Terms of Use
JEZEBEL MUSIC, LLC
TERMS OF USE
Last Updated June 2, 2008
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. This website (the "Website" or “JM Website”) is a service offered by Jezebel Music, LLC (“JM”). This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describe the terms and conditions applicable to your access and use of the Website and JM’s services. JM may amend this Agreement at any time by posting the amended Terms of Use on our Website, and you agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. JM may make changes to the Website and/or the services described on the Website at any time. You understand that JM may discontinue or restrict your use of the Website for any reason or no reason with or without notice.
ABOUT THE INFORMATION ON THIS SITE. The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe JM’s publication of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services.
COMMUNICATIONS WITH THIRD PARTIES. Your dealings or communications through the Website with any party other than JM are solely between you and that third party. Under no circumstances will JM be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
USE OF MATERIALS ON THIS SITE. JM invites you to view and use a single copy of the Website for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website.
LINKS TO THIS SITE AND USE OF MARKS. The Website may contain links to websites operated by other parties. JM provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of JM, and JM is not responsible for the content available on the other sites. Such links do not imply JM’s endorsement of information or material on any other site and JM disclaims all liability with regard to your access to and use of such linked Websites.
LINKS TO JM. Unless otherwise set forth in a written agreement between you and JM, you must adhere to JM’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with JM’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with JM, (iii) when selected by a user, the link must display the JM Website on full-screen and not within a “frame” on the linking Website, and (iv) JM reserves the right to revoke its consent to the link at any time and in its sole discretion.
TRADEMARKS. JM is the sole owner of the names and marks JEZEBEL MUSIC, JEZEBELMUSIC.COM, and JEZEBEL MUSIC LLC, and neither you nor any person has the right to use, appropriate to any purpose, or grant rights to or permit others to use any such name or mark or any name or mark confusingly similar to it without the express and specific written (hard copy) permission of JM in each case.
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. JM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF JM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, JM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO JM DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
INDEMNITY. You agree to indemnify, defend and hold JM, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
COPYRIGHT. The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without JM’s express prior written permission.
LOCATION. The JM Website is operated by JM from its offices in the United States. Those who choose to access the JM Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
CHILDREN. The JM Website is not directed toward children under 13 years of age nor does JM knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to JM.
PRIVACY POLICY. By agreeing to these terms, you acknowledge that JM may collect, use and disclose your information as described in our Privacy Policy.
EMAIL. Email submissions over the internet may not be secure. Please do not email JM any personal or confidential information.
CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to the Website will be governed by the laws of the State of New York, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. JM’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive JM’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and JM with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any JM user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
VIOLATIONS AND ADDITIONAL POLICIES. JM reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
