy has been developed and is maintained in accordance with all applicable national and international privacy and data protection laws and regulations.

Welcome to JTW Music & Publishing LLC!

1. GENERAL INFORMATION

The personal data of users that are collected and processed through:

Will be under the responsibility and in charge of:

  • JTW Music & Publishing LLC 
  • Email: welcome@johntwalsh.net

2. HOW WE OBTAIN YOUR CONSENT

By visiting the website and providing information through our contact information, you agree to our collection, storage and use of your information as set out in this privacy policy. You may withdraw your consent at any time by sending us your request through our contact information.

3. TYPES OF INFORMATION COLLECTED

The information we collect from our users helps us to continually improve the user experience on the website and provide our services appropriately. These are the types of information we collect:

Information you provide to us. You provide information when you visit the website and you provide information through our contact information. As a result of those actions, you may provide us with the following information:

  • First and last name
  • E-mail address
  • Any additional information related to you that you provide to us directly or indirectly through our website.

JTW Music & Publishing will not collect any personally identifiable information about you unless you provide it voluntarily.

Usage Data: As you browse our website, certain usage data is automatically collected. These include technical information such as the IP address of your device, the type and version of your browser, the specific pages you visit on our website, the date and time of your access, the amount of time you spend on those pages, and other diagnostically relevant data.

In the case of access via mobile devices, we also collect information specific to these devices. This may include, but is not limited to, the type of mobile device used, its unique identifier, the IP address of the device, the mobile operating system and the type of mobile browser, along with other identifiers and diagnostic data.

In addition, we collect information that your browser automatically provides each time you visit our website or access our website using a mobile device.

Social Media: On our website, we provide links to interact with various social media platforms, giving you the option to easily share information according to your preferences. While we encourage you to take advantage of these features, it is important to review the privacy and data protection policies of each social media platform you use. This will help you better understand how your personal information is managed and make informed decisions about its use.

Contact Information: We may access some personal information about the user, such as name and email address, when the user or any third party communicates with us through our contact information. Personal information provided through our contact information is not stored on any JTW Music & Publishing server and will be stored on the respective server of our email service.

4. HOW LONG WE KEEP YOUR DATA

Personal data provided by our users through our website will be retained for the time necessary to fulfil the legitimate purposes described in this policy in section 5 or until the user unsubscribes from our newsletter or requests the deletion of their data. JTW Music & Publishing may retain personal data for a longer period provided that the user has consented to such processing, as long as such consent is not withdrawn. In addition, JTW Music & Publishing may be obliged to retain personal data for a longer period provided that this is required for compliance with a legal obligation or by order of an authority. Once the retention period has expired, the personal data will be deleted. Therefore, the right of access, the right of deletion, the right of rectification and the right to data portability cannot be asserted after the retention period has expired. 

5. HOW WE USE YOUR INFORMATION (LEGITIMATE PURPOSES)

In general, we use the data we collect primarily to provide, maintain, protect and improve our website and to provide our services properly. We use the data collected through our website as described below:

  • Understand and improve your experience using our website.
  • Respond to your comments or questions through our contact information.
  • Send you relevant information about the website, such as music and special content.
  • Marketing purposes of JTW Music & Publishing.
  • Link or combine your information with other data we obtain from third parties to help us understand your needs and provide you with better service. 
  • Process and respond to requests related to users’ privacy rights.
  • Protect, investigate and deter fraudulent, unauthorized or illegal activities.

HOW WE SHARE INFORMATION

Information about our clients is an important part of our business, and we are not in the business of selling it to others. We share client information only as described below.

Third-Party Service Providers. We use third party services to perform certain functions on our website. Some of these functions and services include website hosting, email delivery, and data analysis.

These third-party services and tools may have access to personal information needed to perform their functions, but may not use that information for other purposes. Information shared with these third-party services will be treated and stored in accordance with their respective privacy policies and our privacy policy. 

Communications and Third-Party Providers: By providing your email address through our contact information, you consent to the use of your contact information to send you electronic communications, which may include offers about JTW Music & Publishing and special content related to our website. JTW Music & Publishing may send you emails with promotions, updates, and other relevant information. You will have the option to stop receiving these communications at any time by using the “unsubscribe” feature included in each email or by sending us a request through our contact info.

Business Transfers. In the event JTW Music & Publishing creates, merges with, or is acquired by another entity, your information will likely be transferred. JTW Music & Publishing will send you an email or post a prominent notice on our website before your information becomes subject to another privacy policy. 

