TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE
TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS
SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS,
THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the
"TOS") is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with Shorichardsin.com
Recording artist/producer, also known as Shorichardsin.com, located at ,
Brooklyn, New York, and our subsidiaries and affiliates, in association with
the use of the Shorichardsin.com website, which includes Shorichardsin.com,
(the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website service-based website which has the following
description:
At Shorichardsin.com we offer music , news, and entertainment
pertaining to the Sho Richardsin brand.
Any and all visitors to our site shall be
deemed as "users" of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided
and made available through our website and applications, which may include some
mobile applications and that those applications may be made available on
various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Shorichardsin.com Recording
artist/producer . At its discretion, Shorichardsin.com Recording
artist/producer may offer additional
website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional
Services and/or products and any and all updated, modified or revised Services
unless otherwise stipulated. Shorichardsin.com Recording artist/producer does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the
end user acknowledge, accept and agree that Shorichardsin.com Recording
artist/producer shall not be held liable
for any such updates, modifications, revisions, suspensions or discontinuance
of any of our Services and/or products. Your continued use of the Services
provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands,
acknowledges and agrees that the Services offered shall be provided "AS
IS" and as such Shorichardsin.com Recording artist/producer shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal
information are strictly protected by the Shorichardsin.com Recording
artist/producer Online Privacy Policy
(see the full Privacy Policy at https://www.Shorichardsin.com/p/policy.html).
As a member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Shorichardsin.com recording
artist/ and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE
Due to the global nature of the internet, through the use
of our network you hereby agree to comply with all local rules relating to
online conduct and that which is considered acceptable Content. Uploading,
posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly
other countries. Through the use of our network, you thus agree to comply with
all applicable export and import laws, statutes and regulations, including, but
not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as
well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:
a) are not
on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a
member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY
SERVICES
Shorichardsin.com recording artist/producer shall not lay
claim to ownership of any content submitted by any visitor or user, nor make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Shorichardsin.com Recording artist/producer the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of
Shorichardsin.com recording artist/producer sites, the
license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Shorichardsin.com Recording artist/producer 's sites and
shall terminate at such time when you elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Shorichardsin.com Recording artist/producer 's
sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area
in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Shorichardsin.com Recording
artist/producer 's sites and shall terminate at such time when you elect to
discontinue your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of Shorichardsin.com recording
artist/producer sites, the continuous, binding and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content,
whether in whole or in part, and the incorporation of any such Content into
other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly
accessible" areas of Shorichardsin.com Recording artist/producer 's sites
are those such areas of our network properties which are meant to be available
to the general public, and which would include message boards and groups that
are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Shorichardsin.com Recording artist/producer provides an area for our users to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or
proposals
("Contributions") to our site, you acknowledge
and agree that:
a) your
contributions do not contain any type of confidential or proprietary
information;
b) Shorichardsin.com
shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c)
Shorichardsin.com shall be entitled to make use
of and/or disclose any such Contributions in any such manner as they may see
fit;
d) the
contributor's Contributions shall automatically become the sole property of Shorichardsin.com;
and
e) Shorichardsin.com
is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein
agree to insure and hold Shorichardsin.com Recording artist/producer , our
subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use of Shorichardsin.com Services or your connection
with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use of, or
access to Shorichardsin.com's sites.
MODIFICATIONS
Shorichardsin.com Recording artist/producer shall reserve the right at any time it may
deem fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or
any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the
participation in any promotions of, advertisers located on or through our
Services, which may include the payment and/or delivery of such related goods
and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Shorichardsin.com Recording
artist/producer shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either Shorichardsin.com Recording artist/producer or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that we are
not responsible for the availability of any such external sites or resources,
and as such, we do not endorse nor are we responsible or liable for any
content, products, advertising or any other materials, on or available from
such third party sites or resources. Furthermore, you acknowledge and agree
that Shorichardsin.com Recording artist/producer shall not be responsible or liable, directly
or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site
or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Shorichardsin.com Recording
artist/producer 's Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary
and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by Shorichardsin.com
Recording artist/producer or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Shorichardsin.com Recording
artist/producer Services (e.g. Content
or Software), in whole or part.
