Terms of Use | CORNELIUS

These Terms of Use (“Terms”) govern your access to and use of musicbycornelius.com (the “Website”) and any content, features, products, services, or other materials made available through the Website.

The Website is operated by BIG TRAIN MUSIC, LLC, a Maryland limited liability company, including Sky

Carnival Music and the official website of Cornelius (“Big Train Music,” “Sky Carnival Music,” “we,” “us,” or “our”).

Cornelius is a recording artist signed to Sky Carnival Music. Sky Carnival Music operates under BIG TRAIN MUSIC, LLC.

Please read these Terms carefully. By accessing or using the Website, you agree to these Terms and our Privacy

Policy. If you do not agree with these Terms, you should not use the Website.

1. ACCEPTANCE OF TERMS

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

These Terms constitute an agreement between you and BIG TRAIN MUSIC, LLC concerning your use of the Website.

Transactions and Payment Processing

If products or services are offered for purchase through the Website, you agree to provide accurate and complete information necessary to complete your transaction.

Payments may be processed by third-party payment processors. By submitting an order, you authorize the applicable payment processor to charge the payment method you provide for the amount associated with your transaction, including any applicable taxes, shipping charges, or other charges disclosed at checkout.

Orders may be subject to acceptance, product availability, payment verification, and fraud-prevention procedures. We reserve the right to refuse or cancel an order when reasonably necessary, including in cases involving suspected fraud, unauthorized transactions, product unavailability, or material pricing or listing errors.

Applicable return, refund, cancellation, shipping, and fulfillment terms will be disclosed at the time of purchase or through an applicable sales or fulfillment provider.

We generally do not directly store complete payment-card information processed by third-party payment processors.

2. INTELLECTUAL PROPERTY RIGHTS

Ownership
Unless otherwise indicated, the Website and its contents are owned by or licensed to BIG TRAIN MUSIC, LLC,

Sky Carnival Music, Cornelius, or their respective licensors and rights holders.

Website content may include, without limitation, music, sound recordings, musical compositions, lyrics, arrangements, photographs, artwork, album and single covers, graphics, logos, trademarks, trade names, videos, text, written materials, designs, audiovisual works, downloadable materials, and the selection and arrangement of such content.

Such materials may be protected by United States and international copyright, trademark, and other intellectual-property laws.

Nothing contained on the Website transfers any ownership interest in such intellectual property to you.

Music and Sound Recordings

Music available through or referenced by the Website is provided for personal, non-commercial listening and other expressly authorized purposes only.

Unless expressly authorized in writing by the applicable rights holder, you may not copy, reproduce, distribute, sell, license, publicly perform, publicly display, broadcast, transmit, modify, create derivative works from, synchronize with audiovisual content, sample, remix, extract, republish, or otherwise exploit any musical composition, sound recording, lyric, arrangement, or other musical content available through or associated with the Website.

Availability of music for streaming, downloading, previewing, or purchasing does not grant any additional rights beyond those expressly provided by the applicable service, license, or law.

Photographs, Artwork, and Visual Content

Photographs, album artwork, graphics, illustrations, logos, designs, and other visual materials appearing on the

Website may not be reproduced, republished, altered, distributed, sold, commercially exploited, or used to imply endorsement or affiliation without appropriate authorization.

Materials specifically designated as press photographs, press materials, electronic press kit materials, or approved promotional assets may be used only for legitimate editorial, journalistic, promotional, or other purposes consistent with any accompanying usage instructions.

Trademarks and Brand Identity

The names Cornelius, Sky Carnival Music, BIG TRAIN MUSIC, LLC, and associated logos, designs, branding, trade dress, album identities, and other source-identifying materials may constitute trademarks, service marks, trade names, or other protected intellectual property.

Nothing on the Website grants permission to use any such marks without prior written authorization from the applicable rights holder, except as permitted by law.

3. PERMITTED USE OF THE WEBSITE

You may access and use the Website for lawful, personal, and non-commercial purposes consistent with these Terms.

You may view publicly available content, follow links to authorized music and third-party services, subscribe to communications, submit legitimate business or licensing inquiries, and purchase products or services when such functionality is available.

You are responsible for complying with applicable laws when accessing or using the Website.

4. PROHIBITED ACTIVITIES

You may not use the Website in a manner that violates applicable federal, state, local, or international law or regulation.

You may not:
Attempt to interfere with, damage, disable, disrupt, or compromise the Website or its underlying systems.

Attempt to gain unauthorized access to the Website, servers, databases, accounts, or systems connected to the Website.

Introduce viruses, malicious code, malware, or other harmful technological material.

Impersonate Cornelius, BIG TRAIN MUSIC, LLC, Sky Carnival Music, their representatives, or another person or organization.

Misrepresent an affiliation, endorsement, sponsorship, or relationship with Cornelius, BIG TRAIN MUSIC, LLC, or Sky Carnival Music.

Use Website content for unlawful, fraudulent, deceptive, or unauthorized commercial purposes.

Remove or alter copyright, trademark, attribution, ownership, or other proprietary notices.

Reproduce, redistribute, sell, license, or commercially exploit Website content without authorization.

Use the Website to send spam, unsolicited advertising, fraudulent communications, or other unauthorized solicitations.

Automated Access and Data Collection

Except for ordinary indexing by legitimate public search engines or as otherwise expressly authorized, you may not use robots, spiders, scrapers, crawlers, automated scripts, data-mining tools, or similar automated technologies to systematically access, copy, download, monitor, extract, or collect content or data from the

Website without our prior written authorization.

