|COLD FUSION RECORDS, LLC WEB SITE TERMS AND CONDITIONS
2. USER CONDUCT AND USE OF THE SITE
(A) User agrees to use the Site for lawful, noncommercial purposes only. User shall comply with all federal, state, and local laws applicable to the use of this Site and shall not post or transmit any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or contains advertising or any solicitation.
(B) The Company is not in any way associated with or responsible for content posted or transmitted by Users. The Company, to the extent it is capable, will monitor content posted on or transmitted to the Site, and reserves the right to remove anything that is, in its sole discretion, unacceptable, and to disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of this Site. All Users access and participate in the Site at their own risk. If a User finds abusive or offensive content on the site, User may email the Company by composing an e-mail message to the address listed on the “Contact Us” page, with sufficient information identifying the abusive or offensive material, so that the Company may determine, in its sole discretion, whether or not to delete the material. This process may take up to 30 days. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
(C) User agrees to indemnify, release and hold harmless the Company from all liability related to User’s use of the Site.
(D) User agrees not to transmit or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such rights. The burden of determining that the material is not protected by such rights is on the User. User shall be solely liable for and shall indemnify and hold the Company harmless for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from the User’s submissions to the Site. By submitting material to any area of the Site, the User represents and warrants that the User has expressly granted the Company the right to use the material for purposes of evaluating potential opportunities to do business with the User.
The Site contains links and pointers to other related World Wide Web internet sites and resources. Links to and from the Site to other sites maintained by third parties, do not constitute an endorsement by the Company of any third party resources or their contents.
4. COPYRIGHT AND COPYRIGHT AGENT
All content available at this site, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of the Company or used by the Company with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Site is the exclusive property of the Company and protected by U.S. and international copyright law. The Company reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content).
The Company respects the intellectual property of others and asks that Users do the same. If a User or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide the Company’s designated Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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;
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;
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.
The Company’s designated Copyright Agent for notice of claims of infringement on this site can be reached as follows:
Cold Fusion Records, LLC
530 E. Hunt Highway – Suite 103-297
Queen Creek, AZ 85243
Cold Fusion Records and the Cold Fusion Records logo are service marks of the Company. The Company’s trademarks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or in any manner that dilutes, disparages, or devalues the Company or the Company’s mark.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- Use of Site services or access to any portion of the Site is done at the sole risk of User.
- The Company will not be held liable for the receipt of any unwanted email or the content of any email resulting from or associated with the Company. At no time will the Company be held responsible for any inability to prevent emails from being sent to any party. If a User provides his or her email address to the Company, this will constitute permission for the Company to send emails regarding the Company or its sponsors, unless and until the User opts to unsubscribe from such email communications.
- THE SITE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT OF THE COMPANY OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT.
The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, or destruction of data, computer virus, tortious behavior, negligence, or any other cause of action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site in any manner, including but not limited to the offensive or illegal conduct of other Users or third parties.
(A) GOVERNING LAW
Any disputes arising out of or related to the use of the Site or these Terms and Conditions will be governed by the law of the State of Indiana, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions shall be the appropriate federal or state court in Allen County, Indiana.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.
(C) ENTIRE AGREEMENT
These Terms and Conditions represent the entire agreement between the Company and Users with respect to use of the Site.
(D) LIMITATION ON CAUSES OF ACTION
Any cause of action Users may have with respect to use of the Site must be commenced within one (1) year after the claim or cause of action arises.
10. CONTACT/ADDRESS FOR LEGAL NOTICE
Except for Copyright notices, referred to in section 4 of these Terms and Conditions, all questions, comments and legal notices should be submitted to:
Cold Fusion Records, LLC
530 E. Hunt Highway – Suite 103-297
Queen Creek, AZ 85243