End User License Agreement (EULA) &Terms and Conditions of Use (TOU)
Liquid Spins, Inc., a media distribution company and music software program is marketed and licensed by Liquid Spins, Inc.
Last Updated On: November 01, 2011
1. INTRODUCTION
A. Welcome to the Liquid Spins, Incorporated’s (“www.LiquidSpins.com”) website network and the products and services offered by Liquid Spins, Inc. (“the Company”) through its website network (collectively, including all Materials available through the Liquid Spins.com domain name and the Liquid Spins’ website network, “Sites”). These Terms and Conditions of Use (“TOU”) describe the terms and conditions applicable to your access and use of the Sites and the products services offered therein.
B. Please read the following TOU carefully before using the Sites or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Liquid Spins, Inc., its affiliates and subsidiaries. THESE TOU FULLY INCORPORATE BY REFERENCE: (A) THE PRIVACY POLICY AND (B) ALL OTHER POLICIES AND GUIDELINES OF THE SITES AND MATERIALS, SERVICES, and/or downloading and/or using Software (AS SUCH TERMS ARE DESCRIBED BELOW), INCLUDING WITHOUT LIMITATION: (I) OFFICIAL RULES FOR ANY CONTESTS OR SWEEPSTAKES, (II) OFFICIAL GIFT RULES, (III) OFFICIAL FREE MUSIC RULES, AND (IV) THE POLICIES AND GUIDELINES OF ANY THIRD PARTY ADVERTISERS AND/OR PARTNERS.
C. By using these Sites and the services and products offered on or through them, you may access the Liquid Spins’ Website and the Liquid Spins’ music service. As used in these TOU, the term, "Software" or “Player Software” shall include the Liquid Spins’ Website, the Liquid Spins, Inc. Music Player, any other software owned or controlled by Liquid Spins which you have selected for downloading and installation, and any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you. Software includes security components that permit digital information to be protected and its use to occur only as permitted by usage rules set by Liquid Spins , its principals (where Company is acting as a sales agent on behalf of such principals) and/or its licensors who have provided Materials (as defined in Paragraph 4 herein below) for the Services.
D. Using this Site, you may access some or all of the services ("Services") offered by Liquid Spins, its principals (where Company is acting as a sales agent on behalf of such principals) and its licensors and authorized business partners (collectively, "Liquid Spins Providers"). The Services include, but are not limited to the Liquid Spins music, video subscription and download facility and the Liquid Spins subscription service (collectively, "Subscription Service").
E. By using these Sites, the Services, the Materials and/or downloading and/or using Software, you automatically signify your agreement with and acceptance of these TOU. You also agree to ensure that anyone who uses these Sites, Software, the Materials and/or the Services on your computer also strictly abides by and adheres to these TOU. Liquid Spins has the right to revise, alter, change, modify, supplement and/or amend (collectively, “Revisions”) these TOU at any time for any reason, in its sole discretion, without providing notice to its users. Your continued use of these Sites, Software, the Materials and/or the Services shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the Sites, Software, the Materials and/or the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts of, or the entire Sites without notice or liability. Your continued use of the Sites, Software, the Materials and/or the Services after such revisions shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. You should check this website regularly to determine if any changes and or updates have been made to this TOU.
F. If you do not meet the requirements described herein below, do not agree to,or cannot comply with these TOU, as may be revised from time to time, you must stop using the Sites, Software, Materials and Services and, if applicable, cancel your Subscription Service. You will be deemed to have accepted these TOU, as may be revised from time to time, if you continue to use the Sites, Software, Materials or Services after any revisions are posted. This license will terminate upon conditions set forth elsewhere within these TOU or if you fail to comply with any term or condition of these TOU. In such event, no notice shall be required by Liquid Spins to effect such termination. The license for use of Software and aspects of the Services which may only be accessible through Software is governed by the applicable Service's or Software's end user license agreement if there is any conflict between these TOU and any other end user license agreement for Software or applicable Service.
