VITAMIN RECORDS, INC. Website Terms of Use and Notices
Last Updated: February 2004
1. THIS IS AN AGREEMENT BETWEEN YOU AND VITAMIN RECORDS, INC.
This is an agreement ("Agreement") between you and VITAMIN Records, Inc.
Corporation (or, if applicable based on where you live, one of its
affiliates) ("VITAMIN Records, Inc."). This Agreement governs your use of
any Web site or Web page operated by VITAMIN Records, Inc. (each, a "VITAMIN
Records, Inc. Web Site," and collectively, the "VITAMIN Records, Inc. Web
Sites"). You represent that you are at least 18 years of age and have
attained the age of majority in the province, state or country in which
you reside, and any information that you submit is correct.
VITAMIN RECORDS, INC. OFFERS THE VITAMIN RECORDS, INC. WEB SITES TO YOU
CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
YOUR USE OF THE VITAMIN RECORDS, INC. WEB SITES CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE
PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW VITAMIN RECORDS, INC. MAY MODIFY THIS AGREEMENT VITAMIN Records, Inc.
reserves the right to change the terms, conditions, and notices under
which it offers the VITAMIN Records, Inc. Web Sites, including any charges
associated with the use of the VITAMIN Records, Inc. Web Sites. You are
responsible for regularly reviewing these terms, conditions and notices,
and any additional terms posted on any VITAMIN Records, Inc. Web Site. Your
continued use of the VITAMIN Records, Inc. Web Sites after the effective
date of such changes constitutes your acceptance of and agreement to
such changes.
3. ADDITIONAL TERMS
Any VITAMIN Records, Inc. Web Site may itself contain additional terms (for
example, codes of conduct or guidelines) that further govern use of that
VITAMIN Records, Inc. Web Site, including without limitation, particular
features or offers (for example, sweepstakes). If any terms contained in
this Agreement conflict with any terms contained within a VITAMIN Records,
Inc. Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE VITAMIN RECORDS, INC.
WEB SITES The VITAMIN Records, Inc. Web Sites are only for your personal
use. You will not use the VITAMIN Records, Inc. Web Sites for commercial
purposes. You will not use VITAMIN Records, Inc. Web Sites in any way that
is unlawful, or harms VITAMIN Records, Inc., its affiliates, resellers,
distributors, service providers and/or suppliers (each, a "VITAMIN Records,
Inc. Party" and collectively, the "VITAMIN Records, Inc. Parties") or any
customer of a VITAMIN Records, Inc. Party, as determined in VITAMIN Records,
Inc.'s sole discretion. VITAMIN Records, Inc. may tell you about certain
specific harmful uses in a code of conduct or other notices available
through a VITAMIN Records, Inc. Web Site, but has no obligation to do so.
You may not use the VITAMIN Records, Inc. Web Sites in any way that breaches
any code of conduct, policy or other notice applicable to the VITAMIN
Records, Inc. Web Sites. Without limiting the generality of this
section, you may not use the VITAMIN Records, Inc. Web Sites in any manner
that could damage, disable, overburden, or impair any VITAMIN Records, Inc.
Web Site (or the network(s) connected to any VITAMIN Records, Inc. Web Site)
or interfere with any other party's use and enjoyment of the VITAMIN
Records, Inc. Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the
VITAMIN
Records, Inc. Web Sites to transmit, either directly or indirectly, any
unsolicited bulk e-mail or unsolicited commercial e-mail. You will not
use the VITAMIN Records, Inc. Web Sites in any way that violates the
VITAMIN
Records, Inc. Anti-Spam Policy. You may view the Anti-Spam Policy at
privacy.VITAMIN Records, Inc..com/anti-spam. A breach of any part of the
Anti-Spam Policy is a breach of this Agreement. VITAMIN Records, Inc. may
use filtering technology or other measures in its efforts to stop
unsolicited bulk e-mail and unsolicited commercial e-mail, and if your
use of the VITAMIN Records, Inc. Web Sites includes e-mail related services,
then such filtering technology or other measures may block, either
temporarily or permanently, some e-mail sent to you through the VITAMIN
Records, Inc. Web Sites even if such e-mail does not violate the
Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to VITAMIN Records, Inc. related
to the VITAMIN Records, Inc. Web Sites (a "Submission"), you grant
VITAMIN
Records, Inc. permission to (1) use, copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, modify, translate
and reformat your Submission, each in connection with the VITAMIN Records,
Inc. Web Sites, and (2) sublicense these rights, to the maximum extent
permitted by applicable law. VITAMIN Records, Inc. will not pay you for your
Submission. VITAMIN Records, Inc. may remove your Submission at any time.
