TERMS AND CONDITIONS OF USE
This Web site www.avidrecords.com (the 'Web site') is provided by Avid Records, LLC, and/or its affiliates and subsidiaries (Avid Records) for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ('Terms and Conditions'), and the rules for the Web site that may be published from time to time by Avid Records. By visiting or using this Web site, you 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 this Web Site. Avid Records may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web site. You should check these Terms and Conditions periodically for changes. By using this Web site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications.
Please note that when you enter any subsite accessible through this Web Site, such subsite may have its own terms and conditions of use which is specific to such subsite.
PURPOSE OF THE SITE
The purpose of this Web site is to provide users with information about and services concerning Avid Records. Certain areas of the Web site may request you to provide information about yourself. Your provision of information to Avid Records in these areas is subject to our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
As between Avid Records and you, Avid Records is the sole owner or licensee of all content on the Avid Records Web site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto ('Site Material'). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site Material or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Site Material solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
RESTRICTIONS ON USE OF MATERIAL
The Site Material is intended for informational purposes only. Except as expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt, sell, package, or in any way exploit the Site Material in any way without the prior express written permission of Avid Records. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web site.
UNSOLICITED MATERIALS
Avid Records does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web site or Avid Records mail and email addresses, or in any other way. Any information or material submitted or sent to Avid Records will be deemed not to be confidential or secret. By submitting or sending information or other material to Avid Records you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Avid Records you grant Avid Records 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 material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or! later dev eloped.
You also warrant that any "moral rights" in posted materials have been waived.
LINKED SITES
This Web site may provide links to other web sites ("Linked Sites"). Linked Sites are not reviewed, controlled or examined by Avid Records in any way and Avid Records is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Avid Records' 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 Avid Records 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. Avid Records 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 Avid Records Web site and/or introduce different features or links to different users.
DISCLAIMER OF WARRANTIES
THIS WEB SITE AND THE SITE MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, AVID RECORDS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THIS WEB SITE AND THE SITE MATERIAL; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF OR INIABILTY TO USE, THIS WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. AVID RECORDS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
AVID RECORDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT MATERIALS. YOU (AND NOT AVID RECORDS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL AVID RECORDS ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF AVID RECORDS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.
INDEMNIFICATION
By using this Web site, you agree to defend, indemnify and hold Avid Records, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of, or inability to use, the Web site, the uploading, posting, emailing or transmission of any Web site material, or any violation of these Terms and Conditions or law or regulation by you.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the state of Delaware, U.S.A., excluding any conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Avid Records or relating in any way to your use of the Web Site resides in the courts of the state of New York, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Delaware, U.S.A., in connection with any such dispute and including any claim involving Avid Records or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this Web 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 this 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.
Any inquiries concerning these terms and conditions of use should be directed to: CorporateLegal@AvidRecords.com.