Bowser & Blue - Official

IMPORTANT

PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE USING THE WEBSITE OR ANY OF THE OTHER PROPERTIES (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Please don’t reproduce any part of the website or content without our permission.
By using Bowser & Blue, you also agree to our Privacy Policy - please read our Privacy Policy
Bowser & Blue is based in Montreal, Quebec, Canada – we quite like it here – and this document is to be interpreted in line with the laws governing Canada and Quebec.
If you represent a business that will have different usage and licensing needs, please contact us.
Last updated at March 11, 2023.

TERMS & CONDITIONS

CONTENTS

1. Changes to the Properties and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Website constitutes your acceptance of the new Terms of Use.

2. Description of Website and the Services

Access to the Website currently provides users with access to the Services and a rich collection of online resources, including personalised content, proprietary software (including updates, patches and new versions), audio, videos and other community and entertainment products. Unless explicitly stated otherwise, any new features which may be added to the Website or the Services, including without limitation, the release of new Bowser & Blue services and software, are subject to these Terms of Use.

In some instances, these Terms of Use and a separate end user licence or similar agreement may apply to a service or product offered by Bowser & Blue via the Properties. We may add, change, remove, suspend or discontinue any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Properties without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or licensing associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

You acknowledge that the Services include certain elements which allow Bowser & Blue proprietary software to be downloaded to your computer which interacts with other computer programs (including iTunes), the Bowser & Blue computer servers and your iPod or other permitted devices.

3. Intellectual Property Ownership; Licence

The past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Bowser & Blue.

As stated in our EULA:

You are purchasing a single user license to Bowser & Blue Products, Virtual Instrument software and audio files. The rights associated with this license are available to you only. The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the software. Unauthorized resale of Bowser & Blue audio products is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Bowser & Blue for details. All rights not expressly granted are hereby reserved.

Bowser & Blue retains copyright ownership of all recorded sounds, instrument programming, documentation and musical performances included within each product. All past and future versions of any Bowser & Blue product, including any versions previously published or sold through any other entity are fully bound and covered by this agreement.

The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Properties contained in any part of the Website. Exploiting any part of the Properties for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from Bowser & Blue or the applicable intellectual property rights holder as identified on the Website.

4. User Accounts, Additional Terms, End User License Agreements & Subscriptions

Registration may be required for the use of certain Services and portions of the Website (e.g., e-mail, newsletters, competitions, forums, content downloads, promotions etc.). In some instances, these Terms of Use and separate end user licence agreements or terms of use that set forth additional conditions may apply to Services or products offered via the Website. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will prevail.

If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.

You may be able to purchase a subscription for certain additional features of the Website and Services. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Bowser & Blue. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. In those cases, any downloaded product or audio file license will be void.

5. Information You Submit

From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Website ("Your Upload Information"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas ("User Forums"). Bowser & Blue, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Bowser & Blue reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Bowser & Blue reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.

All of Your Upload Information is your sole responsibility. This means that you, and not Bowser & Blue, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. Bowser & Blue actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. Bowser & Blue cannot ensure the security of any information you post in User Forums or on publicly available areas of the Website. Under no circumstances will Bowser & Blue be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.

You warrant and represent that Your Upload Information: (i) is an original work by you or you have all necessary rights, licenses and permissions in it and to submit it to Bowser & Blue under the terms of these Terms of Use; (ii) is not defamatory; and (iii) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.

Except as otherwise described in our Privacy Policy or other agreement on the Website at which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Upload Information via the Website, you irrevocably grant to Bowser & Blue, its parent, subsidiaries, affiliates, and partners, without any credit or compensation to you, a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free and fully transferable, assignable and sub-licensable right and licence to use, reuse, modify, adapt, alter, display, archive, publish, sub-license, perform, copy, reproduce, disclose, transmit, communicate to the public, post, sell, translate, create derivative works of, distribute, make and export Your Upload Information (in whole or in part), or to incorporate it in other works in any form, media, software or technology of any kind now known or developed in the future, for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes, such as developing, manufacturing and marketing products and targeted advertisements using such Uploaded Information. You hereby waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Bowser & Blue, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted through the Website or otherwise, and may alternatively choose, in its sole discretion, to discard, refuse to post, limit or block access to Your Uploaded Information without any liability whatsoever.

You acknowledge that the Web Site, through Bowser & Blue, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since Bowser & Blue, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.

6. Disclaimer of Warranties

THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BOWSER & BLUE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PROPERTIES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PROPERTIES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PROPERTIES; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PROPERTIES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PROPERTIES; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROPERTIES OR ANY LINKED SITE. BOWSER & BLUE DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BOWSER & BLUE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BOWSER & BLUE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PROPERTIES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, BOWSER & BLUE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

BOWSER & BLUE, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE WEBSITE OR OTHER PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.

YOU AGREE THAT YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK.

7. Disclaimers/Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT BOWSER & BLUE FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PROPERTIES AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL BOWSER & BLUE, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "BOWSER & BLUE ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PROPERTIES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BOWSER & BLUE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROPERTIES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE BOWSER & BLUE ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTIES). NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES BOWSER & BLUE’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS OF USE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF USE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE BOWSER & BLUE ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS THE PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PROPERTIES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PROPERTIES OR THE CONTENT.

YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BOWSER & BLUE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY BOWSER & BLUE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BOWSER & BLUE WEB SITE, SERVICES, PROPERTIES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

8. Governing Law

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Canada.

9. Miscellaneous

Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms of Use for all purposes.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Properties and the Content, including, without limitation, those governing your transmission or use of any software or data.

These Terms of Use and any applicable end user licence or similar agreements contain the sole and entire agreement between the parties with respect to the Properties, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. You agree that these Terms of Use will not be construed against Bowser & Blue by virtue of having drafted these Terms of Use. If any provision of these Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Use. No waiver on the part of Bowser & Blue of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of Bowser & Blue.

Nothing in these Terms of Use are intended to confer on any third party (whether referred to in the Terms of Use by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.

10. Termination

You understand and agree that Bowser & Blue will determine your compliance with these Terms of Use in its sole discretion. Bowser & Blue reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Bowser & Blue maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights. Any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Bowser & Blue, you must destroy all materials obtained from the Properties and all related documentation.

11. Privacy

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

Bowser & Blue

For further questions and inquiries contact us

BROWSE MUSIC

OFFICIAL