TERMS OF USE
Last updated and effective as of October 7, 2025
This website is operated by Sit A Spell Music, LLC (referred to in these Terms of Use as “we,” “us” or “our”). Your access and use of this website (the “Site”), and your access and use of the services provided through the Site (“Services”) are governed by and subject to these Terms of Use (“Terms”).
Legal Agreement
These Terms are a legal agreement between you and us, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing, downloading or otherwise using any portion of any Site or any of the Services, you acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access, browse or otherwise use any portion of the Site or the Services, and you must discontinue all use of the Site and the Services immediately.
Effective Date; Modifications
These Terms are effective as of the “last updated and effective” date set out at the top of this page. We reserve the right to modify, suspend, refuse or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason, and without notice or liability to you, any portion of the Site and any of the Services.
We reserve the right to modify these Terms and any other guidelines or policies affecting the Site at any time, and all modifications will become effective upon the earlier of: (1) posting of the revisions on the Site, or (2) distribution of the revisions by electronic mail. Your continued use of the Site or the Services after the effective date of any modifications means that you accept and agree to all such revisions. Please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to info@sitaspellmusic.com .
Links to Third-Party Website
The Site may contain links to websites of third parties. If you use these links, you will leave the Site. These third parties and their websites are not under our control. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use, their privacy policies and their policies on collection, use and disclosure of your personal information. For example, we may link to third party websites and services such as Facebook, X, Instagram, YouTube, Vimeo, Apple Music, and Shopify. These companies may maintain their own terms of service, which are not under our control. Please review each third party’s terms of service and privacy policy on collection, use and disclosure of your personal information.
Entire Agreement
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site or the Services, and all matters relating to your access or use of the Site or the Services. A printed version of these Terms and of any notice given in electronic form will be admissible in any and all judicial or administrative proceedings relating to these Terms or the Services, to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including, without limitation, the disclaimers, and the limitation of liability and indemnity provisions stated below, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in full effect.
Any rights with respect to access or use of the Site or the Services not expressly granted in these Terms are reserved to us.
Ownership and Permissions
We, and our respective subsidiaries, affiliated companies, distributors, vendors, contractors, licensors or licensees (“Affiliated Parties”) are the exclusive owners or licensees of all non-user-generated content and materials comprising or made available on the Site or through the Services (“Site Content”), and of all intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights in the Site Content. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
The trademarks and service-marks Sit A Spell Music® and Ardy Williams™ and related marks and logos, and the trade dress of the Site and the Services (“Site Marks”) are the exclusive property of Sit A Spell Music, LLC. Unauthorized use of any the Site Marks, or of any word, term, name or symbol that is likely to dilute any of the Site Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Ardy Williams or Sit A Spell Music, LLC, or our approval or sponsorship of the user’s products or services, is strictly prohibited by law. We reserve all rights to take action against any prohibited use of Site Marks or any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Ardy Williams or Sit A Spell Music, LLC. All other trade names, trademarks and service-marks that appear on the Site are the property of their respective owners and cannot be used without permission from the owner.
You may access, browse and use the Site and the Site Content for your personal, non-commercial use, on a single computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content, the Site Marks, and related marks and logos by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Site Marks, except as may be allowed by law.
Your Account and User Information
When the Site or the websites of Affiliated Parties require you to open an account (“Your Account”) or otherwise provide user or registration information, including a username and password (“Your User Information”), you must complete the registration process by providing complete, truthful and accurate information. You grant to us the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site and the provision of any Service. We will retain this information only for as reasonably necessary to provide Services available to you on the Site. Our information collection and use policies with respect to Your User Information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes.
