Terms & Conditions

Elixir Tones Website and Mobile Application Terms and Conditions

Last updated: September 27, 2025

These Terms and Conditions ("Terms") govern your access to and use of the websites and mobile applications ("Site") operated by Elixir Tones, a record label (collectively, "we," "us," or "our"). By accessing or using the Site, you agree to these Terms, forming a legally binding contract with Elixir Tones. Please read these Terms carefully. If you are unwilling or unable to be bound by them, do not access or use the Site.

References to "you" or "your" mean you, the user of the Site. References to "we," "us," or "our" mean Elixir Tones.

1. Changes to the Terms and Conditions

We may update these Terms periodically. When changes are made, we will post the revised Terms on this page, indicating the date of the last revision at the top. Material changes will apply only prospectively. You should review these Terms regularly, as continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

2. Using the Site

A. Permission to Use the Site

We grant you permission to use the Site, subject to the restrictions in these Terms. We may revoke this permission at our discretion for any conduct we deem inappropriate or for any breach of these Terms, including the restrictions in Section 4. Your use of the Site is at your own risk, including potential exposure to content that may be offensive, inaccurate, or otherwise objectionable.

B. Site Availability

We may modify, update, interrupt, suspend, or discontinue the Site at any time, for any reason, without notice or liability.

C. User Accounts

Some features of the Site may require registration. We may reject or require changes to your username, password, or other registration information. Your username and password are for your personal use only and must be kept confidential. You are responsible for all activities under your account and must promptly notify us at info@elixirtones.com of any unauthorized use or breach of confidentiality. We reserve the right to close your account at our sole discretion and may disclose your identity in response to complaints, legal actions, or to protect safety and security.

3. Content

A. Responsibility for Your Content

You are solely responsible for the content you post or transmit on the Site. You agree to indemnify and hold harmless Elixir Tones, our affiliates, and agents from any claims arising from your content. We may remove any content at our discretion, for any reason.

B. Our Right to Use Your Content

By posting messages, uploading files, inputting data, or engaging in any communication on the Site, you grant Elixir Tones a royalty-free, perpetual, non-exclusive, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display such content; and (2) sublicense to third parties the right to exercise these rights. This includes exploiting any proprietary rights in your content, such as copyright, trademark, or other intellectual property rights, in any relevant jurisdiction.

C. Ownership

All materials on the Site, including text, graphics, logos, images, audio, video, digital downloads, and software, are owned, controlled, or licensed by Elixir Tones and protected by copyright, trademark, and other intellectual property laws. These materials are provided for your personal, non-commercial use only. You may not copy, reproduce, modify, upload, post, transmit, or distribute any material without our prior written consent, except for downloads explicitly provided for personal, non-commercial use, provided you retain all copyright and proprietary notices.

4. Restrictions

The following rules govern your use of the Site, including bulletin boards, chat rooms, or other online services. We do not review every message or verify the accuracy of posted information. We are not responsible for the content of any postings, which do not reflect the views of Elixir Tones or its affiliates. If you find any content objectionable, contact us at info@elixirtones.com. We will review and may remove objectionable content, though removal is a manual process and may not be immediate.

A. You agree not to, and will not assist or enable others to:

• Post material that is knowingly false, defamatory, abusive, vulgar, obscene, hateful, harassing, sexually explicit, threatening, invasive of privacy, or otherwise illegal.
• Post or transmit material that violates third-party copyright, intellectual property, or proprietary rights.
• Post or transmit viruses, worms, Trojan horses, or other harmful or disruptive elements.
• Engage in commercial activities (e.g., sales, contests, or sweepstakes) without our prior written consent.
• Solicit or collect personal information for commercial or unlawful purposes.
• Solicit personal information from minors.
• Send bulk emails, surveys, or other mass messaging.
• Engage in keyword spamming or manipulate search results.
• Impersonate any individual or entity.

B. You also agree not to, and will not assist or enable others to:

• Restrict or inhibit other users' enjoyment of the Site (e.g., through hacking or defacement).
• Use robots, spiders, or automated tools to access, scrape, or index the Site.
• Remove or modify copyright, trademark, or proprietary notices.
• Record, process, or mine information about other users.
• Reformat or frame any portion of the Site.
• Impose an unreasonable load on our infrastructure or make excessive traffic demands.
• Attempt unauthorized access to the Site, accounts, or connected systems through hacking or password mining.
• Use devices or software to interfere with the Site's functionality or security.
• Violate network security, crack passwords, or disrupt Site operations.
• Circumvent or interfere with security features or restrictions on Site content.