Protection of JTW Music & Publishing and Others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and conditions and other agreements, or protect the rights, property, or safety of JTW Music & Publishing, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. 

Anonymous Information. JTW Music & Publishing uses anonymous browsing information collected automatically by our servers primarily to help us administer and improve the website. We may also use aggregated anonymous information to provide information about the website to potential business partners and other unaffiliated entities. This information is not personally identifiable.

7. DATA BREACH NOTIFICATIONS

In the event of a security breach that compromises the confidentiality of the personal data of our users, JTW Music & Publishing undertakes to notify those affected in a timely manner. This notification will be made through the means of contact that have been provided by the user on our website. We will take all reasonable measures to protect the information and remedy any situation that compromises the security of your data.  

8. INTERNATIONAL DATA TRANSFER

JTW Music & Publishing may transfer users’ personal data outside of their home country due to the use of hosting, storage and processing services provided by third parties operating servers located in different countries. These transfers are necessary to ensure the continued operation of the website. Although JTW Music & Publishing is based in the United States, the technological infrastructure used may involve data being stored or processed in jurisdictions with data protection laws other than the United States or your home country.

JTW Music & Publishing is committed to ensuring that all international transfers of personal data comply with applicable data protection regulations, including appropriate security measures to safeguard user information. This includes, among other things, the application of standard contractual clauses, assessment of the adequacy of data protection in the receiving country, and compliance with applicable privacy rules on third party services.

By using JTW Music & Publishing’s services, users consent to the transfer, storage and processing of their data on servers located outside their country of residence, acknowledging that such transfers are necessary for the operation of the website and our services. JTW Music & Publishing undertakes to take all reasonable steps to protect the integrity and security of personal data during such international transfers. 

9. PROTECTION OF YOUR INFORMATION

We grant access to your personal information only to those outside persons or services that have a legitimate need to know it and in accordance with our privacy policy. We adhere to industry-recognized security standards to protect your personal information, both during transmission and in storage. However, it is important to note that no method of transmission over the Internet or electronic storage is foolproof and 100% secure. Therefore, while we at JTW Music & Publishing strive to implement commercially viable data protection methods, we cannot ensure absolute security of your personal information. We undertake not to sell, distribute or transfer your personal data to unauthorized third parties, unless we have your explicit consent or are required by law to do so.

10. RIGHTS 

Users who provide information through our website, as data subjects, have the right to access, rectify, download or delete their information, as well as to restrict and oppose certain processing of their information. While some of these rights apply generally, others only apply in certain limited circumstances. These rights are described below:

  • Access and portability: to access and know what information is stored on our servers, you can send us your request through our contact information.
  • Rectification, restriction, limitation and deletion: You may also rectify, restrict, limit or delete much of your information.
  • Right to be informed: Users of our website will be informed, upon request, about what data we collect, how it is used, how long it is kept and whether it is shared with third parties.
  • Object: Where we process your data based on our legitimate interests, as explained above, or in the public interest, you may object to this processing in certain circumstances. In such cases, we will stop processing your information unless we have legitimate grounds to continue processing it or where necessary for legal reasons.
  • Withdraw consent: Where you have previously given your consent, for example to allow us to process and store your personal information, you have the right to withdraw your consent to the processing and storage of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn your consent if we have a lawful basis for doing so or if your withdrawal of consent was limited to certain processing activities.
  • Complaint: If you wish to lodge a complaint about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority. Users may exercise all of these rights by contacting us via the contact information or contact page.
  • Rights related to automated decision-making, including profiling: Users may request that we provide them with a copy of the automated processing activities we conduct if they believe that data is being unlawfully processed.

Users or holders of personal data provided through the website may exercise these rights over their personal data at any time and without limitation by sending their request through our contact information. The request to exercise your rights will be attended and answered within a reasonable period of time. 

11. PROTECTION OF CHILDREN’S ONLINE PRIVACY 

We comply with the requirements of national and international data protection regulations regarding the protection of personal data of minors. We do not collect any information from children under the age of 13 (minimum age allowed to collect and process information without parental or legal guardian consent). If we become aware that a child under the age of 13 has provided us with personal information, we will take steps to delete such information.

