RESIDENT RECORDS TERMS AND CONDITIONS
(Last Updated On 11/01/2005)
TERMS AND CONDITIONS
Please read these terms of use carefully before using this site. If you do not agree with any of the below Terms of Use, please do not use this site. This site is governed by a Privacy Policy which can be found herein. Some sections of the site may have additional privacy practices which are described in detail at those specific locations. Resident Records reviews its Privacy Policies periodically and reserves the right to make revisions at any time. Resident Records encourages parents and children to review the Privacy Policies often for changes. Participant's continued use of the site after a change has been to the policies of the site implies Participant's assent to those changes.
COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS TM AND © 2005 RESIDENT RECORDS, AND RELATED ENTITIES ("RESIDENT RECORDS"). ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY "THE MATERIAL") ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL LISTENING OR VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.
Resident Records grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively "Downloaded Material") provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material. If Participant wishes to license any Resident Records Material, including but not limited to, Material contained in this site, please contact Resident Records at info@residentrecords.co.uk.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify Resident Records of your copyright infringement claim in accordance with the following procedure.
Resident Records will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Resident Records DMCA Designated Agent
info@residentrecords.co.uk
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
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.
USER'S AGREEMENT AND RULES OF CONDUCT FOR RESIDENT RECORDS SITE
Use and participation in Resident Records's Internet site is contingent upon Participant's acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, "Participant" refers to you. "Resident Records" refers to Resident Records, its parent, subsidiary and affiliated companies and entities.
1. RULES OF CONDUCT
(a) Participant shall not post or transmit through Resident Records any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.
(b) Participant shall not upload, post or otherwise make available on the Resident Records site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
2. SUBMISSIONS POLICY
Notwithstanding the above, Participant hereby waives any and all rights to any music, lyrics, audio, stories, ideas, drawings, opinions, and any other creative "materials" emailed or mailed to Resident Records, or posted to the Resident Records site. Participant authorizes Resident Records to utilize, in any manner it sees fit and for eternity, the materials delivered to Resident Records or posted on the site, which shall become the property of Resident Records. Participant releases Resident Records from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify Resident Records in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the Resident Records site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between Resident Records and Participant (other than the contractual relationship between Resident Records and Participant entered into by virtue of Participant's agreement to these Rules of Conduct.)
3. RIGHTS OF RESIDENT RECORDS / DISCLAIMER OF LIABILITY
(a) Resident Records is a distributor only (and not a publisher) of Resident Records Chat Room and Bulletin Board (if made available by Resident Records) content which is supplied by Participant with occasional responses from Resident Records. Resident Records shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, Resident Records shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. Resident Records shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of Resident Records. Resident Records is not responsible for any materials provided by users which are deemed harmful or offensive to others. Resident Records is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.
(b) Resident Records makes no warranties, express or implied, as to the content in the Resident Records site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in Resident Records Chat Rooms and Bulletin Boards are those of such Participants only, and Resident Records neither endorses nor shall be held responsible for the reliability or accuracy of same.
(c) Resident Records is not responsible for the content or practices of third party Web sites that may be linked to an Resident Records site. This site may also be linked to Web sites operated by companies affiliated with Resident Records. Visitors to those sites should refer to each site's separate privacy policies and practices.
4. PARTICIPANT'S INDEMNIFICATION / OBLIGATIONS
Participant agrees to defend, indemnify and hold harmless Resident Records, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant's use of Resident Records sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
5. TERMINATION
Resident Records shall have the right to immediately terminate any Participant's use of the Resident Records site if Resident Records determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which Resident Records determines in its sole discretion to be unacceptable.
6. MISCELLANEOUS
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of California, and parties consent to the jurisdiction of the courts in the Central District of California, County of Los Angeles, without regard to its conflict of laws rules.
The Resident Records site contains neither expressed no implied warranties for use. Resident Records does not warrant that the site will be without viruses or defects, and Resident Records is not responsible for any repair or maintenance visitor's system may require as a result of using the Resident Records site.
This site is operated by Resident Records from its headquarters in Los Angeles, California. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.
Copyright © 2005 Resident Records. All Rights Reserved.
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