2. PRIVACY
Your privacy is very important to us at Liquid Spins. To better protect your rights we have provided the Liquid Spins, Inc. Privacy Policy to explain our privacy practices in detail. This Privacy Policy is incorporated herein by reference and all users of the Services, Sites, Materials and the Software are bound by its terms. You understand, acknowledge and agree that any use of the Data (as described herein Paragraph 3 below) collected when you open an Account (as describedherein Paragraph 3 below) or use the Sites, Software, Materials and/or Service as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.
3. ACCOUNTS
A. If you desire to download music available from Liquid Spins, its principals (where Company is acting as a sales agent on behalf of such principals) and/or its licensors, you must register with Liquid Spins to open a Liquid Spins, Inc. account ("Account") for the purpose of subscribing for and/or downloading and/or using content from the Sites or to purchase Subscription Services. You represent, covenant and agree that you will access the Services in connection with your Account only from the country you identify as your residence when you establish your account. As part of the registration process, each user will be asked for such personally identifiable information as: your name, email address, your age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, “Data”), as well as asked to select a password ("Password") and user name ("User Name"). You agree to provide Liquid Spins with accurate, complete, and updated Account information, and maintain and promptly update such information to keep it accurate, current and complete. If you provide any information determined by Liquid Spins, in its sole discretion, to be untrue, inaccurate, not current, incomplete, misleading or deceptive, or if Liquid Spins, in its sole discretion, believes it has a basis to suspect that such is the case, Liquid Spins has the right to immediately suspend or terminate your account, either with or without notice to you, and refuse to grant any and all current or future access and use of the Services (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Sites, Software, Material and Services. You understand, acknowledge and agree to immediately notify the Companyof any unauthorized use of your account or any other breach of security known to you. You may not: (i) select or use a User Name of another person or third party entity with the intent to impersonate that person or third party entity; (ii) use a name subject to the rights of any other person or third party entity without authorization; or (iii) use a User Name that Liquid Spins, in its sole discretion, deems inappropriate or offensive. You shall notify Liquid Spins at customer support of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and/or Password. You will be responsible for maintaining the confidentiality of your User Name and Password. Liquid Spins may immediately terminate your Account, or suspend access to your Account, without notice, for conduct that Liquid Spins believes, in its sole discretion, is: (i) illegal, fraudulent, harassing, abusive or otherwise improper or inappropriate;(ii) a violation of these TOU, any other policies or guidelines posted by Liquid Spins on any of its Sites; or (iii) harmful to other users, third parties, the Services, or the business interests of Liquid Spins. If Liquid Spins has terminated a portion, but not all, of your access to the Services for the foregoing reasons, you will nevertheless be responsible for all the charges for the Services, if any. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against Liquid Spins, or a claim which in any way involves Liquid Spins, then Liquid Spins may terminate your Account. Upon termination of your Account by Liquid Spins for any of the above-mentioned reasons, Liquid Spins may prohibit you from ever opening up another Account or prohibit you from establishing a new Account for a period of not less than five (5) years from the date of termination, as determined by Liquid Spins in its sole discretion. Upon termination of your Account, Liquid Spins will have no obligation to notify any third parties nor will Liquid Spins be responsible for any damages or liabilities that may result or arise out of termination of your Account.
B. You understand and agree that our advertising relationships help us to make the Service available to you. The information that you submit to the Service through the Site remains your property, but by using the Sites, Software and Materials and by participating in the Service, you grant us the right to use such information for multiple marketing purposes, including, but not limited to, sharing such information with third parties. Liquid Spins, Inc. may use such information to (i) directly market certain offers to you via e-mail marketing, telemarketing, direct mail, mobile telephone text messaging (including, without limitation, SMS and/or MMS) and other methods, (ii) to monitor compliance with our Site Terms of Use/End-User License Agreement, and (iii) for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other third party businesses to bring selected retail opportunities to you. These businesses may include, but are not limited to, providers of online, e-mail, telemarketing and direct mail marketing services and applications. Such services and applications may include, but not be limited to, lookup and reference, data enhancement, overlay, appending, suppression and validation. By registering on the Site for our Service, you are indicating that you have read and agree to this TOU and the Privacy Policy and of its all terms and conditions, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used. You also agree to receive marketing promotions and other solicitations from this Site, its advertising partners and/or other third party advertisers (collectively, “Site Sponsors”) based on the information you provide on this Site, and expressly agree to be contacted by any such Site Sponsors through direct mail, phone, pre-recorded message, SMS text and/or email.