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately, by sending an e-mail to info@sitaspellmusic.com , of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
You have the right to terminate Your Account at any time. You may terminate Your Account by emailing info@sitaspellmusic.com or the appropriate Affiliated Party. If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the applicable account interface on the Site. If you terminate Your Account, there will be no refund for any fees already paid in connection with Your Account.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat infringer of any intellectual property or other right or violate these Terms, we will permanently terminate Your Account. Accounts terminated by us for any type of abuse, including, without limitation, a violation of these Terms, may not be reactivated. If we terminate Your Account for any reason, there will be no refund for any fees already paid in connection with Your Account
Prohibited Conduct
- You warrant and agree that, while accessing or using the Site or the Services, you will not, at any time:
- impersonate any person or entity, or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including any other user of the Site, Ardy Williams, or any of the Affiliated Parties;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, marketing, or other promotional content into any of the Site Content, or post, upload, transmit or submit such content as part of Your Content;
- obtain or attempt to gain unauthorized access to any computer systems, materials, information or services available on or through the Site or the Services, through any means, including, without limitation, through means unintentionally made publicly available or provided on or through the Site or the Services;
- use any automatic or unauthorized means, including, without limitation, any robots, spiders, scrapers, data mining tools, data gathering or extraction tools, or any other means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or any of the Services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers, or distributing viruses, spyware, malware, or other invasive, malicious or damaging software, code or applications that may harm us, other users of the Site or their property;
- circumvent any technical measures that we use to provide the Site and the Services;
- use the Site or any of the Services in violation of our intellectual property or other proprietary or legal rights, or of the rights of any third party;
- attempt, or encourage or support anyone else’s attempt, to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Site or any of the Services; or
- post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine, in our sole discretion: (1) is vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory or otherwise unlawful; “masked” vulgarity, obscenity, profanity, hate or harassment is deemed to be equivalent to any explicit expression through any words, phrases or symbols; (2) infringes on our or any third party’s intellectual property or other rights, or otherwise violates any law; (3) is derogatory or harmful to our reputation in any way; or (4) is otherwise inappropriate;
- use the Site or any of the Services to post, distribute or send any illegal material of any kind, including, without limitation, illegal material in the form of text, graphics, audio, video or programs;
- use the Site or any of the Services in violation of any law; or
- commercialize any Site Content, or any other part of the Site or of any of the Services.
Disclaimers
We administer, control and operate the Site from our office in Nacogdoches, Texas, United States of America. The Site may be accessible world-wide; however, some of their features or functions may not be available or appropriate for use outside of the United States or may not be available to all persons or in all geographic locations. We make no representation that the Site, the Services and the Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions outside of the United States. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person or in any geographic area.
The Site provides information of a general nature only and you are responsible for determining whether this information is relevant or applies to you. We specifically disclaim any and all liability related to any action that you or any other person may take based on any information or guidance provided on the Site or through the Services.
Some content of the Site may be provided by the users of the Site. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, the content provided by users. We do not independently verify the representations and warranties made by the users with respect to such content. Furthermore, despite the provisions in these Terms on Prohibited Conduct, content provided by other users of the Site may contain inappropriate or offensive material, and viruses, spyware, malware, or other invasive, malicious or damaging software, code or applications may be used to harm you or your property.
Use of the Internet carries inherent risks and dangers. We do not guarantee that the Site, the Services and the Site Content are free from these risks and dangers, including, without limitation, viruses, spyware, malware, or other invasive, malicious or damaging software, code or applications of any kind, or that use of the Site, the Services or the Site Content will not cause damage or loss of any kind.
The Site, the Services and the Site Content are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied, including, without limitation, any warranty with respect to uptime or uninterrupted access, concerning the availability, accuracy or usefulness of the Site, the Services or the Site Content, and any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or of any of the Site Content. We do not warrant that the Site, the Services or the Site Content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, spyware, malware, or other invasive, malicious or damaging software, code or applications, inaccuracies, errors, or defects.
You expressly agree that your use of the Site and the Services is at your sole risk, that the information contained within the Site and the Services is offered only for your consideration and should not be relied upon for personal, medical, legal or financial decisions.
No advice, results or information, whether oral or written, obtained by you from us or through the Site or the Services will create any warranty not expressly made in these Terms.
Some states or jurisdictions do not allow the disclaimer of implied warranties, and the foregoing disclaimers may not apply to you.
If you become aware of any misuse of the Site or the Services, please contact us, by sending an e-mail to info@sitaspellmusic.com .
Limitation of Liability
You use the Site at your own risk. To the full extent permitted by law, we assume no responsibility and will not be liable for any damages to, or any viruses, spyware, malware, or other invasive, malicious or damaging software, code or applications, that may infect, your computer equipment or other property on account of your access to, browsing, or use of the Site, the Services or the Site Content. You are solely responsible for implementing sufficient procedures and anti-virus, spyware and malware tools to satisfy your particular requirements for the accuracy and security of data input and output.
We are not liable for any errors or inaccuracies in, or omissions from, the Site, the Services or the Site Content that are due to our negligence.
