By using this website, which includes any affiliated websites and mobile applications (the “Website”), you are entering into an agreement with Misty Blue(sometimes also referred to as “we”, “us” or “our”) and hereby agree to the terms & conditions set out herein (the “Terms”). We may modify these Terms at any time (without notice to you) by posting revised Terms on the Website. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Website, or any offerings through the Website.

 

About Misty Blue

 

Misty Blue is in the business of selling downloadable products in the form of digital audio recordings, music production tools, and other related materials, and additional products and services that may be added to the Website from time to time, for use by, without limitation, musicians, music producers, composers, film editors, and web designers (the “Products and Services”). The available Products and Services offered on the Website may be updated or changed at any time at Misty Blue’s sole discretion.

 

Intellectual Property Rights

 

All right, title, and interest in and to the Website, Misty Blue logos, designs, and trademarks are and will remain our exclusive property (collectively, “Intellectual Property Rights”). You will not use the Intellectual Property Rights for any purpose (or anything that is confusingly similar to the Intellectual Property Rights) without the express authorization to do so from Misty Blue. All feedback, comments, and suggestions for improving the Website and the Products and Services (the “Feedback”) that you provide to us, and any contributions you make to the Website by posting content and communicating with other users via post or forms that may be available on the Website from time to time (“User Posts”), will be the exclusive property of Misty Blue. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. At our request, you will execute documents and take such further acts as we may request to assist us in acquiring, perfecting, and maintaining our Intellectual Property Rights and other legal protections for your Feedback and User Posts.

 

Disclaimer, Waiver and Indemnity

 

While Misty Blue will take reasonable steps to ensure that the Website and our Products and Services are free from uncleared or unauthorized samples, free from materials that infringe copyright, and free from any viruses, trojans, malware, spyware, harmful software, data theft, or any unauthorized malicious activity, Misty Blue makes no guarantees on this subject and will not be held liable for any losses, judgments, claims, legal fees, or court costs resulting from this. Your use of the Website and any Products and Services is at your sole risk, and the Products and Services on our Website are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. In addition, Misty Blue does not warrant that our Products and Services will be uninterrupted, timely, secure, or error-free. You hereby agree to indemnify, defend and hold us and all of our officers, directors, owners, employees, affiliated parties, suppliers, and licensors (collectively referred to as the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of your use of the Website, the Products and Services, use of third-party sites, your violation of these Terms, your violation of the rights of any other person or entity, and any use or alleged use of your account or your passwords by any person, whether or not authorized by you.

 

Third Party Licenses

 

You acknowledge and agree that when you purchase the Products and Services, your purchase may be subject to licensing terms from a third party, such as the owner of the copyright in the sound recording(s) or underlying musical composition(s) of the Products and Services, if applicable (“Third Party License”). By purchasing the Products and Services, and if applicable, you are agreeing to any Third Party License, which you will have the opportunity to review prior to purchasing the Products and Services. If applicable, you agree that you have reviewed such Third Party License and have received (or have had the opportunity to receive and have declined) independent legal advice on how such Third Party License governs the use of the Products and Services you have purchased on the Website.

 

Limitation of Liability

 

You expressly agree that Misty Blue (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) will NOT be held liable for and will remain harmless against any losses, judgments, claims, legal fees, or court costs that may arise from your use of the Website and purchase of any Products and Services from this Website, including any losses, judgments, claims, legal fees, or court costs resulting from Third Party Licenses. By entering this agreement, you agree not to sue or recover any damages from Misty Blue (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) as a result of your use of the Website, purchase of any Products and Services, Third Party Licenses, and/or our decision to terminate or suspend this agreement, your account, or access to any of our Products and Services. In addition, to the maximum extent permitted by applicable law, we will not be liable for any direct or indirect, incidental, special, exemplary, punitive, or consequential damages suffered by you in connection with or arising out of your use of the Website, Products and Services, its software, content, or other materials, even if we have been advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of any of your content, passwords, or other intangible losses, resulting from but not limited to: the use or the inability to use the Website and the Products and Services; alteration of, inaccuracies, errors, or omissions in your content, transmissions, or data; or statements or conduct of any third party, including but not limited to any and all damages flowing from unauthorized third-party use of the Website or the Products and Services.

 

Additional Agreement with Misty Blue

 

If you execute a separate agreement with Misty Blue for any Products and Services, you expressly agree and acknowledge that you remain bound by these Terms.

 

Payment and Downloading Products

 

Payment is taken on behalf of Misty Blue by PayPal and Credit Cards Payments. After payment for the Products and Services, you will receive an email where you can download your purchased Products and Services.

 

Delivery/Refund Policy

 

After making payment on this Website, you will automatically receive a download link on your email account, where you can download your purchased Products and Services. If you experience any problems, please get in contact with us at contact.mistyblue@gmail.com, and we will work to solve the problem. However, for certainty, once downloaded, the Products and Services purchased by you from Misty Blue are non-refundable