Terms and Conditions for
TheRecordingArtist.com, TERMS AND CONDITIONS
These terms and conditions (herein referred to as the “Terms”) govern your access to and use of TheRecordingArtist.com (herein referred to as “TRA”) website and mobile application. By accessing or using TRA you are agreeing to these Terms and entering into a legally binding contract with Verma Boyles, L.L.C., (herein referred to as “VB”) who is the sole owner of TRA. Do not access or use TRA if you are unwilling or unable to abide by the Terms. Any references to “you” and “your” refer to you, as a user of TRA. Any references to “we”, “us” and “our” refer to Verma Boyles, L.L.C.
1. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to modify the Terms at any time. When changes are made, we will make the revised Terms available on this website. As a user and/or member, you should review these Terms regularly. Any modification of the Terms will be effective once posted on this website. You hereby agree that your continued access to and/or use of TRA after any posted modification to the Terms indicates your acceptance of the modified Terms.
2. USING TRA
A. Permission to Use TRA: We grant you permission to use TRA subject to these Terms. We may terminate said permission to use TRA for any conduct that we consider to be inappropriate, or for your breach of these Terms, (see Restrictions listed in paragraph 5). Your use of TRA is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Site Availability: TRA and it’s paid subscription rates may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to VB.
C. User Accounts: You need to register to use portions of TRA. While registering, we may require that you change any user name, password or other information that you provide to us during registering. Your user name and password should be kept confidential; you are responsible for any use of your user name and password. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever.
A. Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless VB and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any reason whatsoever.
B. VB’s Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through TRA, you are granting VB a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
C. Ownership: All material on TRA, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to VB and is protected by copyright, trademark, and other intellectual property rights. Material on TRA is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of VB.
The following rules, policies, and disclaimers shall apply to and/or govern your use of TRA (including, without limitation, any chat rooms, or other online services provided on this website). We do not monitor the postings and are not responsible for the content of any postings. If you feel that any posting is objectionable, contact VB directly. We will remove any content we deem objectionable.
A. You agree not to, and will not assist, encourage, or enable others to use TRA to:
i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
ii. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without VB’s prior written consent
v. Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming; or
ix. Impersonate any other individual or entity.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying TRA (for examples, by means of hacking or defacement);
ii. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of TRA;
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of TRA or on any materials printed or copied from TRA;
iv. Record, process or mine information about other users;
v. Reformat or frame any portion of TRA;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on VB’s technology infrastructure or otherwise make excessive traffic demands of TRA;
vii. Attempt to gain unauthorized access to TRA, user accounts, computer systems or networks connected to TRA through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of TRA, or otherwise attempt to interfere with the proper working of TRA;
ix. Use TRA to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, TRA; or
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of TRA, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of TRA.
6. THIRD PARTIES
TRA may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, VB does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
You agree to indemnify, defend and hold harmless VB and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of TRA, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with TRA, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. VB reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
8. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VERMA BOYLES, L.L.C. AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. TRA IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF TRA IS AT YOUR OWN DISCRETION AND RISK. VB MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF TRA, ITS SAFETY OR SECURITY, OR CONTENT. ACCORDINGLY, VB IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF TRA.
B. VB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF TRA.
C. VB, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO TRA OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH TRA, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF TRA.
D. VB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON TRA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRA OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. VB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON TRA OR ANY THIRD PARTY SITE.
F. VB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON TRA WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON TRA.
9. VOID WHERE PROHIBITED
Although TRA is accessible worldwide, not all products or services discussed or referenced on TRA are available to all persons or in all geographic locations. VB reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in TRA is void where prohibited.
10. MAKING PURCHASES
If you wish to purchase products or services described on TRA, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. VB will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. VB does not offer refunds. All sales of digital content are final.
11. RULES FOR PROMOTIONS
12. CHOICE OF LAW AND VENUE
These Terms shall be governed by, and construed in accordance with, the laws of the State of Arizona, exclusive of its choice of law rules. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
13. GENERAL TERMS
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of TRA, and supersede any prior agreement between you and us on such subject matter.
The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through TRA.
D. Any failure by VB to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not assignable, transferable or sub-licensable by you except with VB’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
F. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14. DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that TRA should be notified of a possible online copyright infringement involving TRA’s Site, please notify TRA's designated agent: Verma Boyles L.L.C.