Terms of Use

1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by RHYTHMQWEST  ENTERTAINMENT, INC., a Florida Corporation (hereinafter, “RHYTHMQWEST ENTERTAINMENT”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by RHYTHMQWEST ENTERTAINMENT) form a binding agreement between you and RHYTHMQWEST ENTERTAINMENT. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"RHYTHMQWEST ENTERTAINMENT Web Site" or the "Site" includes www.rhythmqwest.com in its entirety and related sites owned or operated by RHYTHMQWEST ENTERTAINMENT and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.

"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners. 
"Member" refers to any individual or entity who subscribes to the Site to download music files provided on this Site. “Membership” means subscribing to the music education program lessons.

"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Services" means any services provided on the Site by RHYTHMQWEST           ENTERTAINMENT  or its agents.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Acceptable Use of the Site.

4.1 General Use Rules. The Site is intended for download of music or such other sound recordings. You may use this Site only for lawful purposes within the stated context of RHYTHMQWEST ENTERTAINMENT intended and acceptable use of the Site. RHYTHMQWEST  ENTERTAINMENT is the sole interpreter of the Site’s intended and acceptable use.  You hereby authorize RHYTHMQWEST ENTERTAINMENT to charge you for downloading of music or such other sound recordings. RHYTHMQWEST ENTERTAINMENT offers special rate of U.S. $ 0.99 per download of a single copy of a music file. $1.99 per download of a single copy of musical video. Other payment options are listed on the Site for your convenience. 

4.2 License to Use by Members. RHYTHMQWEST ENTERTAINMENT hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use of music downloading of certain sound tracks and other sound recordings available on this Site. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. Your use of the Site is a privilege. RHYTHMQWEST  ENTERTAINMENT reserves the right to suspend or terminate that privilege or Membership for any reason at any time, in its sole discretion.

4.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.

5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of RHYTHMQWEST ENTERTAINMENT or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, RHYTHMQWEST ENTERTAINMENT reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. The RHYTHMQWEST ENTERTAINMENT design logo and certain other names or logos are service marks or trademarks of RHYTHMQWEST ENTERTAINMENT, and all related product and service names, design marks and slogans are the service marks or trademarks of RHYTHMQWEST ENTERTAINMENT. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by RHYTHMQWEST ENTERTAINMENT’S trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

6. Disclaimers and Limitations on RHYTHMQWEST ENTERTAINMENT’S Liability.

6.1 Allocation of Responsibility RHYTHMQWEST ENTERTAINMENT assumes no responsibility for the activities, omissions or other conduct of Members.

6.2 No endorsements by RHYTHMQWEST ENTERTAINMENT. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Member or third party, whether in regards to its Web site, goods, products, services, or otherwise.

6.3 No Guaranty of Results. RHYTHMQWEST ENTERTAINMENT makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the educational objectives of Members.

6.4 WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. RHYTHMQWEST ENTERTAINMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. RHYTHMQWEST ENTERTAINMENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) RHYTHMQWEST ENTERTAINMENT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RHYTHMQWEST ENTERTAINMENT IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) RHYTHMQWEST ENTERTAINMENT makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Members, or on any other form of communication with Members, will be at your own risk.

(iii) RHYTHMQWEST ENTERTAINMENT makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL RHYTHMQWEST ENTERTAINMENT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RHYTHMQWEST ENTERTAINMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Due to the nature of these Terms and Conditions, in addition to money damages, RHYTHMQWEST ENTERTAINMENT will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

7. Links to Other Sites. RHYTHMQWEST ENTERTAINMENT contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by RHYTHMQWEST ENTERTAINMENT of the contents on such third-party Web sites. RHYTHMQWEST  ENTERTAINMENT is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

8. Amendments to this Agreement and Changes to Site. RHYTHMQWEST ENTERTAINMENT may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on they date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by RHYTHMQWEST ENTERTAINMENT unless RHYTHMQWEST ENTERTAINMENT agrees to them in a signed writing specifically including those new or different terms. RHYTHMQWEST   ENTERTAINMENT   may change the Site at any time.