5. Unsolicited Submissions

Elixir Tones and its employees do not accept or consider unsolicited sound recordings, musical compositions, or other creative materials ("Submissions"). If you submit unsolicited material despite this policy, we are not obligated to treat it as confidential or proprietary. By submitting, you acknowledge that: (i) we have no obligation or liability to you or anyone claiming through you based on the Submission; and (ii) you relinquish any claims related to the Submission.

6. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, incorporated into these Terms by reference.

7. Third Parties

The Site may include links to third-party websites or applications ("Third-Party Sites"). Unless specified, we do not operate, control, or endorse Third-Party Sites. We are not responsible for their availability or content, and your use of Third-Party Sites is at your own risk.

8. Indemnification

You agree to indemnify, defend, and hold harmless Elixir Tones, our affiliates, officers, directors, employees, agents, licensors, and suppliers from any losses, expenses, damages, or costs, including reasonable attorneys' fees, arising from: (i) your access to or use of the Site; (ii) your violation of these Terms; (iii) your use of products or services obtained through the Site; or (iv) infringement by you or any third party using your account of any intellectual property or other rights. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification.

9. Warranty Disclaimer and Limitations of Liability

Please read this section carefully, as it limits our liability to the maximum extent permitted by law. Nothing herein limits rights that cannot be lawfully limited.

A. The Site is provided "as is," "with all faults," and "as available." Your use is at your own discretion and risk. We make no claims about the Site's quality, accuracy, reliability, safety, or security. We are not liable for any loss or damage arising from your use of the Site.

B. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume full responsibility for your use of the Site.

C. Neither Elixir Tones, our affiliates, nor our sponsors are liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages related to the Site or Third-Party Sites. Your sole remedy for dissatisfaction is to stop using the Site.

D. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or harmful components.

E. We make no representations about the use or results of materials on the Site or Third-Party Sites.

F. We do not guarantee the frequency of updates or the inclusion of specific artists or individuals on the Site.

10. Void Where Prohibited

The Site is accessible worldwide, but not all products or services are available to everyone or in all locations. We may limit the availability or quantity of any product or service at our discretion. Any offer for products or services is void where prohibited.

11. Making Purchases

To purchase products or services on the Site, you may need to provide payment information. By initiating a transaction, you represent that you: (A) are 18 years or older; and (B) have the legal right to use the selected payment method. You agree to provide accurate, complete, and current information and to pay all charges, including shipping and taxes, at the prices in effect. We may change pricing or availability without notice. No refunds are offered for price drops after purchase. All sales of digital content are final.

12. Rules for Promotions

Contests, sweepstakes, surveys, or similar promotions ("Promotions") may have specific rules separate from these Terms. By participating, you agree to those rules, which may differ from these Terms. Review the applicable Promotion rules and our Privacy Policy, which also governs information submitted in Promotions. Promotion rules prevail in case of conflict with these Terms.

13. Choice of Law and Venue

These Terms are governed by the laws of the State of California, excluding its choice of law rules. You agree to the exclusive jurisdiction of state and federal courts in Los Angeles County, California, and waive objections to jurisdiction, venue, or inconvenience. Claims to enforce these Terms must be brought within two years of the cause of action, seeking only out-of-pocket expenses, with the prevailing party entitled to costs and attorneys' fees. Claims must be individual, not part of a class action.

14. General Terms

A. If any provision of these Terms is deemed unenforceable by a court, it will be limited or eliminated to the minimum extent necessary, with the remaining Terms remaining in effect.

B. These Terms constitute the entire agreement regarding Site use, superseding prior agreements. No reliance is placed on representations not contained herein.

C. Notices, including changes to the Terms, may be provided via email, regular mail, or Site communications.

D. Our failure to enforce any right or provision does not waive that right or provision.

E. You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer them without restriction. Any unauthorized assignment is void.

F. Section titles are for convenience only and have no legal or contractual effect.

15. Designated Agent Under the Digital Millennium Copyright Act

Under the Digital Millennium Copyright Act (DMCA), claims of unauthorized use of copyrighted materials must be sent to our Designated Agent. If you believe Elixir Tones should be notified of possible copyright infringement on the Site, contact:

Your notice must comply with DMCA requirements (see 17 U.S.C. Sec. 512(c)(3)).