|
|
 |
|
 |
| |
Terms & Conditions
Acceptable Use Policy
|
|
| 1. Introduction |
| 2. Definitions |
| 3. Security |
| 4. Refusal & Termination of Service |
| 5. License |
| 6. Intellectual Property Rights |
| 7. Visitor Representations & Warranties |
| 8. Governing Law, Jurisdiction, & Venue |
| 9. INDEMNIFICATION |
| 10. LIMITATION OF LIABILITY |
| 11. DISCLAIMER OF ALL OTHER WARRANTIES |
| 12. Lawful Purpose |
| |
1. Introduction
This website ("Website") is a property owned by Unveiling Records, Inc. ("Unveiling Records"). The Website and the content herein are provided to you subject to these terms and conditions. This document is a contractual agreement ("Agreement") between you and Unveiling Records™.
The Agreement contains three parts:
(i) the Terms & Conditions,
(ii) the Acceptable Use Policy ("AUP"); and
(iii) the Privacy Policy. As a condition for accessing or utilizing any part of the Website, you hereby agree to all terms of the entire Agreement. Unveiling Records™ may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur:
(1) posting of the modified Agreement to the website, or
(2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.urdrumline.com. |
| |
2. Definitions
"Agreement" means the terms and conditions, acceptable use policy and privacy policy set forth in this document, whether located on the same or different web pages.
"Contest" means any and all contests sponsored by Unveiling Records or which are otherwise accessible on the Website.
"Personally Identifiable Information" means (i) any information that identifies an individual, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or mother's maiden name; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 U.S.C. § 6809(4), and (iii) "protected health information" as defined in the Health Insurance Portability and Accountability Act found at 45 CFR §160.103.
"Unveiling Records" means Unveiling Records, Inc., its, parent companies, affiliates, subsidiaries, general partners, successors, and assigns.
"User" or "you" or "your" refers to any and all individuals, companies, organizations, and other entities who access or use this Website or participate in any Contest in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered, or who request, subscribe to, access, or otherwise use the services and products offered by Unveiling Records™.
"Website" means the website you are viewing at the moment, and also includes any and all websites owned, operated or controlled by Unveiling Records, including, without limitation, www.urlabel.net, www.urlabellatino.com, and www.urdrumline.com. |
| Top |
3. Security
You agree to keep your password confidential and not to distribute it or otherwise allow any one other than you to access your account. Your password is the ultimate key to all of the information in your account, including your email, postings, files, and any other information you have provided to us.
Any communication you make to Unveiling Records™ or any other person or profile on the Website over the Internet, whether sent via e-mail, a form on the Website, or otherwise, should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted. |
| |
4. Refusal & Termination of Service
Unveiling Records™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement. |
| |
5. License
Unveiling Records™ grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, and non-exclusive license to use the software necessary to access, explore and otherwise use the Website in real time and to use the materials in the Website in a manner consistent with Paragraph 7 (Intellectual Property Rights) below. |
| Top |
6. Intellectual Property Rights
Unauthorized duplication of this Website, in whole or in part, or of any content downloaded from the Website is a violation of United States copyright law and international treaties.
A. Copyrights
Unless otherwise stated, Unveiling Records™ owns the copyright in this Website and the content thereof, including, without limitation, all text, graphics, images, video material, audio material, and other content ("Copyright Material"). The Copyright Material is protected by state, federal, and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from this Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.
B. Trademarks
UNVEILNG RECORDS and its corresponding logos designs are trademarks (jointly and severally "Trademarks") owned by or licensed to Unveiling Records™. The Trademarks may not be used in any manner by you or any other person, organization, or entity without the prior express written authorization of an officer or director of Unveiling Records™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
C. Notice and Procedure for Making Claims of Copyright Infringement
|
| Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for Unveiling Records™, Inc.: |
Henry ("Hank") J. Fasthoff, IV
Stumpf Farrimond PC
1400 Post Oak Blvd., Suite 400
Houston, Texas 77056
713.871.0919
hfasthoff@sftxlaw.com |
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
3. A reasonably detailed description of where the alleged infringing material is located on this website;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
| Top |
7. Visitor Representations & Warranties
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Website, products, and services in accordance with this Agreement. Alternatively, if you are between the ages of 13 and 17, inclusive, you must obtain consent from your parent or legal guardian and he/she must agree to be bound by the terms and conditions hereof individually and on your behalf. Users under the age of 13 are not permitted to access or use this Website. You agree to be financially responsible and otherwise responsible for your use of the Website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to
(i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; and
(ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Unveiling Records™ has the right to terminate your account and refuse any and all current or future use of the Website.
You represent and warrant that
(i) you have the right, power and authority to enter into this Agreement, to fully perform its obligations set forth herein and to grant the rights granted herein without the consent or approval of any other person or entity, or that any such consent or approval has been properly obtained;
(ii) you have obtained and paid for any and all required licenses, clearances or other permissions to reproduce, publicly perform, distribute, or otherwise use any musical work, sound recording or other copyrighted materials; (iii) no material created or supplied by you infringes upon or violate the rights of any person or entity. |
| |
8. Governing Law, Jurisdiction, & Venue
All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of law principles. You further irrevocably agree that the state and federal courts situated in Harris County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly waive jurisdiction and venue in any other forum. |
| |
9. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS UNVEILING RECORDS™, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS WEBSITE. UNVEILING RECORDS™ MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT UNVEILING RECORDS’™ RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT UNVEILING RECORDS’™ PRIOR WRITTEN APPROVAL. |
| Top |
10. LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. YOU AGREE THAT UNVEILING RECORDS™, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR UNVEILING RECORDS’™ PROVISION OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY UNVEILING RECORDS™ NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, UNVEILING RECORDS™ SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY. |
| |
11. DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS" BASIS. UNVEILING RECORDS™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. UNVEILING RECORDS™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNVEILING RECORDS™ SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY. |
| |
| ACCEPTABLE USE POLICY |
| |
12. Lawful Purpose
This Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of Unveiling Records’™ Acceptable Use Policy ("AUP") is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, patents, or the dissemination of harmful or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Unveiling Records’™ products or services is strictly prohibited. Using the Unveiling Records™ Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.
In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:
a. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, telephone calls or any other form of solicitation or any information such as opinions or notices, commercial or otherwise, to anyone.
b. Spamming any email address that appears on the Website.
c. Posting any multi-level-marketing, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity.
d. Including any hidden text in your postings, including words in white or otherwise invisible font.
e. Deleting or revising any material posted by any other person.
f. If you have a password allowing access to a nonpublic area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account.
g. Notwithstanding anything to the contrary contained herein, using or attempting 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 Website other than the search engine and search agents available from Unveiling Records™ on the Website and other than generally available third party web browsers.
h. Accessing the Website by any means other than through the interface that is provided by Unveiling Records for use in accessing the Website.
i. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
j. Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
k. Framing of or linking to any of the materials or information available from the Website.
l. Posting or using profane language, gestures on the Website, in photographs, images, or lyrics
m. Posting or transmitting through our system pornographic photographs, drawings, or other graphical depictions or audible sounds. |
| |
|
|
 |
|
 |
|
| |
|
|
|
|
|