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PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the "Terms
& Conditions") govern your use of the Motorious Records Web site (the
"Site"), as provided by Motorious Records ("Motorious",
"we" or "us"). By using this Site, you ("You")
and other users of the Site (collectively, "Users") are deemed to
have agreed to these Terms and Conditions. If you do not agree to these Terms
and Conditions, you may not access or otherwise use the Site. You should check
these Terms and Conditions periodically for modifications. By using the Site
following any modifications to the Terms and Conditions, you agree to be bound
by any such modifications.
Modifications
to the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate,
change, suspend or discontinue any aspect of the Site, including, but not limited
to, Content, features or hours of availability. We may also impose limits on
certain features of the Site or restrict your access to part or all of the Site
without notice or penalty.
User Conduct
You warrant and agree that, while using the Site, you shall not upload, post
or transmit to or distribute or otherwise publish through the Site any materials
which: (a) are protected by copyright, or other proprietary or intellectual
property right, or derivative works with respect thereto, except as provided
herein or without first obtaining permission from us, (b) are unlawful, threatening,
harassing or profane, (c) restrict or inhibit any other user from using and
enjoying the Site, (d) constitute or encourage conduct that would constitute
a criminal offense or give rise to civil liability, or (e) contain a virus or
other harmful component, advertising of any kind, or false or misleading indications
of origin or statements of fact. You also warrant and agree that you shall not:
(a) impersonate, or misrepresent your affiliation with, any other person or
entity, (b) harm minors in any way, (c) upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information or other material obtained
through the Site for commercial purposes (other than as expressly permitted
by the provider of such information or other material), (d) engage in spamming,
spoofing or flooding; (e) attempt to gain unauthorized access to other computer
systems through the Site, or (f) harvest, collect or store information about
the users of this Site or the Content posted by others on this Site. You may
not upload, post, publish, reproduce, transmit or distribute in any way any
component of the Site itself or derivative works with respect thereto, as the
Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation
to monitor the Site. You acknowledge and agree, however, that we do retain the
right to monitor the Site and to disclose any information as necessary or appropriate
to satisfy any law, regulation or other governmental request, to operate the
Site properly, or to protect ourselves or our users. We will not intentionally
monitor or disclose any private electronic-mail message unless required by law.
We reserve the right to refuse to post or to remove any information or materials
from any portion of the Site, in whole or in part, that, in our sole discretion,
are unacceptable, undesirable, inappropriate or in violation of these Terms
and Conditions.
By posting information,
data, text, music, sound, photographs, graphics, video, messages or other materials
("Content"), in or otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service that may be
available to you on or through this Site, you agree that you are the sole responsible
person from which such Content originated and that you have the right to post
such Content.
You understand
that the technical processing and transmission of the Site, including Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Motorious
assumes no responsibility for the transmission, deletion or failure to store
postings or other information submitted by you or other users to Motorious.
Any or all postings
on the Site may be purged periodically in Motorious’s sole discretion.
You acknowledge and agree that Content you view or post is at your own discretion
and risk, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you will not rely on any
Content created by Motorious or submitted to Motorious. You further acknowledge
and agree that the views expressed by you and other users of the Site do not
necessarily reflect the views of Motorious, and Motorious does not support or
endorse any Content or otherwise posted by you or any user.
Proprietary Rights
As between you and Motorious, (including our affiliates), Motorious is the owner
and/or authorized user of any trademark, registered trademark and/or service
mark appearing on the Site, and is the copyright owner or licensee of the content
and/or information on the Site, unless otherwise indicated. Except as otherwise
provided herein, use of the Site does not grant to you a license to any content,
features or materials you may access on the Site. Any commercial use of the
Site is strictly prohibited, except as allowed herein or otherwise approved
by us. You may not download or save a copy of any of the content or screens
for any purpose except as otherwise provided by Motorious. You may, however,
print one (1) copy of the information on the Site solely for your personal use
or records. If you make other use of the Site, except as otherwise provided
above, you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to liability
for such unauthorized use. We do not grant any license or other authorization
to any user of our trademarks, registered trademarks, service marks, other copyrightable
material or any other intellectual property, by including them on the Site.
User’s
Grant of Limited License
By submitting or sending information or other material to Motorious
you grant Motorious the royalty-free, unrestricted, world-wide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed.
In operating this Site, Motorious may seek Content that originates with you
and other Site users. Notwithstanding the foregoing, Motorious does not solicit
nor does it wish to receive any confidential, secret or proprietary information
or other material from you through the Site or Motorious’s mail and email
addresses, or in any other way. Any information or material submitted or sent
to Motorious will be deemed not to be confidential or secret. By submitting
or sending information or other material to Motorious you represent and warrant
that the information is original to you and that no other party has any rights
to the material. You also agree and acknowledge that any ideas, concepts, methods,
systems, designs, plans, techniques or other similar materials that you submit
or otherwise communicate to the Site, may be used by us in any manner.
You also warrant
that any "moral rights" in posted materials have been waived.
End User
License
User hereby acknowledges and agrees that as a material condition to User’s
right to access the Site
1. User shall not
reproduce, distribute, transmit or otherwise disseminate, by any means, any
material downloaded from the Site or any adaptations therefrom. User’s
right to access and operate the Site is solely for User’s own, personal
use and User shall not at any time make, offer, distribute or disseminate any
materials taken from the Site, in whole or in part, for any purpose, commercial
or noncommercial.