Shorichardsin.com Recording artist/producer herein has granted you personal,
non-transferable and non-exclusive rights and/or license to make use of the
object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Shorichardsin.com Recording artist/producer for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a)
THE USE OF SHORICHARDSIN.COM RECORDING
ARTIST/PRODUCER SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE
SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. SHORICHARDSIN.COM
RECORDING ARTIST/PRODUCER AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) SHORICHARDSIN.COM
RECORDING ARTIST/PRODUCER AND OUR
SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
SUCH
WARRANTIES THAT (i) SHORICHARDSIN.COM RECORDING
ARTIST/PRODUCER
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SHORICHARDSIN.COM
RECORDING ARTIST/PRODUCER SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT
SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE SHORICHARDSIN.COM
DIGITAL
MARKETING CONSULTANCY SERVICES OR SOFTWARE WILL BE ACCURATE
OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
(v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY
WAY OF SHORICHARDSIN.COM RECORDING ARTIST/PRODUCER SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE
ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM SHORICHARDSIN.COM DIGITAL
MARKETING
CONSULTANCY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS
WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.
SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY
OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SHORICHARDSIN.COM
RECORDING ARTIST/PRODUCER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR
ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY
BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Shorichardsin.com
Recording artist/producer (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive
or request any such news, messages, alerts or other information from our
Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase
"Let the investor beware" is appropriate. Shorichardsin.com Recording
artist/producer 's content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended
for trading or investing purposes. Shorichardsin.com Recording artist/producer and our licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE
EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless
otherwise expressly provided in this TOS, that there shall be no third-party
beneficiaries to this agreement.
NOTICE
Shorichardsin.com Recording artist/producer may furnish you with notices, including those
with regards to any changes to the TOS, including but not limited to email,
regular mail, MMS or SMS, text messaging, postings on our website Services, or
other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of
the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any
and all notices that would have been delivered had you accessed our Services in
an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of
the Shorichardsin.com Recording artist/producer trademarks, copyright, trade name, service
marks, and other Shorichardsin.com Recording artist/producer logos and any brand features, and/or product
and service names are trademarks and as such, are and shall remain the property
of Shorichardsin.com Recording artist/producer . You herein agree not to
display and/or use in any manner the Shorichardsin.com Digital
Marketing Consultancy logo or marks without obtaining Shorichardsin.com
Recording artist/producer 's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS NOTICE & PROCEDURES
Shorichardsin.com Recording artist/producer will always respect the intellectual property
of others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, Shorichardsin.com Recording
artist/producer may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A
description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c) A
description of the location of the site which you allege has been infringing
upon your work;
d) Your
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of
perjury, that the aforementioned information in your notice is truthful and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The Shorichardsin.com Recording artist/producer Agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
Mailing Address:
Shorichardsin.com Recording artist/producer
Attn: Copyright Agent
Brooklyn , New York
Telephone:
Email: info@Shorichardsin.com
CLOSED CAPTIONING
BE IT KNOWN, that Shorichardsin.com Recording
artist/producer complies with all
applicable Federal Communications Commission rules and regulations regarding
the closed captioning of video content. For more information, please visit our
website at Shorichardsin.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Shorichardsin.com
Recording artist/producer and shall
govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Shorichardsin.com Recording artist/producer Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other Shorichardsin.com Recording artist/producer Services, affiliate Services, third-party
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Shorichardsin.com
Recording artist/producer with regard to
the TOS that the relationship between the parties shall be governed by the laws
of the state of New York without regard to its conflict of law provisions and
that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Shorichardsin.com Recording
artist/producer , shall be filed within the courts having jurisdiction within
the County of Kings, New York or the U.S. District Court located in said state.
You and Shorichardsin.com Recording artist/producer agree to submit to the jurisdiction of the
courts as previously mentioned, and agree to waive any and all objections to
the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Shorichardsin.com Recording
artist/producer fail to exercise or
enforce any right or provision of the TOS, such failure shall not constitute a
waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction 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 TOS remain in full
force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of
any statute or law to the contrary, any claim or action arising out of or
related to the use of our Services or the TOS must be filed within 5 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Shorichardsin.com
Recording artist/producer as follows:
Mailing Address:
Shorichardsin.com Recording artist/producer
Brooklyn , New York
Telephone:
Email: info@Shorichardsin.com
No comments:
Post a Comment