12. THIRD PARTIES

Except as expressly included in this privacy policy, this document only addresses the use and disclosure of information that JTW Music & Publishing collects from you. If you disclose your information to third parties, different rules may apply to their use or disclosure of the information you disclose to them. JTW Music & Publishing does not control the privacy policies of third parties, and you are subject to the privacy policies of such third parties where applicable. JTW Music & Publishing is not responsible for the privacy or security practices of third parties, including those linked to or from the website. Please refer to the privacy policies of any third-party websites or services you access through the website.

13. CHANGES TO PRIVACY POLICY

We reserve the right to change our privacy policy at any time. Changes will be promptly notified to our users and posted on the website. Your continued use of our website following such changes will signify your acceptance of the changes.

14. CONTACT INFORMATION

If you have questions or concerns about this privacy policy and the treatment and security of your data, please contact us using the contact information below:

JTW Music & Publishing LLC.

Email: welcome@johntwalsh.net

Cookie Policy

Welcome to JTW Music & Publishing LLC!

This cookie policy explains how and why cookies and other similar technologies may be stored on and accessed from your device when you use or visit:

In this cookie policy, the word “website” refers to the JTW Music & Publishing and John T. Walsh websites, “we”, “us”, “our”, and “JTW Music & Publishing” and “John T. Walsh” refer to JTW Music & Publishing LLC, and “you” and “user” refers to you, the user and visitor of the JTW Music & Publishing and John T. Walsh websites.

This cookie policy should be read together with our privacy policy and our terms and conditions.

By using the website, you accept the use of cookies by JTW Music & Publishing, in the terms contained in this policy.

 

 

  1. GENERAL INFORMATION

The information collected through cookies will be under responsibility and in charge of:

  • JTW Music & Publishing LLC.
  • Email: welcome@johntwalsh.net

 

  1. WHAT ARE COOKIES?

Cookies are small text files placed on your computer or mobile device when you visit a website. These files enable the website to recognize your device and recall whether you have visited the site before. Cookies are a common technology on the web and have been used by most websites for many years. They play a crucial role in making websites function more effectively. Cookies help track which sections of the website users interact with and allow for a personalized browsing experience. Additionally, cookies provide valuable data that helps us monitor and enhance the website’s performance.

 

  1. CONSENT

Along with this document, when you visit our website for the first time, you will be shown a notice or banner on the home page of the website, informing you about the use of cookies by our website, where you can accept or reject the use of cookies by the website. By clicking ‘Accept’ in this notice, you are giving your explicit consent to our use of cookies on your device. These cookies are used to enhance your browsing experience, personalize content, analyze site traffic and enable specific functionality related to our online operations.

Your consent allows us to provide you with a more personalized and efficient user experience. If you decide to withdraw your consent at any time, you can do so by adjusting your browser’s cookie settings. However, please note that refusing to use cookies or disabling certain cookies may reduce the functionality of the site and negatively impact your overall experience.

 

  1. LEGAL BASIS AND LEGITIMATE INTERESTS

On our website, we use cookies based on our legitimate interests to provide the best possible user experience and to continuously enhance our site. These interests include optimizing our online services, personalizing content and advertising, and ensuring the security and efficiency of our website.

Cookies enable us to gain insights into how users interact with our website, allowing us to tailor and improve our services and functionalities to better meet their needs and preferences.

Although we believe that our legitimate interests in using cookies do not outweigh your fundamental rights and freedoms, you still have the choice to refuse or manage the use of cookies through your browser settings or by using the tools available on our website.

 

  1. WITHDRAWAL AND OBJECTION (OPT-OUT)

By accessing our website, you agree to the use of cookies that enhance the browsing experience and allow the personalization of content and advertisements. However, we understand and respect your right to privacy. If you wish to opt-out or exercise your choice to not participate (Opt-Out), you can set your browser to refuse all cookies or to indicate when a cookie is being sent.

Please note that some features of the site may not function properly without the use of cookies. In addition, we provide links or tools on our site that allow you to specifically decline the use of certain cookies.

 

  1. STORAGE DURATION OF COOKIES

The cookies used on our website have different retention periods depending on their purpose. Necessary cookies, which are essential for the basic operation of the site, are stored only for the time necessary to provide the services requested, such as secure access to restricted areas or user authentication. These cookies cannot be disabled, as without them the website would not function properly.

Functionality cookies, which allow us to remember your preferences, such as language or personalized site settings, may have a variable duration. Some of these cookies may be session cookies, meaning that they are deleted when you close your browser, while others may be stored for longer periods, up to several years, to provide a smooth and consistent user experience on repeat visits.