Except as set out below, under no circumstances, including, without limitation, any breach of contract, tort, negligence, strict liability, or liability arising under any other legal or equitable theory, will we or any of the Affiliated Parties be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with your use of the Site, any of the Services, or any of the Site Content, or your inability to use the Site, any of the Services, or any of the Site Content.
Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, in such states or jurisdictions, our liability and liability of any of the Affiliated Parties will be limited to the fullest extent permitted by law.
You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the Site or the Services is to terminate Your Account and to discontinue all use of the Site and the Services.
Indemnity
As a condition of your access to, or any other use of, the Site, or any of the Services or the Site Content, you agree to indemnify and hold us and each of the Affiliated Parties harmless from and against any and all claims, actions and damages, including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement, that are related any claims or demands by any third party for any injuries, losses or damages of any kind, to persons or property, arising, in whole or in part, directly or indirectly, in connection with your access to, or any other use of, the Site, or any of the Services or the Site Content, your violation of any rights of a third party, your breach of these Terms, or your breach of any law. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Notice of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same.
To notify us of your claim of copyright infringement related to any content on the Sites, please send a written communication to our legal representative:
Email: to chuck@floydlawoffice.net
Re: www.SitASpellMusic.com DMCA Claim
Your notice must include:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our legal representative first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
By visiting or using the Site, you agree that the laws of the United States of America and the laws of the State of Texas, without regard to the principles of conflict of laws, will govern your use of the Site and the Services, and these Terms and all matters relating to your access to, or use of, the Site or the Services, including all disputes between you, and us and/or any of the Affiliated Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts for Nacogdoches, Texas, and the corresponding appellate courts, in any related action or proceeding.
Time of Claim
You agree that any court action arising out of, or related to, your use of the Site or the Services, these Terms, and all matters relating to your access to, or any other use of, the Site or the Services must be commenced by you within one (1) year after the cause for such action accrues; otherwise, such cause of action will be permanently barred.
Contact Us
If you have questions about these Terms or any of our services, please contact us. Please include your name and your contact information in your e-mail correspondence.
Email address:
Attn: www.SitASpellMusic.com
E-mail: info@sitaspellmusic.com
© 2024 Sit A Spell Music, LLC. All Rights Reserved.
PRIVACY POLICY
Last updated and effective as of October 7, 2025
This website is operated by Sit A Spell Music, LLC (referred to in this Privacy Policy as “we,” “us” or “our”). This Privacy Policy (“Policy”) explains how we collect, use, share, and protect information that we learn about you as a result of your interaction with us through the website and applications on which this Policy is posted, including the websites that you may access using your mobile or handheld electronic device (collectively, “Sites”), and through the services provided through the Sites (“Services”). By accessing or downloading any portion of the Sites or using any of the Services, you agree to the practices described in this Policy and you consent to the collection, use and disclosure of your personal information as set out in this Policy. Your use of our services is subject to this Policy and our Terms of Use. If you do not wish to provide your consent and/or do not agree with any part of this Policy, you must discontinue all use of the Sites and the Services immediately.
Bandzoogle
This website is hosted and powered by Bandzoogle. Your use of the Sites is subject to Bandzoogle’s privacy, cookie, and other policies. Click the following link to read Bandzoogle’s Cookie Policies:
https://bandzoogle.com/terms/cookie-policy
What Information About You Do We Collect and How Do We Use It?
By accessing or downloading the Sites or using the Services, you may provide to us personal information, including personally identifiable information and non-personally identifiable information that you voluntary choose to disclose to us, such as you name, address, telephone number, e-mail address, birthdate and payment information.
We use the information we collect to monitor and analyze how the Sites and the Services are used, to provide customer service, and to maintain and improve the Sites and the Services. We may also collect technical information to help us identify your mobile device and how you are accessing the Sites and Services.
You may be asked to submit personally-identifiable information to access or use certain aspects of the Services offered on the Sites – for example, we may ask for the following information under the following circumstances:
Join the Ardy Williams fan club, if any: We may ask for your name, email address, birthdate, creation of a username and creation of a password.
Make a purchase: If you use the store checkout page, if any, we ask for your name, email address, billing information, shipping information, credit card information and information necessary for the completion of the transaction. Additionally, we may collect information regarding your purchase history and how you interact with the store.
Other personally identifiable information may be collected if you contact us, receive customer or technical support, participate in questionnaires, surveys, sweepstakes or promotions, and/or use tools and services offered by us.
