Effective as of May 1, 2006
General Terms and Conditions
By using the products and services, you are agree, without limitation or qualification, to be bound by, and to comply with the Terms and Conditions applicable to Vinyl Breakers.
Conditions of Use
Use of products or services is subject to compliance with these Terms and Conditions. You shall be authorized to use the products or services for personal and or commercial use only. You acknowledge and agree that Vinyl Breakers may terminate your access to the vinylbreakers.com servers or to any of the products or services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Vinyl Breakers. Any such termination shall be in Vinyl Breakers" sole discretion and may occur without any notice. Vinyl Breakers further reserves the right to terminate any user"s access to Vinyl Breakers or to any of the Products or services for any conduct that Vinyl Breakers believes is or may be directly or indirectly harmful to other users or its subsidiaries, affiliates, or business contractors or for any conduct that violates any local, state, federal, or foreign laws and or regulations. Vinyl Breakers does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. You acknowledge and agree that Vinyl Breakers and its entities shall have the right to refuse to publish, remove, or block access to any content that is available via the Products or services at any time, for any reason, with or without notice. Vinyl Breakers may also terminate access to, or membership in Vinyl Breakers or any portion thereof for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any Content , including any reliance on the accuracy, completeness, or usefulness of such Content . You expressly acknowledge and agree that Vinyl Breakers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms and Conditions; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Vinyl Breakers, its users and the public. You acknowledge and agree that the technical processing and transmission of the products and services, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Vinyl Breakers with regard to its users may be disclosed in accordance with Vinyl Breakers" Privacy Policy.
License to Intellectual Content
By submitting content on Vinyl Breakers, you warrant and represent that you own the content submitted by you or otherwise have the right to grant the license set forth by law, and that your content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any content you submit to Vinyl Breakers. With respect to any content submitted by or in connection with the products and services, you hereby grant Vinyl Breakers a world-wide, royalty free, perpetual license, alone or together or as part of other information, content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, create compilations, create derivative works of, distribute and otherwise exploit such content, to publish and promote such content in connection with the particular Products or services (including, without limitation for advertising and promotional purposes), to publish and promote such content elsewhere within Vinyl Breakers and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.
Disclaimer of Warranties
THE PRODUCTS OR SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VINYL BREAKERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VINYL BREAKERS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS OR SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. VINYL BREAKERS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VINYL BREAKERS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. VINYL BREAKERS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. VINYL BREAKERS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL VINYL BREAKERS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER"S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF VINYL BREAKERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, VINYL BREAKERS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARTIST PAGES OR OTHER CONTENT STORED THROUGHOUT VINYL BREAKERS. UNDER NO CIRCUMSTANCES SHALL VINYL BREAKERS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Advertisers and Content Linked to Vinyl Breakers
You acknowledge and agree that Vinyl Breakers and the are not responsible for the availability of such external web sites or resources, and do not endorse and are not responsible or liable for any content , advertising, products, or other materials on or available from such web sites or resources related to Vinyl Breakers. You further acknowledge and agree that Vinyl Breakers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Vinyl Breakers Products and services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vinyl Breakers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
License and Intellectual Property of Vinyl Breakers and Others
Except as expressly provided, nothing within any of the products or services shall be construed as conferring any license under any of Vinyl Breakers" or any third party's intellectual property rights. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Vinyl Breakers and the Products or services is protected by copyright, trademark, patent, or other proprietary rights of Vinyl Breakers or its affiliates, licensors (including without limitation to artists, deejays, record labels and other), and other service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Vinyl Breakers in connection with the products and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Vinyl Breakers, any of Vinyl Breakers" affiliates, or any of Vinyl Breakers" service providers. You agree not to use any of the trademarks or service marks or other content accessible through Vinyl Breakers for any purpose other than the purpose for which such content is made available to users by Vinyl Breakers. You agree not to defame or disparage Vinyl Breakers, the trademarks or service marks of Vinyl Breakers, or any aspect of the products and services.
Linking to Vinyl Breakers and Corporate Logo Use
Vinyl Breakers offers a non-assignable, non-transferable, and non-exclusive license to link to Vinyl Breakers web sites, using Vinyl Breakers logos, subject to the following provisions. Vinyl Breakers logos may be placed on a Web site for the sole purpose of creating a link to Vinyl Breakers and allowing users of your web site to access the Products or services on vinylbreakers.com. Vinyl Breakers logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Vinyl Breakers and may only be used in the exact size, shape, colors, design, and configuration. Vinyl Breakers logos may not be altered in any manner. Vinyl Breakers logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Vinyl Breakers logos may not be used to disparage Vinyl Breakers, its products or services, or in a manner which Vinyl Breakers" reasonable judgment, or which may diminish and or otherwise damage Vinyl Breakers". By using Vinyl Breakers logo, you acknowledge that Vinyl Breakers has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Vinyl Breakers. Vinyl Breakers reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Vinyl Breakers reserves the right to take action against any use that does not conform to these provisions.
Indemnity and Release of Liability
By using the Vinyl Breakers web site you agree to indemnify Vinyl Breakers and their officers, employees and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Vinyl Breakers network, your use of the products and services, or your submission of ideas and/or related materials to Vinyl Breakers. By using Vinyl Breakers, using the products and services, or submitting any ideas and/or related materials to Vinyl Breakers, you are hereby agreeing to release Vinyl Breakers and its parents companies, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products or services or to any disputes regarding use of ideas and/or related materials submitted to Vinyl Breakers. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Vinyl Breakers or the products or services must be filed within 30 days after such claim or cause of action arises, or forever be barred.
Copyright, Trademarks and Patents
All other marks that appear throughout the products or services belong to Vinyl Breakers, the artists, deejays, record labels and other featured on Vinyl Breakers, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the products or services without the express written consent of Vinyl Breakers or the owner of the mark, as appropriate, is strictly prohibited. Vinyl Breakers may provide, or third parties may provide, links to other web sites or resources located on the World Wide Web by allowing a user to leave Vinyl Breakers to access third-party material or by bringing the third party material into this web site via "inverse" hyperlinks and framing technology. Vinyl Breakers have no control over such web sites and resources. You acknowledge and agree that Vinyl Breakers are not responsible for the availability of such external web sites or resources, and do not endorse and are not responsible or liable for any content , advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that Vinyl Breakers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content , goods or services available on or through any such web site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Vinyl Breakers products and services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vinyl Breakers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
Intellectual Property Infringement Claims
It is the policy of Vinyl Breakers to respond expeditiously to claims of intellectual property infringement. Vinyl Breakers will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Vinyl Breakers will act expeditiously to remove any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove access to any reference or link to material or activity that is claimed to be infringing. Vinyl Breakers will terminate access for artists, deejays, record label and other who are repeat infringers.
Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other rights of Vinyl Breakers and its proprietors, Vinyl Breakers reserves the right to pursue any and all legal and equitable remedies against you. These Terms and Conditions shall continue in effect for as long as you use the products and services. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, successors and assigns. You acknowledge and agree that you and Vinyl Breakers are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Vinyl Breakers" failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. Vinyl Breakers reserves the right to modify the products or services from time to time, for any reason and without notice, including the right to terminate the products and services. Vinyl Breakers reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
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