For each Submission, you represent that you have all rights necessary
for you to make the grants in this section. To the maximum extent
permitted by applicable law, VITAMIN Records, Inc. may monitor your e-mail,
or other electronic communications and may disclose such information in
the event it has a good faith reason to believe it is necessary for
purposes of ensuring your compliance with this Agreement, and protecting
the rights, property, and interests of the VITAMIN Records, Inc. Parties or
any customer of a VITAMIN Records, Inc. Party.
7. SOFTWARE
Your use of any software associated with the VITAMIN Records, Inc. Web Sites
will be governed by the terms and conditions of the end user license
agreement ("EULA") accompanying such software. If you receive any
software that is not accompanied by a EULA, then VITAMIN Records, Inc.
grants to you a non-exclusive, revocable, personal, non-transferable
license to use such software solely in connection with the VITAMIN Records,
Inc. Web Sites and in accordance with this Agreement. VITAMIN Records, Inc.
reserves all rights to such software not expressly granted to you in
this Agreement. Such software is protected by copyright and other
intellectual property laws and treaties. VITAMIN Records, Inc. or its
suppliers own the title, copyright, and other intellectual property
rights in such software, and such software is licensed, not sold. You
will not disassemble, decompile, or reverse engineer, such software,
except and only to the extent that such activity is expressly permitted
by applicable law. VITAMIN Records, Inc. may automatically check your
version of such software and may automatically download upgrades to such
software to your computer to update, enhance and further develop the
VITAMIN
Records, Inc. Web Sites.
8. INFORMATION AVAILABLE FROM THE VITAMIN RECORDS, INC. WEB SITES
VITAMIN Records, Inc. and its suppliers do not warrant or guarantee the
accuracy or timeliness of any information available from the VITAMIN
Records, Inc. Web Sites including stock quotes, even if such information
appears in any e-mail, pager, cell phone or other alerts available
through the VITAMIN Records, Inc. Web Sites. VITAMIN Records, Inc. and its
suppliers do not authorize the use of information available from the
VITAMIN
Records, Inc. Web Sites including stock quote or other financial
information, for any purpose other than your personal use, and prohibit
to the maximum extent allowable the resale, redistribution, and use of
this information for commercial purposes. VITAMIN Records, Inc. is not a
broker/dealer or registered investment advisor under United States
federal securities law or securities laws of other jurisdictions, and
does not advise individuals as to the advisability of investing in,
purchasing or selling securities or other financial products or
services. Nothing contained in the VITAMIN Records, Inc. Web Sites
constitute an offer or solicitation to buy or sell any security. VITAMIN
Records, Inc. does not endorse or recommend any particular product or
service, including financial products or services. Nothing contained in
the VITAMIN Records, Inc. Web Sites is intended to constitute professional
advice, including but not limited to, investment or tax advice.
9. VITAMIN RECORDS, INC. MAKES NO WARRANTY
VITAMIN RECORDS, INC. PROVIDES THE VITAMIN RECORDS, INC. WEB SITES "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VITAMIN RECORDS, INC.
PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE VITAMIN RECORDS, INC. PARTIES DISCLAIM ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT
LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET
ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2)
WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF
TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE
VITAMIN
RECORDS, INC. WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE
NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY VITAMIN RECORDS, INC. PARTY BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE VITAMIN RECORDS, INC. WEB SITES, EVEN
IF SUCH VITAMIN RECORDS, INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT
OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3)
NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU
ARE DISSATISFIED WITH THE VITAMIN RECORDS, INC. WEB SITES, YOU DO NOT AGREE
WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY VITAMIN RECORDS, INC. PARTY WITH RESPECT TO THIS
AGREEMENT OR THE VITAMIN RECORDS, INC. WEB SITES, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VITAMIN RECORDS, INC. WEB
SITES.
