1. Acceptance of Terms
3. Intellectual Property
4. Your Conduct
5. Comments, Communications and Other Content
8. Disclaimer of Warranties
9. Limitation of Liability
11. Site Security
12. Termination Of Use
13. General Information
1. Acceptance of Terms
Additionally, the Websites may themselves contain additional terms, codes of conduct or guidelines that govern use of those websites, including without limitation, particular features or offers (for example, free trials, sweepstakes or chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained within any Website, then these Terms shall control. Your use of the Websites constitutes Your Agreement to the Terms and any additional terms.
The Terms are entered into by and between AV8 Records and You. Any reference herein to AV8 Records shall be deemed to refer to AV8 Records and/or the Websites, as applicable under the circumstances. The products offered for sale or rent and other on-line resources accessible via the Websites, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Websites.
AV8 Records, and any third-party providers of content to the Websites, may make improvements and/or changes to the Websites including the products, programs, services and prices that are offered or described on the Websites, at any time, without prior notice. In addition, AV8 Records does not warrant that the products offered on the Websites are available to be shipped to all customers or that product descriptions or other content of the Websites is accurate, complete, reliable, current or error-free. If a product offered on the Websites is not as described, Your sole remedy is to return the product in unused condition.
AV8 Records reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and Your continued use of the Websites constitutes Your agreement as to all such updated or modified terms.
3. Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Websites (collectively, the “Content”) are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by AV8 Records or by third parties (the “Third Party Providers”) who have provided materials to AV8 Records, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and AV8 Records owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AV8 Records or the Third Party Provider. No part of the Websites may be reproduced or retransmitted in any way, or by any means, without the express written permission of AV8 Records. You also may not, without AV8 Records’s prior express written permission, “mirror” any of the Content contained on the Websites on any other server.
AV8 Records is committed to respecting others’ intellectual property rights, and we ask our users to do the same. AV8 Records may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Websites, please contact our copyright agent as described in our copyright policy.
Nothing on the Websites shall be construed as conferring any license under any of AV8 Records’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download AV8 Records’s Content on the Websites for Your personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on the Websites may be used only as a shopping or rental resource. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
AV8 Records has not independently authenticated content provided by Third Party Providers in whole or in part. AV8 Records does not provide, sell, license, rent or lease any of the Content other than those specifically identified as being provided by AV8 Records.
4. Your Conduct
You agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through the Websites any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by AV8 Records to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.
5. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to AV8 Records on or by the Websites or otherwise disclosed, submitted or offered in connection with Your use of the Websites (collectively, the “Comments”) shall be and remain AV8 Records’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AV8 Records of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AV8 Records will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. AV8 Records is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Websites will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Websites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
The Websites may provide, or third parties may provide, links to other Internet sites or resources. Because AV8 Records has no control over such sites and resources, You acknowledge and agree that AV8 Records is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. AV8 Records will 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 site or resource.
The Websites may be linked to other websites that are not under the control of and are not maintained by AV8 Records. AV8 Records is not responsible for the content of those sites. AV8 Records is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by AV8 Records of those sites.
You agree to indemnify and hold AV8 Records, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Websites.
8. Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY AV8 Records ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. AV8 Records DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. AV8 Records MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. AV8 Records MAY MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL AV8 Records OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITES.
AV8 Records MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AV8 Records OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. AV8 Records’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AV8 Records IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF AV8 Records HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITES AND WILL NOT MAKE A CLAIM AGAINST AV8 Records FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD AV8 Records HARMLESS FROM, AND YOU COVENANT NOT TO SUE AV8 Records FOR, ANY CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
11. Site Security
You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AV8 Records will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from AV8 Records on the Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
12. Termination of Use
AV8 Records, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Websites, and remove and discard any Content on the Websites, for any reason, including, without limitation, for lack of use or if AV8 Records believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Websites under any provision of the Terms may be effected without prior notice, and AV8 Records may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Websites. Further, AV8 Records will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to the Websites.
13. General Information
The Terms constitute the entire agreement between You and AV8 Records and govern Your use of the Websites, superseding any prior agreements between You and AV8 Records (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other AV8 Records services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to AV8 Records for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AV8 Records will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if AV8 Records seeks such an injunction.
Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and AV8 Records agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
AV8 Records controls and operates the Websites from its headquarters in New York NY, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use the Websites from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
The failure of AV8 Records to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms 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 the other provisions of the Terms remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior or contemporaneous, conflicting, or additional, communications.