PRIME VIBE MUSIC
UPDATED: June 6, 2021
Hi. I’m Walt Pitts, and I love making music. Thanks for stopping by.
I’m a musician in the Phoenix area. I play the guitar and mandolin, and I sing – including My own original songs. People typically hire me to perform at bars, restaurants, dinner parties, special events, and weddings, but I’m open to discussing all type of musical opportunities, both in and outside the Phoenix metro area.
Please contact Me at Walt@PrimeVibeMusic.com or 602-560-5621 to discuss my availability to perform at Your event and My rates. It’s best to contact Me at least at least a few days before Your event, but if I can swing it, I’ll be ready for Your event within an hour if You’re nearby!
My company is Versatile Professional Mobile Music, LLC; d/b/a Prime Vibe Music. For the sake of simplicity, “I,” “Me,” and “My” refer to Me, Walt Pitts and Prime Vibe Music; “You” and “Your” refers to you; You and I and each referred to as a “Party” and collectively the “Parties;” and “Site” refers to this website, https://primevibemusic.com. If You do not wish to agree to these terms of service and/or My Privacy Policy (which make up this “Agreement” between You and Me), please refrain from using the Site.
If You have any questions or concerns related to this Site or My music, please contact Me at Prime Vibe Music, 7921 West Lone Cactus Drive, Peoria, AZ 85382; 602-560-5621; or via email at Walt@PrimeVibeMusic.com.
1. Hiring Me
This should be self-explanatory, but if You book Me to play at Your event, that means I’m not available to play for anyone else. Thus, I have to decline other invitations for work if it conflicts with My commitment to You.
When You hire Me, You don’t just pay for My time and talents, You also pay for My commitment to You. As such, while I accept gigs with only a few days or even a few hours of notice, no refunds are given for cancellations unless it is received at least two weeks in advance. I may require up to a 50% advance deposit with payment in full due at the performance.
I accept checks made out to Prime Vibe Music, cash, and I can process payments, including debit and credit cards, through PayPal or Infusionsoft, on or offline.
2. Your Interaction with Site
If You use this Site to subscribe to My free newsletter, or to use Our general contact form, You must provide accurate information about yourself. You may not use this Site to sign up other people without their consent.
I enjoy interacting with people who enjoy my music. All testimonials on this Site are posted with the person’s permission.
3. Links
I may provide links to other websites on this Site. Providing a link, however, is not an endorsement. I am not responsible for any material on any site that I do not own or control. You assume all risk by following a link, I cannot provide any guarantee that any website I link to will be accurate or available.
4. Copyrights and Trademarks
I retain My copyright rights in all of My recordings and original songs. When You purchase a copy of My work, You purchase a license for personal use only per the terms of Your music provider. If Your interested other licenses to use My music, please send me an email at Walt@PrimeVibeMusic.com. I’d love to hear about Your ideas.
If you have any problems downloading My music, please contact Me if You obtained it through this Site. Otherwise, You’ll have to contact Your music provider.
“Prime Vibe Music” is a trademark for Versatile Professional Mobile Music, LLC and may not be used without My explicit written permission.
Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties. (My lawyer made Me put this in.)
5. Digital Millennium Copyright Act (DMCA) Policy
If You believe that Your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact Our DMCA Agent at the following address:
Versatile Professional Mobile Music, LLC
Attn: DMCA/Copyright Agent
7921 West Lone Cactus Drive
Peoria, AZ 85382
Walt@PrimeVibeMusic.com
I will comply with all properly submitted DMCA takedown and counter takedown notices.
My lawyer says I have to include these terms in this Agreement. She’s cool, but still a lawyer.
6. Dispute Resolution
By using this Site, You agree that any claim, dispute, or controversy You may have against Me arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site. By using this Site, You consent this venue, jurisdiction, and choice of law.
In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing Party’s attorneys’ fees will be paid by non-prevailing Party in addition to any damages assessed against them.
7. Modified Terms of Service
I reserve the right at any time to modify the terms of this Agreement as I deem necessary or desirable. (I don’t expect to make many changes, but I may have to change these terms to reflect changes in the Site.) I may notify You of changes by posting notice of the change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to this Agreement will be effective upon the changes being made to this document.
I suggest, therefore, that You re-read this Agreement periodically in order to stay informed as to any such changes. The date at the top of this Agreement will inform You of the date of the most recent change. Any use of the Site by You after the changes shall be deemed to constitute acceptance by You of such modifications.
8. Indemnification
You agree to defend, indemnify, and hold harmless Me, My affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with the Site.
To the extent permitted under applicable laws, You hereby release Me from any and all claims or liability related to any product or service provided through this Site.
9. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER I, MY AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. I HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
11. Miscellaneous
This Agreement shall constitute the entire agreement between You and Me with respect to the subject matter in these documents. No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the Parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either Party to exercise any of their rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
12. Termination
If You violate this Agreement, I may terminate this Agreement with You at any time. (I don’t foresee a situation where I’ll need to rely on this provision, but my lawyer told Me to include it.) Termination may occur without notification and without a refund to the User. The provisions of the following sections will survive termination of this Agreement: User Interaction with Site, Copyrights and Trademarks, Indemnification, Dispute Resolution, Warranty Disclaimer, Limitation of Liability, Miscellaneous as well as My Privacy Policy. I shall not liable for any damages for terminating You.