Analytical cookies allow us to track activity on the website to improve its performance and the user experience. These cookies are kept for a maximum of 24 months before being automatically deleted. You can manage or delete these cookies at any time through your browser settings. However, by disabling or deleting these cookies, some functionality of the site may be limited, which could affect your browsing experience.

In addition, there are cookies that can be classified in the ‘other’ category, which include those that do not fit directly into the above categories but are used for other specific purposes, such as improving security or analyzing the more detailed use of the website. These cookies have different durations and, like analytics cookies, can be managed or deleted at the user’s discretion through browser settings.

Please note that deleting or rejecting cookies may adversely affect the functionality of the site and may limit some features, impacting the overall experience when interacting with our website.

 

  1. COOKIE SETTINGS

If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section. Please note that if you use your browser settings to block all cookies, including strictly necessary cookies, you may not be able to access or use all or parts of the functionalities of JTW Music & Publishing.

If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent JTW Music & Publishing from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.

We provide the links for the management and blocking of cookies depending on the browser you use:

In cases where you access the website through an iOS or Android mobile device, please follow the instructions below to delete or block cookies on your device:

  1. COOKIES WE USE

We use the following cookies on our website:

Cookie

Domain

Description

Duration

Type

wpEmojiSettingsSupports

johntwalsh.net

WordPress sets this cookie when a user interacts with emojis on a WordPress site. It helps determine if the user’s browser can display emojis properly.

session

Necessary

  1. PURPOSES OF OUR COOKIES

Our cookies are used for the following purposes:

Necessary: Necessary cookies are essential files that enable basic functions on the website, such as navigation and security. They do not collect personal information.

Functional: We use functional cookies to enhance your online experience by remembering user preferences and settings and maintaining consistency across the website, without tracking activities.

Analytics: These cookies help us understand how visitors use our website, by collecting information showing which are the most visited pages and other data regarding an analytical flow. We use this information to create a better experience for all users in our website.

Other: Cookies in the other’ category include those that do not specifically fit into the necessary, functional or analytical categories. These cookies can fulfil various functions, such as improving the security of the site or providing advanced analysis of the use of the website.

 

  1. CONTACT US

If you have questions or concerns about this cookie policy and the handling and security of your data, please contact us using the contact information below:

JTW Music & Publishing LLC.

Email: welcome@johntwalsh.net

 

Terms and Conditions

Welcome to JTW Music & Publishing LLC!

These are the terms and conditions for:

The following terms and conditions apply to the website offered by JTW Music & Publishing LLC. By using the website, you agree to be bound by these terms and conditions and our privacy policy.

In these terms and conditions, the word “website” refers to the JTW Music & Publishing and John T. Walsh websites, “we”, “us”, “our”, and “JTW Music & Publishing” and “John T. Walsh” refer to JTW Music & Publishing LLC, and “you” and “user” refers to you, the user and visitor of the JTW Music & Publishing and John T. Walsh websites.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION FROM THE WEBSITE.

 

  1. ACCEPTANCE OF TERMS

This agreement sets forth the legal terms governing your use of the JTW Music & Publishing website. By accessing and using this site, you agree to abide by the terms described herein. If you do not agree to these terms, we recommend that you discontinue using the site immediately. We reserve the right to update or modify this agreement at any time, and such modifications shall be effective as soon as they are posted on the site. By continuing to use the site after changes are posted, you automatically agree to the revised terms. Therefore, it is advisable that you review this agreement regularly to be aware of any updates.

By using the website, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

 

  1. COMMUNICATIONS

By communicating with JTW Music & Publishing through the contact information provided on the website, the user expressly accepts and authorizes JTW Music & Publishing to send them communications related to the publication and promotion of music. These communications may include informational, promotional and marketing content. The user may opt out of receiving these emails at any time by using the unsubscribe link included in each message or by contacting JTW Music & Publishing directly.

 

  1. LIMITATION OF LIABILITY

JTW Music & Publishing provides this website for informational and promotional purposes related to its music, publications and other commercial activities only. The content of the website is provided “as is” and “as available”, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. JTW Music & Publishing does not guarantee that the website will be available at all times, free of errors, interruptions or security vulnerabilities.

JTW Music & Publishing assumes no responsibility for the use that the user makes of the content available on the website or for any decision based on the information provided. The company does not guarantee the accuracy, integrity or timeliness of the information published and reserves the right to modify, update or delete any content without prior notice.

