Last updated: April 18, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the heartfilledmusic.com website (the "Service") operated by Heart Filled Music ("us", "we", or "our").

Your access to and use of the Service 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 Service.

By accessing or using the Service 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 Service. Terms and Conditions are difficult to read, so we have summarized each section below. Keep in mind that if there are any discrepancies between the legalize and the summary, the legalize will control.

Purchases

Summary - We need your credit card information for your purchase. You promise to give us truthful information, that you are at least 18, and that you will keep your password secret.

If you wish to purchase any product or service made available through the Service ("Purchase"), you will 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 method(s) in connection with any Purchase; (ii) are at least eighteen (18) years of age; and that (iii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating 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. You agree to all restrictions, terms and conditions associated with all credit card companies from which we accept payment and that you will pay all fees and charges incurred in connection with you purchase and use of the Service.

Certain Services may require an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s password or account at any time.

Availability, Errors and Inaccuracies

Summary - We are not perfect, so we have the right to correct mistakes.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

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

Intellectual Property

Summary - Copyright is very important in our industry, we ask that you respect our copyrights, as well as the song writers and publisher’s copyrights, by only using music you purchase from us for the purpose of performances at funeral visitations and similar services and not for manufacturing or distributing physical copies or via electronic means (e.g., downloads and streaming).

The Service and its original content, features and functionality, including the copyrights in and to the sound recordings and underlying musical compositions (collectively the “Works”) are and will remain the exclusive property of Heart Filled Music and its licensors. The Service and Works are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our original Works, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Heart Filled Music. The Works you purchase from the Service, regardless of format, are solely for performances at funeral visitations, religious services, and private quiet times. All other rights, including but not limited to the right to manufacture and distribute copies and phonorecords of the Works, to publicly perform the Works (except as provided herein), to display the Works, to create any works based on the Works, or to perform the Works by digital transmission are expressly reserved, and your exercising such rights is prohibited.

Links To Other Web Sites

Summary - We periodically provide links to other web sites that we believe provide useful content; however, we have no control over the web sites and cannot promise you that the web sites are safe or that they actually will have useful content.

Our Service may contain links to third party web sites or services that are not owned or controlled by Heart Filled Music.

Heart Filled Music has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Heart Filled Music 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 web sites 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.

Termination

Summary - If you give us incorrect credit card information, if you improperly use our songs, or if you do something on our website that we think is offensive, we have the right to stop providing our Service to you.

We may terminate or suspend your access to the Service immediately, 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.

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.

Indemnification

Summary - If you do something that is against our Terms and Conditions, and your actions directly or indirectly cause us damage, you must take care of the damages and other costs we incur.

You agree to defend, indemnify and hold harmless Heart Filled Music 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 reasonable attorneys’ fees and court costs), resulting from or arising out of a) your use and access of the Service, or b) your breach of these Terms, including but not limited to any infringement claim arising from you misusing the copies or phonorecords of the Works you acquire from the Service.

Limitation Of Liability

Summary - You waive your right to any damages from using our website and Works.

In no event shall Heart Filled Music, 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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.

Disclaimer

Summary - With so many variables with digital content, we do not offer any warranties.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service 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.

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

Exclusions

Summary - Some states do not allow companies to refuse to offer certain warranties. If you live in one of those states, you may have the benefit of certain warranties mentioned above.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

Summary - In the unlikely event of legal action between you and us, the action will follow Tennessee laws.

These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, 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 Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

Summary - We may need to change these Term and Conditions. If the change is important, we will let you know.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service 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 authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.