9. Indemnity. You agree to defend, indemnify, and hold harmless RHYTHMQWEST           ENTERTAINMENT (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any information posted by you, or your breach of these Terms and Conditions. RHYTHMQWEST ENTERTAINMENT shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

10. Member Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through RHYTHMQWEST ENTERTAINMENT’S on-line operations only. In addition, RHYTHMQWEST ENTERTAINMENT reserves the right to comply, in its sole discretion, with legal requirements.

11. Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for RHYTHMQWEST ENTERTAINMENT, to the address listed on the Site, and, for you, to the address submitted by you or such other address as RHYTHMQWEST ENTERTAINMENT  reasonably determines is an appropriate address for you.

12. General. RHYTHMQWEST ENTERTAINMENT contact information is listed on the Site. RHYTHMQWEST ENTERTAINMENT makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access RHYTHMQWEST ENTERTAINMENT from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Irvine, California. You and RHYTHMQWEST ENTERTAINMENT’S sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.Except as expressly provided by RHYTHMQWEST ENTERTAINMENT in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and RHYTHMQWEST ENTERTAINMENT.

13. Privacy Policy. RHYTHMQWEST ENTERTAINMENT’S web server automatically recognizes the domain name of visitors to this site. Email addresses and other information voluntarily submitted in emails, registrations, surveys, and other postings, and non-user specific information on what pages, ads and links visitors access may also be collected. This information is used for internal review and then discarded, to improve the content and design of this Site, to notify customers about RHYTHMQWEST ENTERTAINMENT’S products and services that may be of interest to them. If you have received an email from RHYTHMQWEST ENTERTAINMENT, and do not wish to receive email from RHYTHMQWEST ENTERTAINMENT in the future, please type the word "Delete" in your reply and return the message to RHYTHMQWEST ENTERTAINMENT. Non-user specific information about what pages visitors access and what ads and links are clicked, may be shared with site advertisers and sponsors; you will never be individually identified to an outside company or organization in this context. It is RHYTHMQWEST ENTERTAINMENT’S   policy not to sell or market the nonpublic personal information of Members to third parties without your consent. Such information is used solely in the conduct of RHYTHMQWEST ENTERTAINMENT business and to provide high-quality services to our Members. RHYTHMQWEST ENTERTAINMENT will share your nonpublic personal information with third parties only to the extent RHYTHMQWEST ENTERTAINMENT believes it is reasonably necessary to provide RHYTHMQWEST ENTERTAINMENT’S services.  In addition, in connection with providing services to you, RHYTHMQWEST ENTERTAINMENT may also share your nonpublic personal and personally identifiable information with our affiliates. From time to time, we make the email addresses and postal addresses of those ordering RHYTHMQWEST ENTERTAINMENT products and Membership available to other reputable companies whose products or services may be of interest. If you do not want this information sent to you, please indicate by checking the appropriate box on your online order form ("I would prefer not to receive information or advertising from companies not affiliated with RHYTHMQWEST ENTERTAINMENT"). Although RHYTHMQWEST ENTERTAINMENT may analyze and aggregate your nonpublic personal information internally for the purposes of compiling statistics, evaluating trends in the marketplace, and evaluating the overall effectiveness of RHYTHMQWEST ENTERTAINMENT’S services, no non-public personal information will be shared with third parties, except as provided herein, or used in any promotional materials. Safeguarding the Members' nonpublic personal information is a primary concern for RHYTHMQWEST ENTERTAINMENT and RHYTHMQWEST ENTERTAINMENT has taken several steps to ensure that your nonpublic personal information is secure including the use of encryption technology to protect your sensitive information. This system ensures that your data is going to only to RHYTHMQWEST ENTERTAINMENT servers, by encrypting all network traffic between our machines. Members who supply their telephone numbers online may receive phone calls from RHYTHMQWEST ENTERTAINMENT regarding their information. Please provide RHYTHMQWEST ENTERTAINMENT with your correct phone number. If you wish to be placed on our "do not share" list, please email the Site Administrator. RHYTHMQWEST  ENTERTAINMENT reserves the right to release such information to law enforcement or other governmental officials as, in RHYTHMQWEST ENTERTAINMENT’S sole and absolute discretion, it is deemed necessary to comply with the law. RHYTHMQWEST ENTERTAINMENT reserves the right to change this privacy statement in its sole and absolute discretion. Any changes to this Privacy Statement will be communicated through this site at least five days in advance of implementation and will apply only to that nonpublic personal information collected from you after the date of implementation.