By accessing and using Caltex Music LLC (“Caltex Music”, “the Service”, “we”, “us”, “our”), through a mobile device or website, you (“user”) agree and accept to be bound by the Terms and Conditions (“Terms”) of this agreement. If you do not agree with any part of the Terms, please do not use this website or application.

Availability, Errors and Inaccuracies

We are constantly updating our audio and video content on Caltex Music. The services available on Caltex Music may be mispriced, described inaccurately, or unavailable. We may also experience delays in updating this information on the application, website, and in our advertising. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Caltex Music does not assume any liability for the accuracy, usefulness, or availability of any information transmitted or made available via the application or website, and shall not be held responsible for any error or omissions in that information. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. In addition, Caltex Music is not responsible or liable for any events that may result from the use of the application or website.

Accounts

When you create an account with Caltex Music, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding the login information that you use to access the Service. You agree to not disclose your password to any third party. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Termination

You may end your legal agreement with Caltex Music at any time by deactivating and discontinuing your use of the Service. See our Privacy Policy for more information on what happens to your information. We may terminate or suspend your account and access to our Service at any time, without prior notice or liability, for any reason whatsoever, including without limitation if a) we believe that you have breached these Terms; or b) we suspect unauthorized use of the Service. Upon termination, your right to use the Service will cease immediately. 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.

Privacy Policy

In order to provide you with our Service, we require collecting and using your information. Our Privacy Policy explains how we collect your information and data, how we keep your information safe, and what we do with the data. It also explains how you can control your information. By accessing and using the Service, you agree to the collection and use of this information, as mentioned in the Privacy Policy.

Advertisements

While using Caltex Music, you may see banner or video ads and hear audio ads. In order to consistently provide you with the most up-to-date content and best streaming service, Caltex Music may receive compensation for endorsements from third-party companies.

Third-Party Services

The Caltex Music Service may contain links to third-party websites, applications, services, resources, content, and promotions (“Third-Party Services”) that are not owned or controlled by Caltex Music. We provide these links only as an added resource for the user experience and, therefore, we are not responsible for the content, products, or practices of the Third-Party Services. Upon agreeing to these Terms, you understand and agree that Caltex 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 or services available on or through any Third-Party Service. Furthermore, you agree that Caltex Music shall not be responsible or liable, directly or indirectly, for the behavior, content, or features of any Third-Party Service or for any transactions you may enter into with the provider of any such Third-Party Service. In addition, you acknowledge that these Terms and the Caltex Music Privacy Policy do not apply to any Third-Party Services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.

Disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Your access to and use of Caltex Music is at your own risk. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, or warranties arising out of course of performance. Caltex Music, its subsidiaries, affiliates, and its licensors disclaim all responsibility and make no warranty or representation a) that the results of using the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; b) regarding the availability, quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Service; or c) that the Service is free of viruses or other harmful components.

Music Submission

By submitting music on the Caltex Music website, you acknowledge that you own full permission and copyrights of the song or video. Your music submission grants Caltex Music permission to publish the song or video on its website and mobile applications.

Copyright/DMCA Policy

At Caltex Music, we respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on Caltex Music has infringed the copyright or other intellectual property rights of any person. If you are a copyright owner, or are authorized on behalf of a copyright owner, and you believe that your intellectual property rights have been infringed upon, please contact our Copyright Agent and include the following Digital Millennium Copyright Act (DMCA) Notice of Alleged Infringement (“Notice”). Once we receive the Notice, we will take whatever action, in our sole discretion that we see fit, including the removal of the content. In addition, if we have found a user to repeatedly infringe the rights of copyright holders, it is at our discretion to terminate the user’s account in accordance with the DMCA. Please note that you may be held accountable for damages, including costs and attorneys’ fees, for any misrepresentation that content is infringing. If you are not certain if the content infringes your copyright, we recommend that you first contact an attorney. In addition, you acknowledge that if you do not complete all of the notice requirements below, your copyright notice may not be valid. You may report alleged copyright infringements pursuant to the DMCA by providing our Copyright Agent with a Notice with the following information in writing: your full legal name; an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; your mailing address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; a description of the material that you claim is infringing and that is to be removed, including the URL of the location where the copyrighted work exists; a statement, by you, that you have a good faith belief that the disputed use of the copyright material is not authorized by the copyright owner, its agent, or the law; a statement, by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Deliver this Notice, with all of the above items completed, to copyright@caltexmusic.com.

Intellectual Property

Caltex Music and its original content, features, and functionality are and will remain the exclusive property of Caltex Music and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent and authorization of Caltex Music.

Trademarks

Caltex Music and its graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks and/or trade dress of Caltex Music in the US, the EU, and other countries. Caltex Music’s trademarks and trade dress may not be used in connection with any product or service in any manner.

Indemnification

You agree to defend, indemnify and hold harmless Caltex Music and its licensors, licensees, employees, contractors, agents, affiliates, officers and directors, from and against any claims, damages, obligations, losses, liabilities, and expenses, including without limitation, attorney’s fees and costs, resulting from or in any way connected with a) your use and access of the Service, by you or any person using your account; b) your content on the Service; c) your breach of these Terms; or d) your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our written consent.

Limitation Of Liability

In no event shall Caltex Music, its suppliers, licensors, nor any other party involved in creating, producing, or delivering the Service, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, or goodwill, service interruption, device or computer damage, or other intangible losses, resulting from (i) your access to, 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; or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, statute, 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.

Exclusions

The exclusions and limitations of liability set forth above are fundamental elements of the basis of the bargain between Caltex Music and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and followed in accordance with the laws of the 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 Caltex Music and its users regarding the Service and supersede any prior agreements.

Changes to these Terms and Conditions

Caltex Music reserves the right to modify or replace these Terms at Conditions at any time. If a revision is material, we will notify you before the new Terms go into effect. By continuing to access or use Caltex Music after the new revisions become effective, you agree to the new Terms and Conditions. If you do not agree to the new Terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at help@caltexmusic.com.

Last updated: August 20, 2018