C. You are not obligated to opt-in to receive any Site Sponsor offers when you participate in the Services. However, if you choose to opt-in to receive any Site Sponsor’s offer(s), you understand and agree that such Site Sponsor may contact you using the registration information you provide to Liquid Spins, including without limitation, by telephone or email, pursuant to the terms and conditions of this TOU and Liquid Spins’ Privacy Policy. Liquid Spins reserves the right to update or modify the number and/or mix of Site Sponsors' offers, including gift requirements, at any time for any reason, in its sole discretion.
4. USE OF MATERIALS; USAGE RESTRICTIONS
A. All materials and works published by Liquid Spins on any of its Sites or available from the Services (including, but not limited to, audio files and streams, video files and streams text, images, illustrations, etc.) are owned or controlled by Liquid Spins, subsidiaries and/or affiliated companies, its principals (where Company is acting as a sales agent on behalf of such principals) or a third-party provider or licensor, and may be referred to herein as " Materials ." The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by these TOU, certain end-user license agreements, and applicable law. Further, the third party principals, providers and licensors of the Materials have reserved all rights, including without limitation all applicable rights relating to their Materials, as they may prescribe from time to time. Your use of the Materials is subject to the following prohibitions and restrictions:
(i). You are prohibited from copying, reproducing, uploading, exporting, transferring, selling, forwarding, sharing with others or transmitting the Materials in any way unless specifically authorized by Liquid Spins.
(ii). You may use the Materials for personal, noncommercial entertainment use only; you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
(iii). You are prohibited from making modifications to the Materials or creating derivative works based on the Materials, as well as using the Materials on any networked computer environment or other website.
(iv). You are prohibited from making any use of the Materials that would infringe the copyrights therein.
(v). You must comply with all applicable law in your use of the Materials and agree to protect any third party principal’s and/or licensor's rights therein.
(vi). You are prohibited from making any unauthorized reproduction or distribution of Materials that violates applicable law.
(vii). You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions. All rights not expressly granted to you in these TOU are reserved to Liquid Spins its principals (where Company is acting as a sales agent on behalf of such principals) and/or its licensors. Liquid Spins (for itself and for the Materials’ owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
(viii). End Users obtaining eMasters from Vendor pursuant to the terms of this Agreement may use the eMasters solely for such End Users’ personal and non-commercial use. End Users are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for the eMasters or Other Materials, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
(ix). RE-INSTALLS TO A PERSONAL COMPUTER: To handle customer support issues (e.g., End Users who upgrade their operating systems or have hard-drive crashes), customer service agents may in their reasonable discretion permit one (1) re-install to an End User’s Personal Computer, in the event of a bona fide Personal Computer hard-drive crash.
(x). Your Eligibility To Open An Account; Individuals Under The Age Of 13
(a). By opening an Account, you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. It is solely with your discretion whether or not to allow your minor children ( provided such children are not under the age of 13 years ) for whom you are the parent or legal guardian to access and use the Sites, Software, Materials and/or the Services using your Account, provided, however, that you accept exclusive, full and complete responsibility for the conduct of the children using your Account. (b). Pursuant to the provisions of the United States Federal Children's Online Privacy Protection Act (COPPA), our policy is to refuse individuals under the age of 13 to submit information to the Sites or to install and/or use Software, Materials and/or the Service. If you are under 13 years of age, you are not permitted to install Software or use the Sites, Materials and/or the Service. If you are under 13 years of age and you have either agreed to our End User's License Agreement or created an account through the Site by lying about your age, you are in violation of our End User's License Agreement, these TOU, and our Privacy Policy. You must immediately discontinue any use of these Sites, uninstall Software and discontinue any use of the Service.