Under no circumstances shall JTW Music & Publishing, its affiliates, employees, directors or agents be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the website, including but not limited to loss of data, business interruption, failure of the stream, or any other damages, even if JTW Music & Publishing has been advised of the possibility of such damages.

The user accepts that any download or access to the content of the website is done so under their own responsibility, and JTW Music & Publishing will not be held responsible for any damage to computer systems or loss of data that may result from such activity. Likewise, the company is not responsible for third-party links, external content or any material beyond its control that may be linked to from the website.

To the fullest extent permitted by applicable law, the user accepts that any claim related to the use of the website will be subject to the limitations established in this agreement. Any claim or dispute arising from the use of the website must be submitted within the maximum period of time permitted by applicable law, otherwise it will be permanently excluded.

The user acknowledges that JTW Music & Publishing is under no obligation to maintain or continue operating the website and may suspend, modify or terminate access to it at any time, without prior notice and without assuming any responsibility whatsoever. By accessing and using this website, the user expressly accepts and acknowledges the terms of this limitation of liability.

 

  1. COPYRIGHT

All content on JTW Music & Publishing website, including, without limitation, names, logos, trademarks, audios, images, text, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by JTW Music & Publishing LLC or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on JTW Music & Publishing LLC are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without JTW Music & Publishing prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize JTW Music & Publishing or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

  1. COPYRIGHT INFRINGEMENT

JTW Music & Publishing will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). JTW Music & Publishing respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:   

 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that JTW Music & Publishing can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

 

  1. PERSONAL DATA

Any personal information you submit in connection with your use of the website will be used in accordance with our privacy policy. By using the website, you agree to our collection and storage of your personal information. View our privacy policy.

 

PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, control, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions of any robot exclusion headers on the website or circumvent or circumvent other measures employed to prevent or limit access to our website.
  • Take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any part of the website for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other website or service without our prior written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by JTW Music & Publishing on the website.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
  1. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, JTW Music & Publishing provides and maintains the website on an “as is,” “as available” basis and does not promise that use of the website will be uninterrupted or error-free. We will not be liable to our users if we are unable to provide the website for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse JTW Music & Publishing for any loss or damage caused as a result.

JTW Music & Publishing shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, JTW Music & Publishing excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to JTW Music & Publishing and JTW Music & Publishing shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from JTW Music & Publishing.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.
  1. ELECTRONIC COMMUNICATIONS

JTW Music & Publishing will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

 

  1. INDEMNIFICATION

You agree to defend and indemnify JTW Music & Publishing from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website.
  1. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

  1. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by JTW Music & Publishing, shall constitute the entire agreement between you and JTW Music & Publishing concerning and governs your use of the website.

 

  1. ARBITRATION

Any dispute, claim or controversy arising between a user and JTW Music & Publishing in connection with these terms and conditions, or the use of the website, shall be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.

First, both parties agree to use their best efforts to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users may contact JTW Music & Publishing through designated support channels to raise any disputes. The company commits to respond within a reasonable period of time, providing an opportunity to resolve the issue without resorting to formal procedures.

If the parties fail to resolve the dispute informally within thirty (30) days of initial notification of the dispute, the dispute will be submitted to mediation. The mediation shall be conducted before a neutral mediator selected by mutual agreement of the parties. If the parties are unable to agree on a mediator within an additional fifteen (15) days, a mediator shall be appointed through a recognized mediation agency. The costs of the mediation shall be shared equally between the parties, and the mediation shall be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.

If mediation does not result in a mutually satisfactory resolution, the dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) or a similar internationally recognized body. The arbitration shall be conducted by a single neutral arbitrator, who shall be selected in accordance with the rules of the arbitration body. The place of arbitration shall be in the state of Idaho, United States. The language of the arbitration shall be English.

The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator’s decision shall be final and binding on both parties, and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to bring the dispute in court or to participate in a class action.

This dispute resolution clause does not preclude JTW Music & Publishing from seeking injunctive or equitable relief in the event of intellectual property rights infringement, misuse of the platform, or any act that may cause irreparable harm, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.

By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the objective of minimizing the costs and time associated with formal litigation. The parties assume their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided by the arbitrator.

 

  1. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Idaho. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Idaho. This applies unless binding arbitration is agreed to in the applicable section.

 

  1. FINAL PROVISIONS

Your use of our website is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth herein. This authorization to use our website does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

 

  1. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

JTW Music & Publishing LLC.

Email: welcome@johntwalsh.net