[vc_row][vc_column offset=”vc_col-lg-offset-2 vc_col-lg-8 vc_col-md-offset-2 vc_col-md-8″][vc_column_text]The following terms and conditions (the “Terms of Service”) govern your use of the Company’s Website. These Terms of Service create a binding legal agreement between you and the Company regarding your use of the Website. Your access to the Website is subject to these Terms of Service. The company reserves the right to suspend or terminate accounts used for an activity prohibited by these Terms of Service. The company additionally reserves the right to update and change the Terms of Service by posting updates and changes to the Website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Non-exclusive; Non-commercial use.
The Website is offered to you on a non-exclusive basis for your sole, personal, non-commercial use.
To use the Website, you must have reached the age of majority in the state or country in which you reside, be no less than eighteen (18) years of age, be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and be able to abide by and comply with these Terms of Service.
No Illegal, Unintended or Unauthorized Use.
You may access the Website solely for the intended purpose of the Website, through the normal functionality of the Website. You may not use the Website for any illegal or unauthorized purposes. You may not use the Website in a way that could damage its content or impair its operation in any way. You agree not to access, or attempt to access, any portion of the Website by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so in a separate agreement by Company. You specifically agree not to access or attempt to access, any portion of the Website through any automated means, including the use of scripts or bots. You also understand that by using the Website you may be exposed to content created by third parties, including but not limited to content created by advertisers, or content that you might find offensive, indecent or objectionable.
Company owns and retains all right, title and interest in and to the Website, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front and backend systems, visual design, Internet website and accompanying databases. These Terms of Service do not transfer any ownership rights in any of the foregoing to you or any third party. All of the content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, trademarks, service marks, trade dress and logos contained herein (marks), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you on an “as is” basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders.
In order to access certain features of the Website, you must create and/or log into a user account of your own. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account. You are also responsible for maintaining the security of your account password, as well as the passwords of any third-party services that you may have elected to link to your account. You agree to notify Company immediately of any breach of security or unauthorized use of your account. Company reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
The Website may provide you with the ability to post comments or share content (“User Content”). You grant to Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Website. In addition, you represent, warrant and agree that you own or have all licenses and rights to use and to authorize Company to enable, use, display, and distribute User Content. The company reserves the right to remove any material you post at any time and for any reason. User Content that constitutes inappropriate or illegal behavior, including without limitation, abusive, defamatory, obscene, or racist comments, or posts that violate local rules regarding online conduct are strictly prohibited. The company reserves the right to take down all such User Content. Company further reserves the right to take down User Content that is reported as spam or User Content that creates technical issues.
You hereby agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. The company may remove content and accounts containing content that Company determines in Company’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any third party’s intellectual property or other legal rights.
It is Company’s policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the “Act”). This paragraph lists Company’s requirements under the Act for notice of copyright infringement and for responses to such a notice if you or your materials are allegedly infringing. As explained in more detail below, the Act requires the removal or disabling of access to content claimed to be, or reasonably determined by Company, the subject of infringing activity. If the Act requires content to be removed from the Company’s Website, Company will promptly remove the content.
Notice of Copyright Infringement.
If you believe that content on the Website violates any of your exclusive rights under Act, you must send a written communication to Company’s Copyright Agent, which includes, at a minimum, the following:
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material(s) claimed to be infringing or claimed to be the subject of infringing activity, along with reasonably sufficient information to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number and, if available, an e-mail address.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The following statement: “I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law.”
- The following statement: “The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Upon receipt of a notice of an infringement, Company will respond expeditiously and remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. The company’s Copyright Agent will take reasonable steps to promptly notify the uploader of the allegedly infringing content. The company has no other role to play either in prosecuting or defending claims of infringement and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Pursuant to the Act, you may be liable for damages, including court costs and attorneys fees if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on Company’s Website infringes your copyright, Company urges you to first consult an attorney.
If Company has removed your content from the Website due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to Company’s Copyright Agent, which includes, at a minimum, the following:
- Identification of the content that has been removed from Website or to which access has been disabled.
- Information reasonably sufficient to permit Company to contact you, including at a minimum address, telephone number and an e-mail address.
- A physical or electronic signature from you or from a person authorized to act on your behalf.
- The following statement: “Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- The following statement: “The information in this notification is accurate, and I swear, in good faith and under penalty of perjury, that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” If you have served a counter notification complying with the above requirements, please be aware that Company will promptly provide the person who provided the initial statement alleging infringement with a copy of the counter notification and will inform such person that Company will replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days. Company will then replace the removed material and cease disabling access to within ten (10) to fourteen (14) business days following receipt of the counter notice unless the copyright owner delivers to Company’s Copyright Agent notice that it has filed an action seeking a court order. If Company receives a notification from a copyright holder who has procured an enforceable injunction prohibiting Company from providing access to allegedly infringing material, Company will follow the requirements of the injunction.
Other Types of Infringement.
The policies and processes outlined above are applicable to copyright only. If you discover any content that you believe to be in infringement of any other intellectual property rights or in violation of Company’s Terms of Service, please contact [email protected].
Limitation of Liability; Disclaimer of Warranties; Indemnification.
- The Website may include content created and uploaded by third parties. Because Company has no control over such content, you acknowledge and agree that Company is not responsible for and does not assume responsibility or accept liability for any music files, content, advertising, products or other materials on or made available by third parties through its Website, including without limitation User Content. You further acknowledge and agree that Company shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such music files, content, goods or services available on or through any such site or resource. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE WEBSITE; (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE COSTS GOODS AND SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
- You expressly understand and agree that:
- Your use of the Website is at your discretion and risk. The Company disclaims any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from accessing information or material on the Internet using the Website. The Website is provided on an “as is” and “as available” basis. Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the Website will meet your requirements; the Website will be uninterrupted, timely, secure or error-free; the result that may be obtained from the use of the Website will be accurate or reliable; the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations; or that any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from m the download of any such material
- COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- You hereby agree to defend, indemnify and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including court costs and reasonable attorneys’ fees, made by any third party due to or arising out of links you submit, post, transmit or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another party.
- These Terms of Service constitutes the entire agreement between you and Company with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
- In the event that any provision or part of these Terms of Service shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
- Company reserves the right, in Company’s reasonable discretion, to make modifications to these Terms of Service from time to time. Any such modifications will be made by updating and posting a new version on the Website and notifying you of the revised Terms of Service. In the event that Company makes changes to these Terms of Service, Company will provide you with the opportunity to review and approve the terms prior to your continued use of the Website. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Website.
- The provisions of these Terms of Service are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that Company shall have the right to assign these Terms of Service and/or any of the rights herein and these Terms of Service shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns and legal representatives.
- No failure by either party to pursue any remedy resulting from a breach of any provision of these Terms of Service by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
- Any notice, demand or other communication which may or is required to be given under these Terms of Service must be in writing and must be: (i) personally delivered; (ii) transmitted by United States postage prepaid mail, registered or certified mail, return receipt requested; (iii) transmitted by reputable overnight courier service, such as Federal Express or UPS; (iv) transmitted by legible facsimile, with confirmation of receipt; or (v) transmitted by electronic mail, with confirmation of receipt.
- These Terms of Service shall be governed in accordance with the laws of the State of Colorado, Country of The United States of America, applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the federal and state courts located in Arapahoe County, Colorado, United States of America.