5. AGREEMENT TO PAY
A. By completing the Subscription Service registration and clicking the "I Agree to the Terms of service" checkbox and/or the “Submit” button and/or other call-to-action button (e.g., “Start Downloading Now”) or completing the billing page, you authorize Liquid Spins to charge applicable fees to your billing payment method designated during the registration process, on a pre-paid basis for the Liquid Spins, Inc. music service. If we are unable to charge your billing payment method for any payment, Liquid Spins may, in its sole discretion, take any of the following actions: (i) deny purchase, (ii) immediately suspend or terminate your Liquid Spins account.
B. REFUND POLICY
There are no refunds once a Liquid Spins Digital Download is purchased. When you click a "Buy" or " Buy Now" button, your music purchases are charged to the credit card on your Liquid Spins account.
6. TAXES
Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Liquid Spins reserves the right to change this policy at any time, in its sole discretion.
7. QUESTIONS
If you have any other questions regarding the Liquid Spins’ Service, please use our online help facility
8. DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES
A. *READ THIS CAREFULLY*-- THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THESE TOU AND YOUR PERMISSION FROM LIQUID SPINS TO ACCESS AND USE THE SITES, SOFTWARE, MATERIALS AND SERVICES.
THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND YOU ACCESS THEM AT YOUR OWN RISK. LIQUID SPINS MAKES NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES, INCLUDING WITHOUT LIMITATON ANY WARRANTIES OF CUSTOM, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. LIQUID SPINS FURTHER MAKES NO GUARANTEES, CLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES PROVIDED BY PRINCIPALS, LICENSORS, ADVERTISERS, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE SITES, SERVICES, MATERIALS OR SOFTWARE.
B. NEITHER LIQUID SPINS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, PRINCIPALS, LICENSORS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, SOFTWARE, MATERIALS AND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND: (i) THAT THE SITES, THE SOFTWARE, THE MATERIALS AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE, UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR (ii) THAT ERRORS OR DEFECTS RELATED TO THE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES WILL BE CORRECTED. LIQUID SPINS ALSO DOES NOT GUARANTEE, CLAIM, REPRESENT OR WARRANT THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
C. LIQUID SPINS AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT USER PERSONALLY IDENTIFIABLE INFORMATION (DATA) SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND LIQUID SPINS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITIES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH SUCH INFORMATION. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
D. The above exclusions may not apply in some states that do not allow the disclaimer of certain implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, all representations and warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.
9. LIMITATION OF LIABILITY
*READ THIS CAREFULLY* You expressly understand, acknowledge and agree that Liquid Spins, ITS SUBSIDIARIES and AFFILIATES and EACH OF THEIR OFFICERS, directors, EMPLOYEES, DISTRIBUTORS, PRINCIPALS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, and AGENTS (COLLECTIVELY, "PROTECTED PARTIES") shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages OR OTHER RELIEF OF ANY KIND OR NATURE, ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO the sites, software, materials and/or software including without limitation damages for loss of profits, revenue, goodwill, use, data, assets, business or other tangible and/or intangible losses, even if you have been advised of the possibility of such damages or such damages are foreseeable, resulting from: (i) the use or the inability to use the Sites, Software, the Material and/or the Services; (ii) the cost of procurement of substitute services or content resulting from any services obtained through or from the Sites, Software, the Material and/or the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Sites, Software, the Materials and/or the Services; (v) inaccuracies, mistakes, or errors of content; (vi) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Sites, Software, the materials and/or the Services; (vii) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or though the Sites, Software, the materials and/or the Services by a third party; or (viii) any other matter relating to the Sites, Software, the materials and/or the Services, whether based on warranty, contract, tort, product liability or any other legal theory. In no event will the Protected Parties have cumulative liability under these TOU. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable or limited by law, you agree that the aggregate liability of the protected parties shall not exceed the amount of Twenty-Five (US $25) Dollars.
B. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
C. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES IS TO DISCONTINUE ANY USE OF THE SITES AND/OR UNINSTALL AND CEASE USE OF SUCH SOFTWARE, MATERIALS AND SERVICES.
10. LINKS TO THIRD PARTY SITES, THIRD PARTY CONTENT, ONLINE BEHAVIOR AND PROHIBITED USES OF SOFTWARE
A. The links throughout this Site will let you leave the Liquid Spins’ Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Liquid Spins in any manner whatsoever. Therefore, Liquid Spins is in no manner responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). Liquid Spins is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Liquid Spins of the site(s) and/or any of the content therein.