You may not circumvent technological measures reasonably designed to restrict automated access or unauthorized extraction of Website content.
Artificial Intelligence and Machine-Learning Training

Unless expressly authorized in writing by the applicable rights holder, you may not use music, sound recordings, musical compositions, lyrics, vocals, photographs, artwork, images, video, written materials, or other copyrighted or proprietary content obtained from the Website to train, develop, fine-tune, evaluate, or supply datasets for artificial intelligence or machine-learning models.

This restriction applies to commercial and non-commercial AI or machine-learning systems to the fullest extent permitted by applicable law.

Nothing in this provision is intended to prohibit activities that cannot legally be restricted under applicable law.

5. MUSIC LICENSING

The availability of music, lyrics, recordings, artwork, or other creative works on the Website does not constitute permission or a license to use those works commercially.

Any proposed use requiring authorization, including synchronization in film, television, advertising, video games, online video, or other audiovisual productions; master-use licensing; reproduction; commercial public performance; sampling; adaptation; or other licensed uses, must be separately authorized by the applicable rights holder or rights administrator.

Licensing inquiries may be submitted through the contact information or licensing function provided on the Website.

Submission of a licensing inquiry does not constitute approval or authorization to use any material.

6. THIRD-PARTY WEBSITES AND SERVICES

The Website may contain links to or integrations with third-party services, including music streaming platforms, download services, retailers, social platforms, payment processors, fulfillment providers, video platforms, and other external websites.

These services are operated independently and may have their own terms of use, privacy policies, payment policies, and other conditions.

BIG TRAIN MUSIC, LLC, Sky Carnival Music, and Cornelius do not control and are not responsible for the availability, content, security, privacy practices, terms, products, services, or conduct of independent third-party services.

A link to a third-party website or service does not necessarily constitute an endorsement of that service.

Your interactions with third-party services are governed by the terms and policies applicable to those services.

7. PRODUCTS, MUSIC, AND MERCHANDISE

The Website may provide opportunities to purchase physical music, digital music, merchandise, special editions, or other products.

Product descriptions, photographs, pricing, availability, shipping charges, estimated delivery information, and other transaction details will be provided through the applicable purchasing or fulfillment system.

Physical products may be manufactured, shipped, or fulfilled by third-party providers.

Digital products may be delivered through third-party platforms or services.

We reserve the right to modify product offerings, availability, and pricing at any time before an order is accepted, subject to applicable law.

Additional terms concerning returns, refunds, replacements, cancellations, preorders, shipping, or fulfillment may apply and will be disclosed through the applicable transaction process.

8. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT, FEATURES, INFORMATION, PRODUCTS, LINKS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BIG TRAIN MUSIC, LLC, SKY CARNIVAL MUSIC, AND CORNELIUS MAKE NO GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT INFORMATION AVAILABLE THROUGH THE WEBSITE WILL ALWAYS BE COMPLETE, CURRENT, OR ERROR-FREE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG TRAIN MUSIC, LLC, SKY CARNIVAL MUSIC, CORNELIUS, AND THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES ARISING FROM:

(A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE;
(B) CONTENT OR CONDUCT OF THIRD PARTIES;
(C) CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE;
(D) THIRD-PARTY WEBSITES, SERVICES, PRODUCTS, PAYMENT SYSTEMS, OR FULFILLMENT PROVIDERS; OR
(E) UNAUTHORIZED ACCESS TO OR ALTERATION OF INFORMATION TRANSMITTED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE WEBSITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID DIRECTLY TO US DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not permit certain exclusions or limitations of liability. Where such restrictions apply, our liability will be limited only to the maximum extent permitted by applicable law.
10. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BIG TRAIN MUSIC, LLC, Sky Carnival Music, Cornelius, and their respective officers, members, employees, representatives, agents, contractors, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from or relating to your material violation of these Terms, unlawful use of the Website, infringement or misappropriation of another person's rights, or unauthorized use of Website content.

11. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law
These Terms and your use of the Website shall be governed by the laws of the State of Maryland and applicable federal law, without regard to Maryland's conflict-of-law principles.

Nothing in these Terms is intended to deprive a consumer of rights or protections that cannot legally be waived under applicable law.

Venue
Unless applicable law requires otherwise or the parties agree to another method of resolving a dispute, any legal action arising from or relating to these Terms or the Website shall be brought in a court of competent jurisdiction located in the State of Maryland.

The parties consent to the jurisdiction of such courts to the extent permitted by applicable law.

12. TERMINATION OR RESTRICTION OF ACCESS

We reserve the right to restrict, suspend, or terminate access to all or part of the Website when reasonably necessary, including in response to a material violation of these Terms, suspected unlawful activity, security threats, interference with Website operations, or protection of our intellectual-property rights.

Provisions of these Terms that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

13. CHANGES TO THESE TERMS

We may revise these Terms periodically to reflect changes to the Website, our products or services, business practices, technology, or applicable law.

When these Terms are updated, the revised version will be posted on the Website and the Effective Date will be updated.

Your continued use of the Website after revised Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by applicable law.

14. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will continue in full force and effect.

15. NO WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
Any waiver must be expressly made by an authorized representative of BIG TRAIN MUSIC, LLC.

These Terms, together with the Privacy Policy and any additional terms expressly applicable to particular products, purchases, promotions, or services, constitute the agreement between you and BIG TRAIN MUSIC, LLC regarding your use of the Website.

If additional terms apply to a particular transaction or service, those additional terms will control with respect to that transaction or service in the event of a direct conflict.

17. CONTACT INFORMATION

If you have questions regarding these Terms of Use, please contact:

BIG TRAIN MUSIC, LLC
Sky Carnival Music
Official Website of Cornelius
Maryland, United States

Website: musicbycornelius.com
Email: [INSERT OFFICIAL BUSINESS OR LEGAL EMAIL ADDRESS]