2. User shall not
acquire any rights of any kind whatsoever, in any media, in and to any mixes,
adaptations or other uses of the Site and to the extent that User could be considered
under any law now or hereafter existing to have any such right, of a derivative
nature or otherwise, User hereby unequivocally assigns any and all such rights
throughout the universe in all media now known or hereafter developed to Motorious
or its licensors.
Any violation in
whole or in part of any of these conditions to access of the Site shall render
any use made thereof by User unauthorized and infringing and, without limiting
any remedies that Motorious or any other party may have, User shall be liable
for statutory damages to the maximum permitted by applicable law, along with
other remedies available under the laws, including copyright laws, of the United
States and other countries.
USER HEREBY ACKNOWLEDGES
AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER’S
ACCESS OF THE SITE.
User Information
In the course of your use of the Site, you may be asked to provide certain information
to us. Motorious’s use of any information you provide shall be governed
by the Privacy Policy. We urge you to read our Privacy
Policy. You acknowledge and agree that you are solely responsible for the
accuracy and content of such information.
No Confidentiality
You agree and acknowledge that by using this Site, any and all communications
and/or information transmitted by you to the Site will not be treated as confidential
or proprietary. Please read our Privacy Policy for
more information.
Security
You understand and acknowledge that no data transmission over the Internet can
be guaranteed to be 100% secure and we cannot guarantee that any personal information
you submit to us will be free from unauthorized third party intrusion. You understand
and agree that all information you submit to Motorious or post to the Site is
done so at your own risk.
Internet
Access
You acknowledge and agree that in connection with your use of the Site you must:
(a) provide for your own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary for you
to make such connection to the World Wide Web, including a computer, software,
a modem and a working telephone line. Motorious shall not be responsible for
any malfunctions, errors, crashes or other adverse events that may occur from
your use of the Site.
Failure to
Comply With Terms and Conditions and Termination
Your access to the Site may be terminated at any time, and without cause, by
either Motorious or you, upon notification to the other by e-mail.
You acknowledge
and agree that we may deny you access to all or part of the Site without prior
notice if you engage in any conduct or activities that we, in our sole discretion,
believe violate any of these Terms and Conditions, violate the rights of Motorious,
or are otherwise inappropriate for continued access.
You agree to defend,
indemnify and hold Motorious, its directors, officers, employees, agents and
affiliates harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from your use of the
Site or the placement or transmission of any message, information, software
or other materials on or through the Site by you.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS MATERIALS AND
SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Motorious DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT
OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. Motorious MAKES NO WARRANTY THAT THE
SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Motorious OR THROUGH THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Motorious DOES
NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED
BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. Motorious IS NOT A
PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY
PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF Motorious.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL Motorious, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE
CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN
IF Motorious OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
TOTAL LIABILITY OF Motorious TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE
AGGREGATE, $100.00.
Links from
and to the Site
You may be able to link to third party Web sites ("Linked Sites") from the Site.
Linked Sites are not, however, reviewed, controlled or examined by Motorious
in any way and Motorious is not responsible for the content, availability, advertising,
products, information or use of user information or other materials of any such
Linked Sites, or any additional links contained therein. These links do not
imply Motorious’s endorsement of or association with the Linked Sites.
It is your sole responsibility to comply with the appropriate terms of service
of the Linked Sites as well as with any other obligation under copyright, secrecy,
defamation, decency, privacy, security and export laws related to the use of
such Linked Sites and any content contained thereon. In no event shall Motorious
be liable, directly or indirectly, to anyone for any loss or damage arising
from or occasioned by the creation or use of the Linked Sites or the information
or material accessed through these Linked Sites. You should direct any concerns
to that site's administrator or Webmaster. Motorious reserves the exclusive
right, at its sole discretion, to add, change, decline or remove, without notice,
any feature or link to any of the Linked Sites from the Site and/or introduce
different features or links to different users.
Other sites may
link to the Site only through a plain-text link. Permission must be granted
by us for any other type of link to Motorious. To seek our permission, you may
write to Motorious. We reserve the right, however, to deny any request or rescind
any permission granted by us to link through such other type of link, and to
require termination of any such link to the Site, at our discretion at any time.
Copyright
Agent
If you believe that your work has been copied in a way that constitutes
copyright infringement, please forward the following information to the Copyright
Agent named below:
- Your address,
telephone number, and email address;
- A description
of the copyrighted work that you claim has been infringed;
- A description
of where the alleged infringing material is located;
- A statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- An electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; and
A
statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Director
of Business Affairs
Motorious Records
P. O. Box 60 63 31
22255 Hamburg
contact@motoriousrecords.com
Applicable
Law/Jurisdiction
You agree that the laws of the state of Tennessee, excluding its conflicts-of-law
rules, shall govern these Terms and Conditions. Please note that your use of
the Site may be subject to other local, state, national, and international laws.
You expressly agree that exclusive jurisdiction for any claim or dispute with
Motorious or relating in any way to your use of the Site resides in the courts
of Tennessee, and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of Tennessee, in connection with any such
dispute and including any claim involving Motorious, or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers and
content providers.
We control and
operate the Site from our offices in the United States of America. We do not
represent that materials on the Site are appropriate or available for use in
other locations. Persons who choose to access the Site from other locations
do so on their own initiative, and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
Consent
to Processing.
By providing any personal information to the Site, all users, including without
limitation users in the European Union, fully understand and unambiguously consent
to the collection and processing of such information in the United States.
Any inquiries concerning
these Terms and Conditions of use should be directed to the Copyright Agent
referred to above.
©
2004 Motorious MUSIC, GbR ALL RIGHTS RESERVED.
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