B. You understand that all third party content, including, without limitation all advertiser, marketer and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Sites, Software, Materials and Service (collectively, " Content "), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Content they have created. Liquid Spins has and accepts no responsibility for and does not endorse or control such Content. This means that you, and not Liquid Spins, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via this Site, Software or the Services. Liquid Spins does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by accessing and using the Sites, Software, Materials and Services, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to assume and accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to Liquid Spins including, through this Site or the Services. Under no circumstances will Liquid Spins or its principals and/or licensors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the access and use of any Content posted or transmitted via the Services by accessing and using the Services, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility. In addition, all Content made available or accessed through the use of the Services is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
C. Notwithstanding anything to the contrary, you are strictly prohibited from:
(i). removing any proprietary notices from this Site, Services, the Materials and Software or any copies thereof;
(ii). causing, permitting or authorizing the modification, creation of derivative works; translation, reverse engineering, decompiling or disassembling of the Software or media;
(iii). selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Liquid Spins;
(iv). exporting or re-exporting Software or media in violation of U.S. export laws;
(v). using this Site, Software or Services for any commercial purpose or the benefit of any third party or any manner not permitted by the license grant;
(vi). using the Liquid Spins, Inc. Sites, Software, Materials or Services to access any content files accessible through the Liquid Spins, Inc. Software without the permission of the publisher of the content files;
(vii). accessing, creating or modifying source code in any way;
(viii). using the Liquid Spins, Inc. Sites, Materials or Services to, or in any way that would, violate any applicable law, regulation or ordinance;
using the Liquid Spins, Inc. Sites, Software, Materials or Services to develop, generate, transmit or store information that: (a) infringes any third party's intellectual property or other proprietary right; (b) is defamatory or harmful; or (c) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Liquid Spins, Inc. Software or Services;
(ix). using any unlicensed or unauthorized copies of the Materials and Software;
(x). collecting any information or communication about the users of the Sites, Materials, Services, Software by monitoring, interdicting or intercepting any process of or communication initiated by the Sites, Materials, Services, Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(xi). attempting to hack this Site, Services, Software or any communication initiated by this Site, Services, or Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Liquid Spins or its principals and/or licensors with respect to this Site, Services, Software and/or data and/or content transmitted, processed or stored by Liquid Spins or other users of this Site, Services, Software; or
(xii). taking any steps to interfere with or in any manner compromise any of Liquid Spins’ security measures.
D. Liquid Spins may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar laws, and you expressly authorize Liquid Spins to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
E. Except where Liquid Spins specifically requests or solicits comments or submissions, Liquid Spins does not accept or consider any creative ideas, suggestions, comments or materials (collectively, Comments) from the public. If an unsolicited submission is received from you by Liquid Spins, you understand, acknowledge and agree that (a) it may be utilized by Liquid Spins free of any right, claim, title or ownership interest in the Comments, (b) you waive your right to assert any ownership right, claim, title and interest of any kind in the unsolicited submission (including, but not limited to unfair competition, Intellectual Property, moral and/or similar rights or implied contract), (c) you hereby grant Liquid Spins a nonexclusive, perpetual, irrevocable, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and (d) you waive the right to receive any financial or other consideration or remuneration in connection with such unsolicited submission, including, but not limited to, attribution or other credit. You completely release Liquid Spins (and its subsidiaries and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, claims), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by Liquid Spins.
11. YOUR REPRESENTATIONS AND WARRANTIES
A. You represent, promise and warrant that:
(i). you possess the legal right and ability to enter into this TOU and to comply with its terms;
(ii). you will use this Site, Software, the Materials and Services for lawful purposes only and in accordance with this TOU, applicable end user license agreement(s) and all applicable laws, regulations and policies, including without limitation the Privacy Policy;
(iii). you will not attempt to decompile, reverse engineer or hack website, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by Liquid Spins with respect to this Site, Software, the Services and/or data transmitted, processed or stored by Liquid Spins, Software or the Services;
(iv). you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by Liquid Spins or Liquid Spins’ third party partners to protect the content and files distributed by Liquid Spins, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;
(v). you will not take any steps to interfere with or in any manner compromise any of Liquid Spins’ security measures, the security measures of Liquid Spins’ third party redemption partners, Promotional Programs administrators, or other Liquid Spins Providers.