Please note that this is not an exhaustive list and additional information may be requested when taking the actions described above.
The personally identifiable information that you provide to us or to third parties on our behalf allows us to fulfill your service request or product order, respond to your questions, contact you about your account or your order, alert you of new products or services and new product and service features, and inform you of promotions, special events and other offers that we think may be of interest to you. Unless provided otherwise herein, please note that we may retain your personally identifiable information only for as long as reasonably necessary for the purposes described in this Policy. For example, we may retain your personal information as long as you continue to use and are registered through the Sites and Services. Please be aware that we may also be required to retain your personally identifiable information for legal and accounting reasons.
Will We Share Your Information With Other Parties?
We may use your personal information to provide analysis of the users of the Sites and the Services, in the aggregate, to prospective partners, advertisers and other third parties. We may also share your non-personally identifiable information with our business partners for the purpose of their delivering content, including ads, on the Sites and on third-party websites.
We will not sell or rent your personal information and we will only share your personally identifiable information as provided herein. We may disclose your personal information to our employees, agents, contractors and sub-contractors, and to our related and affiliated entities, and their respective employees, agents, contractors, sub-contractors, for the limited purpose of enabling them to communicate with you directly about events and promotions that may be of interest to you. We will share your personal information with other parties under the following circumstances:
Protection of Rights. We will share your personally-identifiable information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities; (ii) such action is appropriate to enforce the Terms of Use for the Sites, including any investigation of potential violations thereof; (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Sites or the Services; or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Sites or the Services, or others.
Asset Transfers. If we become involved in a merger, acquisition, or other transaction involving the sale or transfer of some or all of our assets, or in the event of an insolvency or bankruptcy, the information, including personally-identifiable information, collected from you through your use of the Sites may be included in the transferred assets.
Service Providers. We may share your personally identifiable information with the companies that provide tools for the Sites or the Services.
Sweepstakes and Contests. If we offer, and you choose to participate in, any on-line promotions, such as a sweepstakes or a contest, your personally-identifiable information collected in connection with a promotion may be shared with the third-party sponsor of the promotion, or as otherwise provided in any Official Rules.
Promotional Partners. We may share your personally identifiable information with the companies that are promotional partners. You may receive emails from each of these parties from time to time.
What Are Your California Privacy Rights?
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose to you the following information with respect to our collection, use and disclosure of personal data.
Categories of Personal Data We Currently Collect and Have Collected within the Past 12 Months: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you.
Business or Commercial Purpose for Collecting and Using Personal Information: We collect personal data for the business purposes described in the “What Information About You Do We Collect and How Do We Use It?” section above.
Categories of Sources of Personal Information: We collect personal data from you and the sources described in the “What Information About You Do We Collect and How Do We Use It?” section above.
Categories of Third Parties With Whom We Share Personal Data: We may share your personal data with the third parties as described in the “Will We Share Your Information With Other Parties?” section above.
Sale of Personal Data: We do not sell your personal data.
California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. We will not discriminate against you if you choose to exercise your rights under the CCPA.
Right to Know: You may request access to the specific pieces of personal data we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal data we have collected about you, the sources of such collection, the categories of personal data we share for a business or commercial purpose, and the categories of third parties with whom we share your personal data. You may make these requests by emailing us at info@sitaspellmusic.com . After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
Deletion: You may request that we delete the personal data we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these emailing us at info@sitaspellmusic.com . After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to deleting your data in order to protect your privacy and security. If you request to delete your personal data, certain of our products and services may no longer be available to you.
Does This Policy Apply Outside of the United States?
We comply with United States privacy laws and regulations. Except as set out below, we do not represent that the Sites are governed by or operated in accordance with the laws of other nations, or that the Sites or the Services are appropriate or available for use in any particular location. If you choose to access the Sites or the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. Except as set out below, by using any part of the Sites or the Services, visitors to the Sites from outside the United States acknowledge and agree that the Sites are subject to the United States laws and regulations, and waive any claims that may arise under their own national laws.
How can you contact us with questions about this Policy or our privacy practices?
If you have questions about this Policy or our privacy practices, please contact us. Please include your name and your contact information in your mail or e-mail correspondence.
Email address:
Attn: www.SitASpellMusic.com
E-mail: info@sitaspellmusic.com
© 2024 Sit A Spell Music, LLC. All Rights Reserved.