11. CHANGES TO THE VITAMIN RECORDS, INC. WEB SITES; ADDITIONAL LIABILITY
LIMITATION
THE VITAMIN RECORDS, INC. PARTIES MAY CHANGE THE VITAMIN RECORDS, INC. WEB SITES
OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you
use the VITAMIN Records, Inc. Web Sites, you should expect to receive,
access or use information, materials, graphics, software, data and
content (collectively, "Content") originated by VITAMIN Records, Inc. and
persons other than VITAMIN Records, Inc. (any such person is referred to as
a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND
10, YOU ACKNOWLEDGE AND AGREE THAT THE VITAMIN RECORDS, INC. PARTIES ARE NOT
RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION,
ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY
CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT VITAMIN
RECORDS, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE VITAMIN RECORDS,
INC. WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE VITAMIN RECORDS, INC.
WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY
DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR
COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE
VITAMIN
RECORDS, INC. WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY
DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS
CONTAINED ON THE VITAMIN RECORDS, INC. WEB SITES. THE LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT
INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU
UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION VITAMIN Records, Inc. may terminate
this Agreement, or terminate or suspend your access to the VITAMIN Records,
Inc. Web Sites at any time, with or without cause, with or without
notice. Upon such termination or suspension, your right to use the
VITAMIN
Records, Inc. Web Sites will immediately cease. UPON SUCH TERMINATION
OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE VITAMIN RECORDS, INC.
WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with VITAMIN Records, Inc. Corporation, claims for
enforcement, breach or violation of duties or rights under this
Agreement will be adjudicated under the laws of the State of California,
without reference to conflict of laws principles. If this Agreement is
with a VITAMIN Records, Inc. affiliate, claims for enforcement, breach or
violation of duties or rights under this Agreement will be adjudicated
under the laws of the place of incorporation for such VITAMIN Records, Inc.
affiliate, without reference to conflict of laws principles. All other
claims, including, without limitation, claims under or for violation of
consumer protection laws, unfair competition laws, and in tort, will be
adjudicated under the laws of your state of residence in the United
States, or, if you reside outside the United States, under the laws of
the country to which the subject VITAMIN Records, Inc. Web Sites are
directed. If this Agreement is with VITAMIN Records, Inc. Corporation, you
hereby irrevocably consent to the exclusive jurisdiction and venue of
state or federal courts in Los Angeles County, California, USA in all
disputes arising out of or relating to the use of the VITAMIN Records, Inc.
Web Sites. If this Agreement is with a VITAMIN Records, Inc. affiliate, you
hereby consent to the exclusive jurisdiction and venue of the courts
located in the place of incorporation for such VITAMIN Records, Inc.
affiliate in all disputes arising out of or relating to the use of the
VITAMIN Records, Inc. Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of this Agreement will continue in
effect. VITAMIN Records, Inc. may assign this Agreement, in whole or in
part, at any time with or without notice to you. You may not assign this
Agreement, or assign, transfer or sublicense your rights, if any, in the
VITAMIN Records, Inc. Web Sites. Except as expressly stated herein, this
Agreement constitutes the entire agreement between you and VITAMIN Records,
Inc. with respect to the VITAMIN Records, Inc. Web Sites and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and VITAMIN Records, Inc. with
respect to the VITAMIN Records, Inc. Web Sites. The section titles in the
Agreement are solely used for the convenience of the parties and have no
legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND VITAMIN RECORDS, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE VITAMIN RECORDS, INC. WEB SITES MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the VITAMIN Records, Inc. Web Sites are Copyright © 2004
VITAMIN
Records, Inc. Corporation and/or its suppliers, P.O. Box 39439, Los
Angeles, California 90039, U.S.A. All rights reserved. VITAMIN Records,
Inc., VITAMIN Records, Inc., VITAMIN Records, Inc. logo, and/or other
VITAMIN
Records, Inc. products and services referenced herein may also be either
trademarks or registered trademarks of VITAMIN Records, Inc. in the United
States and/or other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective
owners. The example companies, organizations, products, domain names,
e-mail addresses, logos, people, places and events depicted herein are
fictitious. No association with any real company, organization, product,
domain name, e-mail address, logo, person, places or events is intended
or should be inferred. Any rights not expressly granted herein are
reserved. All rights reserved.
Third Party Account Information
By using the "My Accounts" service through the VITAMIN Records, Inc. Web
Sites, you authorize VITAMIN Records, Inc. and its agents to access third
party sites designated by you or on your behalf, to retrieve information
requested by you, and you appoint VITAMIN Records, Inc. and its agents as
your agent for this limited purpose. Each time you enter your account
login information, you are permitting VITAMIN Records, Inc. and its agents
to process your request and use information submitted by you to
accomplish the foregoing. You will choose a password when registering.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement. |
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