12. NOTIFICATION OF COPYRIGHT INFRINGEMENT
A. Liquid Spins will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, Software or the Services, please notify Liquid Spins’ Copyright Agent. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth herein below (the Notice), and must include substantially all of the following:
(i). a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii). a description of the copyrighted work or works that you claim have been infringed ("Infringed Work") and identification of what material in such work(s) is claimed to be infringing ("Infringing Work") and which you request to be removed or access to which is to be disabled;
(iii). a description of the exact name of the file on the Liquid Spins, Inc. Software, the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, Software or Services, where the material that you claim is infringing is located on such site;
(iv). information sufficient to permit Liquid Spins to contact you, such as your physical address, telephone number, and email address;
(v). a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi). a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
B. To reach Liquid Spins’ Copyright Agent for Notice of claims of copyright infringement
By mail: Attn: Legal Dept. 5525 Erindale Drive, Suite 200 Colorado Springs, CO 80918
(Please note that this contact address is only for copyright infringement claims; you will not receive a reply if the matter is not a copyright issue.)
C. The copyright agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through this Site, Software or Services. All other inquiries directed to the copyright agent will not be responded to.
13. INDEMNITY
You agree to indemnify, hold harmless and defend Liquid Spins, Liquid Spins’ Providers, Liquid Spins’ third party redemption partners and promotional programs administrators, their affiliates, parent companies, subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, Indemnified Parties ), at your sole expense, against any and all third-party claims, actions, proceedings, investigations, and lawsuits and all related liabilities, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (a) violation or breach of any term of this TOU or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law, or (b) use or misuse of this Site, Software, the Material and/or Services, (c) or your infringement or the infringement by any other user through your account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.
14. TRADEMARKS
All trademarks, service marks, logos, trade names, and any other proprietary designations of Liquid Spins used herein are trademarks or registered trademarks of Liquid Spins. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.
15, COMPLIANCE WITH LAW
The Service is controlled and operated by Liquid Spins from its offices in Colorado: 5525 Erindale Drive, Suite 200 Colorado Springs, CO 80918. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
16. GOVERNING LAW
This Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, El Paso County, without regard to conflict of law rules thereof. Any action brought by you against Liquid Spins arising out of this Terms of Service shall be brought exclusively in the courts located in Colorado. You and Liquid Spins hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general. To the extent you have in any manner violated or threatened to violate Liquid Spins’ Intellectual Property Rights, Liquid Spins may immediately seek injunctive or other equitable or legally appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
17. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. MISCELLANEOUS
A. Liquid Spins reserves all rights not expressly granted herein. Liquid Spins may modify this TOU at any time for any reason, in its sole discretion, by posting the revised TOU on this Site. Your continued use of this Site, Software and/or Services shall constitute your acceptance of such revised TOU.
B. You may not assign any rights granted to you hereunder. Nothing in this TOU shall constitute a partnership or joint venture between you and Liquid Spins.
C. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this TOU shall nonetheless remain in full force and effect. The failure of Liquid Spins at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
D. To the extent that anything in or associated with the Site, Software and/or Services is in conflict or inconsistent with these TOU, these TOU shall take precedence. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Company website, these terms and conditions control.
E. These terms and conditions and all documents relating hereto have been drafted and will be interpreted in English.
F. The rights and remedies granted to Liquid Spins under this TOU are cumulative and in addition to, not in lieu of, any other rights and remedies which Liquid Spins may possess at law or in equity.
G. The terms set forth in this TOU and any agreements included or referred to in this TOU constitute the final, complete and exclusive agreement with respect to this Site, Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
H. The owners of the Materials are intended beneficiaries of these TOU and shall have the right to enforce them against you. Upon termination, cancellation, suspension or expiration of these TOU for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about this TOU or any issues raised in this TOU or on this Site, please contact us via the Contact Us form at our Support Center.
